Various Gym Equipment

Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that the bidder has read, fully understands, and accepts these Terms and Conditions and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified. No addition to or modification of any of these terms and conditions will be effective unless agreed to in writing by Upper Darby School District (“UDSD”). Contract. A Notice of Award is a contract between the successful bidder and the UDSD upon the terms and conditions set forth herein. The UDSD may pursue all legal remedies allowed by law against any successful bidder who fails to make payment for a winning bid. If the UDSD pursues legal remedies allowed by law against any successful bidder who fails to make payment for a winning bid, the successful bidder who fails to make payment for a winning bid shall be responsible for all of LLIU’s attorney fees and costs incurred in pursuing legal remedies if UDSD, in its sole discretion, pursues legal remedies allowed by law. DO NOT BID UNLESS YOU INTEND TO BUY. Indemnification. Bidder agrees for and on behalf of bidder, bidder’s heirs, successors and assigns that bidder shall indemnify and hold the UDSD, its officers, directors, agents, employees, successors (including, without limitation, subsequent purchasers of the item) and assigns harmless from and against any liability, claims, demands, causes of action, suits, damages (including, without limitation, special, punitive, consequential and delay damages), judgments, penalties, loss, attorney fees, interest or other cost or expense of whatever kind or nature incurred or sustained by UDSD, its officers, directors, agents, employees, successors (including, without limitation, subsequent purchasers of the item) and assigns at any time on or after the date of sale, with respect to or by reason of (i) any failure, breach, default, inaccuracy or lack of performance on the part of bidder or any of its representations, warranties, covenants or obligations herein or (ii) any incident involving, related to or arising out of the removal of the item and/or the transaction and/or the item. Guarantee Waiver. All property is offered for sale AS-IS, WHERE-IS and WITH ALL FAULTS. UDSD makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the item offered for sale. Some or all items may have been declared unsafe in their present condition by a federal or state safety standard. All items are not capable of being operated at this time and must be towed off-site. Bidder should inspect and, if necessary, repair/test all items prior to any use. Bidder is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages. UDSD SHALL NOT BE LIABLE TO BIDDER, OR TO ANY OTHER PERSON, FOR ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE ITEM, WHETHER BY ALLEGED NEGLIGENCE, STRICT TORT LIABILITY, BREACH OF WARRANTY OR OTHERWISE. Sales. ALL SALES ARE FINAL WITH NO RETURNS OR NO REFUNDS OR NO ADJUSTMENTS. No Description Warranty Applicable to Non-Vehicle Purchases Only. UDSD is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder’s responsibility to inspect and satisfy itself as to the details and conditions of the item offered before entering a bid. UDSD does not attest to the authenticity of any item. No Description Warranty Applicable to Vehicle Purchases Only. UDSD is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder’s responsibility to inspect and satisfy itself as to the details and conditions of the item offered before entering a bid. UDSD does not attest to the authenticity of any item. Vehicles are without maintenance records, and condition is unknown. It is the bidder’s responsibility to check vehicle history. Withdraw. UDSD reserves the right to withdraw any items being offered. Bidders will have no right or recourse with the UDSD or any of its agents should UDSD elect to withdraw any items being offered. Lots. It is understood that bids placed on “lots” of non-vehicle items only are placed with the intent that the entire contents of a “lot” will be removed in its entirety and to the complete satisfaction of the UDSD. Pick Up and Shipment of Non-Vehicle Purchases Only. UDSD assumes no liability for the pick-up and, if applicable, shipment of items. Successful bidder will be strictly responsible for loading, handling and hauling of items purchased. UDSD will not assist with any packaging, preparation for shipping or loading during pick up. UDSD may be willing to package small items and provide the successful bidder the weight and dimensions if the successful bidder can send a trackable, prepaid UPS or USPS label with their payment for the item via cashier’s check or money order. UDSD shall have no responsibility for shipping, installation, warranty, maintenance, engineering changes or technical support of the item purchased hereunder. UDSD shall have no responsibility for the disassembly and removal of items. NO PROPERTY MAY BE REMOVED BY THE SUCCESSFUL BIDDER PRIOR TO SUCCESSFUL BIDDER MAKING FULL PAYMENT. Pick Up of Vehicle Purchases Only. UDSD assumes no liability for the pick up of items. Successful bidder will be strictly responsible for loading, handling and hauling of items purchased. UDSD will not assist with any packaging, preparation for shipping or loading during pick up. UDSD shall have no responsibility for shipping, installation, warranty, maintenance, engineering changes or technical support of the item purchased hereunder. UDSD shall have no responsibility for the disassembly and removal of items. NO PROPERTY MAY BE REMOVED BY THE SUCCESSFUL BIDDER PRIOR TO SUCCESSFUL BIDDER MAKING FULL PAYMENT. Compliance. It is the successful bidder’s sole responsibility to comply with all applicable local, state and federal laws, rules and regulations necessary in connection with the purchase of an item and the transport of the item. Bidders represent that they possess all the necessary permits and authorizations required to disassemble, remove, transport, or otherwise properly dispose of the property being acquired. Risk of Loss. In the event an item is lost or destroyed after a Notice of Award has been sent but prior to removal, and to the extent such loss or destruction is not caused by the successful bidder, or successful bidder’s agent or employee, the UDSD will refund any money paid by the successful bidder, provided, however, that the liability of the UDSD shall not exceed the actual amount paid by the bidder. The risk of loss to the item shall pass to the successful bidder when the successful bidder or successful bidder’s carrier or hauler first enters onto the UDSD’s property to begin transport. Payment. All payments must be paid in the form of a CERTIFIED CHECK MONEY ORDERS made payable to UPPER DARBY SCHOOL DISTRICT. Payment for an awarded item must be received within seven (7) calendar days from the date of the Notice of Award. Sales Tax. Applicable sales tax will be added to the amount due pursuant to these Terms and Conditions unless the buyer has provided a valid tax-exempt certificate to UDSD prior to payment. Please note that a separate process for payment of applicable sales tax involving the purchase of vehicles applies pursuant to these Terms and Conditions. Partial Payments. There will be NO partial payments allowed for an auction. All auctions must be paid in full by the specified payment process. Bid Deposit. UDSD may require a bid deposit pursuant to procedures established by Public Processing, LLC. Costs of Transfer of Vehicle Applicable to Vehicle Purchases Only. All costs involved with the transfer of the vehicle, including, without limitation, registration, taxes, title transfer, etc., shall be (i) borne solely by the successful bidder and (ii) paid by the successful bidder directly to the automobile tag agency at the time of transfer from the UDSD to the successful bidder. Applicable Law. This purchase shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to principles of conflict of laws. Each party irrevocably submits to the exclusive jurisdiction of the Court of Common Pleas of Delaware County, Pennsylvania, for the purpose of any suit, action or other proceeding arising out of this purchase or the interpretation, performance or enforcement hereof, and the parties agree that venue for any such suit, action or proceeding shall lie exclusively in such court. Business day. “Business day” (or “business day”) as used herein means, as to any party, any day that is not a Saturday, Sunday, or federal holiday. Inspection Applicable to Vehicle Purchases Only. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection. To inspect any items the prospective bidder must contact Maureen Williams at mawilliams@upperdarbysd.org to request an inspection date or an inspection date will be chosen for all bidders to inspect the items for the auction. Consideration of Bids. The UDSD reserves the right to reject any and all bids. Notice of Award. Successful bidders will receive a “Notice of Award” by email from UDSD. Pick-up procedures. (i) The successful bidder will be notified by email sent to the address it provided at registration with Municibid. The successful bidder may then contact Maureen Williams at mawilliams@upperdarbysd.org and arrange for a mutually convenient pick-up time. The successful bidder must bring to the pick-up location (1) the Notice of Award, (2) the “Paid Receipt” and (3) personal picture identification (such as a driver’s license). The successful bidder must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to the successful bidder. (ii) If a third party is picking up an item for the successful bidder, the third party will need to bring the Notice of Award and “Paid Receipt,” plus a note from the designated successful bidder specifically naming the third party as an authorized representative, along with the third party’s own personal picture identification. In addition, the third party must arrange for the winning bidder to send an e-mail from the winning bidder’s e-mail address used for the auction to the UDSD representative Maureen Williams at mawilliams@upperdarbysd.org, stating that the third party is authorized to pick-up the item. Removal Applicable Vehicle Purchases Only. Buyer must pay for and remove auction item(s) from the UDSD property or designated location WITHIN FIFTEEN (15) CALENDAR DAYS after the time and date of issuance of the Notice of Award. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the UDSD reserves the right (i) to retain all payments and (ii) to dispose of the item through another auction or otherwise. Successful bidders are responsible for packing, loading, removing and transporting all property awarded to them from the place where the property is located as indicated on the website and in the Notice of Award. The successful bidder must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Successful bidders shall be liable to and reimburse the UDSD for any damage to the UDSD’s property or designated location caused by buyer’s or buyer agent’s removal of auction item(s) from the premises. No maintenance to the item may be performed on the UDSD’s property or designated location. For additional information, please contact Maureen Williams at mawilliams@upperdarbysd.org. Upon receipt of the purchase price and compliance with all of the terms and conditions, the UDSD shall deliver title to the vehicle purchased to the successful bidder. Time for settlement is of the essence. Abandonment of Item. Auction items paid for but not picked up within the specified time will be stored for fifteen (15) calendar days from the last date of available pickup. The UDSD will charge a storage fee of Ten Dollars ($10.00) per calendar day during this time, which must be paid by the successful bidder before the item will be released. At the expiration of the 15-day period, the item will be deemed abandoned and may be auctioned again or disposed of in a legal manor to pay the storage fee. Any amount received in excess of the storage fee will be retained by UDSD as payment for additional efforts to dispose of the item. Headings. Any headings preceding the text of the several paragraphs hereof are inserted solely for convenience of reference and shall not constitute a part of the Terms and Conditions, nor shall they affect its meaning, construction or effect. *THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*