AGENCY
ONLINE SALES TERMS AND CONDITIONS
Contract
An
award of sale is a contract between the winning bidder and Cal Poly
Humboldt (CSU) upon the terms and conditions set forth herein. Cal
Poly Humboldt (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. Cal Poly Humboldt (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
No Description
Warranty
Cal
Poly Humboldt (CSU) 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 him or herself as to the
details and conditions of the item offered before entering a bid. The
Agency does not attest to the authenticity of any item.
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 Cal Poly Humboldt (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
Cal
Poly Humboldt (CSU) 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,
Cal Poly Humboldt (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 Cal Poly Humboldt (CSU) discretion.
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 Cal Poly Humboldt
(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
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
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 Cal Poly Humboldt (CSU)
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.
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
Cal
Poly Humboldt (CSU) 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.
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
Cal
Poly Humboldt (CSU) may collect sales tax, unless the Buyer has
provided a valid tax-exempt certificate to Cal Poly Humboldt (CSU)
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 Cal Poly Humboldt (CSU) assume responsibility for
packing, loading or transporting auction item(s). Buyer shall be
liable to and reimburse Cal Poly Humboldt (CSU) for any damage to Cal
Poly Humboldt's (CSU) property caused by Buyer's or Buyer Agent's
removal of auction item(s) from the premises. No maintenance may be
performed on Humboldt State University property.
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. Cal Poly
Humboldt (CSU) will charge a storage fee of $25 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 Cal
Poly Humboldt (CSU) 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 buyer's agent or
employee, Cal Poly Humboldt (CSU) will refund any money paid. The
liability of Cal Poly Humboldt (CSU) shall not exceed the actual
purchase price of the property.
Vehicle Titles
Cal
Poly Humboldt (CSU) 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.
Cal Poly Humboldt (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, Cal Poly Humboldt (CSU) may retain
Buyer's 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*