Northern Michigan University
ONLINE SALES TERMS AND CONDITIONS
General:
Items
are offered for sale by Northern Michigan University, Marquette,
Michigan, identified herein as "NMU". However, a
third-party web site provider, Public Surplus, LLC,
(www.publicsurplus.com)
an online auction services contractor, is utilized. Those submitting
bids are identified herein as "bidder(s)" or "buyer(s)".
Under
no circumstances will NMU be liable to any person or business entity
for any direct, indirect, special, incidental, consequential, or
other damages or losses based on or caused by any use of the auction
web site or any other web site to which the site is linked, the
content of such web sites, or any viruses or other harmful components
derived from any such web sites, including, without limitation, any
lost profits, revenue, or use, business interruption, or loss of
computer programs or information, even if NMU has been specifically
advised of the possibility of such damages or losses.
NMU strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, NMU reserves the right to cancel any sale, even if an award notification e-mail has been received. NMU cannot and will not guarantee uninterrupted access to the auction system.
Eligibility: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.
Acceptance of Terms and Conditions: By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.
Inspection: The responsibility to determine the condition of the property rests with the bidder. Prospective bidders are encouraged to inspect the property prior to bidding, and to place bids based solely on their personal inspection and evaluation. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection. Prospective bidders will not be allowed to test, operate or disassemble any item featured in an auction. NMU shall have the equipment and/or vehicle(s) available for inspection by appointment only.
Guarantee Waiver: All property is offered for sale "AS IS, WHERE IS" NMU makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose, or completeness of the property offered for sale.
The
description of the equipment and/or vehicle(s) offered for sale has
been compiled from data available but there is no guarantee or
warranty on the part of the NMU as to condition, quality or
description of the auctioned items.
DETERMINATION OF CONDTION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF THE BUYER.
Omissions: NMU is not responsible for any omissions or errors in the description of the equipment and/or vehicle(s) offered for sale.
Consideration
of Bid: NMU reserves the right to award by item, groups of items, or
total bid. NMU reserves the right to reject any and all bids and to
withdraw from sale any of the items listed.
Each Bid received with the understanding that the acceptance by NMU of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and NMU.
Bids: Bids submitted shall remain firm for a period of five (5) days following the closing date of bids.
Ownership: At the end of the auction, the highest bidder has entered into a binding contract with NMU, and is obligated to pay the price bid. Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution.
Bidders should verify winning status before traveling to NMU.
Notice of Award: Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Shipping: Unless otherwise noted, all items sold must be picked up at NMU, Marquette, Michigan. NMU will not be responsible for items after buyer, or designated shipper, takes possession.
Buyers Premium: Ten Percent (10%) SURCHARGE will be added to all purchases made. The surcharge is the cost to NMU for the utilization of the third-party web site provider. The buyer shall add and include the surcharge amount when making payment to Public Surplus.
Taxes: Any and all taxes, federal, state and local, due on the sale of the equipment and shall be included in your payment to Public Surplus, unless the Bidder provides a valid tax-exempt certificate at the time of payment.
Payment: PayMac, a third-party payment processing company, collects and handles all payments for NMU. Payment for an awarded item must be received within 5 calendar days of close of auction. Payment shall be made online by credit card, or wire transfer. 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 My Stuff and then click Past Bids. Click on the description of the auction and then click on 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 of an auction allowed. All auctions must be paid in full per payment process used per auction. For Example: You WILL NOT be able to pay partially for an auction by Credit Card and pay the remainder by another payment method such as a wire transfer.
Wire Transfers
For payments over $4,000.00 a Wire Transfer is required. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If you need to do a wire transfer please email support at buyersupport@publicsurplus.com asking for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.
Removal: All items must be removed within Ten (10) business days from the time and date of issuance of the Notice of Award. Purchases will be released only upon receipt of full payment as specified. Buyer is responsible for loading and removal and any and all property awarded to them. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will NMU assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8:00 am - 5:00 pm, Monday - Friday excluding times when the university is closed. Removal of purchased items
must
be scheduled in advance. If unclaimed by winning bidders, NMU
reserves the right to re-auction or award the item to the next
highest bidder.
Vehicle
Titles: NMU 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.
NMU will not issue replacement titles. There is no warranty or
verification of vehicle odometer readings.
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 contract and suspension from participation in all future sales. If the Buyer fails in the performance of their obligations, NMU may exercise such rights and may pursue such remedies as are provided by law. If one item goes into default, all items won by the bidder go into default and are subject to resale.
Reproduction
of Auction Materials and Resale of Items Listed: Bidders or website
users may reproduce or copy images, photographs, or descriptions of
property listed on the auction site for personal use only. Bidders
and website users may not reproduce, display, or broadcast online
auction materials by any means, or by using any media, without the
express written permission of NMU. NMU reserves the right to disallow
participation in the online auction by any website user or bidders at
any time for violating applicable laws, ordinances, terms and
conditions listed here, or for activity deemed unacceptable by NMU.
Before paying for and taking possession of the items listed for sale
by NMU, successful bidders and website users shall not post or list
the same items for sale by any other means. Please be advised that
NMU auction staff reports suspected fraud or criminal activity to the
proper authorities.
Indemnification:
Buyers agree to indemnify and hold harmless NMU for any and all
damages, claims, or liability of any nature or kind in the sale of,
or the buyer's use of, the property. The buyer, its predecessors,
successors and assigns hereby release, relinquish and discharge NMU,
its former, present and future agents, employees, officers,
officials, board members and legal representatives (collectively
known as "NMU") from any liability arising out of the sale
and/or concurrent negligence of NMU for any injury, including death
or damage to persons or property, where such damage is sustained in
connection with, or arising out of, the sale of NMU owned property.
Nothing herein is intended to or shall waive any applicable
governmental immunity for NMU.
Applicable Law: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of Michigan shall govern all matters relating to the use of this auction and purchase of items listed by NMU on this site. Any contract resulting from this solicitation shall be governed in all respects by the laws of the State of Michigan and any litigation with respect thereto shall be brought in the courts of the State of Michigan. The buyer shall comply with applicable federal, state and local laws and regulations.
Privacy: NMU gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose. Be advised that transactions of NMU auctions are subject to Freedom of Information Act requests.