MICHIGAN TECHNOLOGICAL
UNIVERISTY
ONLINE SALES TERMS AND CONDITIONS
BY SUBMITTING A BID, YOU AGREE TO ALL TERMS AND CONDITIONS
Guarantee Waiver
Surplus property is offered on an "AS IS"
basis. Michigan Technological University makes no warranty, expressed or
implied. ALL IMPLIED WARRANTIES OF FITNESS OR OF MERCHANTABILITY ARE
DISCLAIMED. Oral statements or representation by any representative of
Michigan Technological University, changing or supplementing the item or
condition thereof, is unauthorized and shall confer no right upon the Buyer.
The Buyer is not entitled to any payment for loss of profit or any other money
damages special, direct, indirect, or consequential.
Description Warranty
Michigan Technological University warrants to the Buyer that
the property offered for sale will conform to its description. Any claim of
fitness or merchantability by the buyer must be made prior to removal of the
property. If Michigan Technological University confirms that the property
does not conform to the written description, MTU will keep the property and
refund any money paid. The liability of Michigan Technological University 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. Test drives
of vehicles are not available.
Consideration of Bid
Michigan Technological University reserves the right to
reject any and all bids and to withdraw from sale any of the items listed.
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 Michigan Technological University. Payment for an awarded item
must be received within five (5) business days after 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.
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 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.
Pick-Up Procedures
1. You will be notified upon receipt of payment. You may then
contact the responsible party listed for the auction item and arrange for a
mutually convenient pick-up time. You must bring to the pick-up location a
valid form of photo identification (e.g., Driver�s License). For our backup documentation
you must allow us to make a photocopy of your ID and take your photograph as
proof of your identity and proof of pickup. Copies of the bill of sale and
auction receipt signed by both parties will be prepared at that time. If steps
are not followed then the auction item(s) will not be released to you.
2. If you are having a third party pick up your item(s) a signed
acknowledgement and authorization must be received from you prior to pickup
using the email linked to your Public Surplus account. The item(s) will not be
released to anyone other than the Buyer without prior authorization.
Buyer�s Premium
A Buyer�s Premium of 10% is added to the final sale price with a
$1 minimum charge per auction to collect payment. If added, the premium will be
visible during the bidding process and will be included in the payment
required.
State/Local Sales and/or Use Tax
Michigan Technological University may collect sales tax,
unless the Buyer has provided a valid tax-exempt certificate to Michigan
Technological University prior to payment. If applicable, the sales tax
will be visible during the bidding process and will be included in the payment
specified. If you have questions about whether tax should be included or not
you must address them PRIOR to making payment.
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 of 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 Michigan Technological University assume responsibility for
packing, loading, or transporting.
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, Michigan Technological University may exercise such
rights and may pursue such remedies as are provided by law.
The buyer holds Michigan
Technological University harmless from any and all actions, claims, debts, demands, judgments,
liabilities, costs and attorneys' fees arising out of, claimed on account of,
or in any
manner predicated upon loss of or damage to property and injuries, illness or
disabilities to or death of any
and all persons whatsoever, including members of the general public, or to the
property of any legal or
political entity in any manner caused by or contributed to by the buyer, its
agents, servants, employees, or any person subject to its control while in,
upon or about the sale site and/or the site on which the property is located, or
arising out of or in connection with the property or its use or condition after the property has been
removed from Michigan Technological University.
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.