Davis Technical College
ONLINE SALES TERMS AND
CONDITIONS
Contract. An award of sale is a contract
between the winning bidder and The Davis Technical College upon the
terms and conditions set forth herein. The Davis Technical College
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. The Davis Technical
College 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. The Davis Technical College 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
The Davis Technical College confirms that the property does not
conform to the description, The Davis Technical College will keep the
property and refund any money paid. The liability of The Davis
Technical College 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 The Davis Technical College 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. The Davis
Technical College reserves the right to reject any and all bids and
to withdraw from sale any of the items listed before a notice of
award is delivered.
Reserve Requirement. If there is a
reserve requirement and the reserve price is not met by the close of
bidding, The Davis Technical College 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 The Davis Technical Colleges
discretion.
Notice of Award. Successful bidders will
receive a Notice of Award by email from PublicSurplus.com
Payment.
PayMac, Inc. a third-party payment processing company, receives all
payments for The Davis Technical College. 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 you choose to pay 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 you once the
payment has cleared.
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, you
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.
Wire Transfers
For payments over $4,000.00, a
Wire Transfer is required. If you need to do a wire transfer, please
email support at buyersupport@publicsurplus.com and ask for wire
instructions or request the instructions via live chat. These
instructions will be emailed to you. Please follow them exactly to
ensure prompt payment.
Pick-Up and Third Party Pick-Up
Procedures
Pick up is between 9:00AM 3:00PM MST by
appointment only. Failure to schedule appointment will result in loss
of bidding ability for College surplus items.
1. Upon
receipt of payment, You will be notified by email sent to the address
You provided at registration with Publicsurplus.com. You may then
contact The Davis Technical College and arrange for a mutually
convenient pick-up time. You 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 License). You must present all three
identification items at the scheduled pick-up, or the auction item(s)
will not be released to you. Failure to do so will result in loss of
bidding ability for Collage surplus items.
2. If you are
picking up an item for someone else, you will need to bring the
Notice of Award and the Paid Receipt (photo copies are acceptable),
plus a note from the designated winning bidder specifically naming
you as authorized representative, along with your own personal
picture identification. In addition, you must arrange for the winning
bidder to send an e-mail from the winning bidder e-mail address used
for the auction, stating that you are authorized to pick-up the
item.
Shipping. We cannot ship any item(s). However, you
may contact a local carrier of your choice to pick-up, package, and
ship your item(s) for you. It will be your responsibility to follow
the Third-Party Pick-Up Procedures above to ensure that your item is
released.
Bid Deposits. The Davis Technical College may
require bid deposits in order to ensure fairness to all bidders. The
deposit will be reversed if no default occurs or the bidder does not
win the auction. The deposit will be retained if the winning bidder
defaults.
Bidder Blocking. The College reserves the right
to block a bidders ability to bid on College surplus items for any
reason. This includes but is not limited to bidders failure to make
payment within required payment period, failure to make appointment
for pick-up of surplus items and rude or discourteous behavior toward
College staff.
Buyer Premium. A Buyer Premium 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. The Davis Technical College may collect sales
tax, unless the Buyer has provided a valid tax-exempt certificate to
The Davis Technical College prior to payment. If applicable, the
sales tax will be visible during the bidding process and will be
included in the payment specified.
Removal. Buyer must
remove auction item(s) from the agency premises within ten (10)
business 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 agency reserves the
right (1) to retain all payments; and (2) 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 Buyer
must make all arrangements and perform all work necessary, including
packing, loading and transportation of the property. Under no
circumstances will The Davis Technical College assume responsibility
for packing, loading or transporting auction item(s). Buyer shall be
liable to and reimburse The Davis Technical College for any damage to
The Davis Technical Colleges property caused by Buyers or Buyer
Agents removal of auction item(s) from the premises. No maintenance
may be performed on The Davis Technical College property. For
additional information, please contact Thomas Kimber,
thomas.kimber@davistech.edu.
Abandonment of Item. Auction
items paid for but not picked up within the specified time will be
stored for 15 days from the last date of available pickup. The Davis
Technical College will charge a storage fee of $10 per day during
this time, which must be paid by Buyer 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 to pay the storage fee.
Any amount received in excess of the storage fee will be retained by
The Davis Technical College as payment for additional efforts to
dispose of the item.
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 buyers agent or employee, The Davis Technical
College will refund any money paid. The liability of The Davis
Technical College shall not exceed the actual purchase price of the
property.
Vehicle Titles. The Davis Technical College
will issue a title or certificate upon receipt of payment. Titles may
be subject to any restrictions as indicated in the item description
on the website. Open titles cannot be issued. The Davis Technical
College 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, The Davis
Technical College may retain Buyers bid deposit 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*