CALIFORNIA STATE UNIVERSITY, LONG BEACH (CSU) ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning
bidder and California State University,
Long Beach (CSU) upon the terms and conditions set forth herein. California State University, Long Beach
(CSU) may pursue all legal remedies allowed by law against any bidder who
fails to make payment for a winning bid.
Guarantee
Waiver. All property is offered for
sale as-is, where-is. California State University, Long Beach (CSU) 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 property
offered for sale. Some or all items may have been declared unsafe in their
present condition by a federal or state safety standard. Buyers should inspect
and, if necessary, repair/test all items prior to any use. Buyer 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.
Description
Warranty. California
State University, Long Beach (CSU) warrants
to the Buyer that the property offered for sale will conform to its
description. Any claim for mis-description must be
made prior to removal of the property. If California
State University, Long Beach (CSU)
confirms that the property does not conform to the description, California State University, Long Beach (CSU) will keep the property and refund any money paid. The
liability of California
State University, Long Beach (CSU)
shall not exceed the actual purchase price of the property. Please note that
upon removal of the property, ALL SALES
ARE FINAL.
Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.
Indemnification.
Bidder agrees for and on behalf of
bidder, bidder's heirs, successors and assigns that bidder shall indemnify and
hold California State University, Long
Beach (CSU) harmless from and against any claim, demand or cause of action
arising or alleged to have arisen out of the sale or failure to sell any item
of surplus property including claims for personal or bodily injury, death or
contract damages.
Consideration
of Bid. California
State University, Long Beach (CSU)
reserves the right to reject any and all bids and to withdraw from sale any of
the items listed.
Reserve
Requirement. If there is a reserve
requirement and the reserve price is not met by the close of bidding, California State University, Long Beach
(CSU) reserves the right to sell the auction item to the next highest
bidder, relist the item for auction, or otherwise dispose of the item at California State University, Long Beach
(CSU)'s discretion.
Bid Deposits. California
State University, Long Beach (CSU) may require bid deposits in order to
ensure fairness to all bidders. The deposit will be retained only if the
winning bidder defaults. The deposit will be reversed if no default occurs, or
the bidder does not win the auction.
Buyer Premium. A Buyer Premium of 10% will be added to the final sale price with a $1 minimum charge per auction to collect payment. The premium will be visible during the bidding process and will be included in the payment required.
State/Local
Sales and/or Use Tax. California State
University, Long Beach (CSU) may
collect the applicable sales tax, unless the Buyer has provided a valid California
tax-exemption certificate to California
State University, Long Beach (CSU)
prior to payment. If applicable, the sales tax will be visible during the
bidding process and will be included in the payment specified.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. PayMac, a third-party payment processing company,
receives all payments for California
State University, Long Beach (CSU). Payment for an awarded item must be
received WITHIN FIVE (5) BUSINESS DAYS after the date of the
Notice of Award of the successful bid.
Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If payment is to be made with a credit card, please follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.
Payment by
Credit Card
Login to the Public Surplus site. Click on the My Stuff link and then click on the Past Bids link. Click on the description of the auction and then click on the Pay Online link located on the right hand side of the screen. Follow the steps to complete the transaction. A receipt will be emailed to the Buyer once the payment has cleared.
Wire Transfers
For payments over $4,000.00, a Wire Transfer is required. If a wire transfer is needed, please email support at buyersupport@publicsurplus.com and ask for wire instructions or request the instructions via live chat. These instructions will be emailed. Please follow them exactly to ensure prompt payment.
Partial Payment
There will be NO partial payments allowed for an auction. All auctions must be paid in full according to the specified payment process. For example, the Buyer WILL NOT be able to partially pay for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer. All credit card payments must be made using a single credit card.
Removal. ALL REMOVAL OF AWARDED ITEM(S)
MUST BE SCHEDULED WITH CALIFORNIA
STATE UNIVERSITY, LONG BEACH (CSU).
Buyer must remove auction item(s) from the agency
premises WITHIN TEN (10) BUSINESS
DAYS after the time and date of issuance of the Payment Received
notification. Upon receipt of payment, Buyer will be notified by email sent to
the email address provided at registration with Publicsurplus.com. Buyer may
then contact California State University, Long Beach (CSU) and arrange
for a mutually convenient pick-up time.
Buyer is 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. No
maintenance may be performed on California
State University, Long Beach (CSU) property. Loading assistance may be offered at an additional cost, which will
be paid directly to California State
University, Long Beach (CSU).
If Buyer chooses to send an agent on their
behalf to remove the item(s), the BUYER must to send an email from the email
address REGISTERED WITH PUBLICSURPLUS.COM NOTIFYING CALIFORNIA STATE UNIVERSITY, LONG BEACH (CSU) OF THE authorized
AGENT removing the item(s).
The following documents must presented at time of
Pick-Up: (1) the Bill of Sale and (2)
personal picture identification
(such as a Driver License). BOTH
IDENTIFICATION ITEMS MUST BE PRESENTED AT THE SCHEDULED TIME OF REMOVAL, OR THE
AUCTION ITEM(S) WILL NOT BE RELEASED.
Shipping. UNDER NO CIRCUMSTANCES WILL CALIFORNIA STATE UNIVERSITY, LONG BEACH (CSU) SHIP,
OR PREPARE FOR SHIPMENT, ANY ITEM(S). However, Buyer may contact a local carrier of their choice to pick-up, package,
and ship the item(s). It is the Buyer's responsibility
to follow the Removal Procedures above to ensure that the item(s) are released.
Liability. Buyer shall be liable to and reimburse California State University, Long Beach (CSU) for any damage to California State University, Long Beach
(CSU)'s property caused by Buyer's or Buyer Agent's removal of auction
item(s) from the premises.
Should the Buyer hire a third-party carrier
to remove the item(s), the Buyer will be required to provide California State University, Long Beach (CSU) evidence of liability insurance for the
carrier. The carrier shall carry no less than $1,000,000 per
occurrence/$2,000,000 general aggregate in General Liability, and $1,000,000
combined single limit in Auto Liability insurance coverage.
Abandonment
of Item. Auction items paid for but
not picked up within the specified time will be considered abandoned. If Buyer,
after making payment for an item, fails to remove the item within the specified
time, California State University, Long
Beach (CSU) reserves the right to (1) retain all payments; and (2) dispose
of the item through another auction or otherwise.
Risk of
Loss. In the event an auction 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 buyer, or buyer's
agent or employee, California State
University, Long Beach (CSU) will refund any money paid. The liability of California State University, Long Beach (CSU) shall not exceed the actual purchase price of the property.
Vehicle Titles. California State University, Long Beach (CSU) will issue a title or certificate at the time of removal of the vehicle. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. California State University, Long Beach (CSU) will not issue replacement titles.
Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all items within the specified time. Default may result in termination of the bid contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, California State University, Long Beach (CSU) may retain Buyer's bid deposit and/or payment, and exercise such rights and pursue such remedies as are provided by law.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that the bidder has read, fully understood, and accepted these Terms and Conditions of Online Sales, and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*