AGENCY
ONLINE SALES TERMS AND CONDITIONS
Contract
An
award of sale is a contract between the winning bidder and San Jose
State University (CSU) upon the terms and conditions set forth
herein. San Jose State University (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. San Jose State
University (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
San
Jose State University (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 San
Jose State University (CSU) confirms that the property does not
conform to the description, San Jose State University (CSU) will keep
the property and refund any money paid. The liability of San Jose
State University (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 San Jose State University (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
San Jose State University (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, San Jose State University (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 San Jose State
University (CSU)s 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
San Jose State University (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 San Jose State University (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
San
Jose State University (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
San
Jose State University (CSU) may collect sales tax , unless the Buyer
has provided a valid tax-exempt certificate to San Jose State
University (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 San Jose State University (CSU) assume
responsibility for packing, loading or transporting auction item(s).
Buyer shall be liable to and reimburse San Jose State University
(CSU) for any damage to San Jose State University (CSU)s property
caused by Buyers or Buyer Agents removal of auction item(s) from the
premises.No maintenance may be performed on San Jose State University
(CSU) property.
Property
may be removed between the hours of 8:00 a.m. to 12:00 p.m. or 1:00pm
to 3:30 p.m. Monday through Friday, excluding legal holidays. For
additional information, please contact:
John
Munn, Property Coordinator, ReUse Program Coordinator, (408) 924-1562
john.munn@sjsu.edu
Abandonment
of Item
Auction
items paid for but not picked up within the specified time will be
considered abandoned. San Jose State University (CSU) will have the
ability to re-list any and all items designated as abandoned with no
refund being provided to the user. Please be advised.
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,San Jose State University (CSU) will refund any money paid.
The liability of San Jose State University (CSU) shall not exceed the
actual purchase price of the property.
Vehicle
Titles
San
Jose State University (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. San Jose State University (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, the bid deposit will be
forfeited.
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.
CONDITIONS
OF SALE: Sale of all surplus property is, as is and where is, with
all faults and without warranty. The description of surplus property
offered for sale has been compiled from available data, but there is
no guaranty or warranty on the part of Seller as to condition or
quality. The Seller reserves the right to withdraw any items being
offered. Seller will furnish no services of any kind to the bidder
for any and all costs associated with shipping including but not
limited to packaging, crating, loading, freight unless otherwise
indicated. Note: No refunds or adjustments will be made on any
award(s).
BE
ADVISED THERE ARE NO EXPESSED OR IMPLIED WARRANTIES ON ANY ITEMS
LISTED.
LIABILITY
AFTER AWARD
The
purchaser shall assume all liability for the property after the award
is made. The Seller will exercise its normal care for protection up
to the time for removal, but will not be responsible for any loss or
damage whatsoever. No property may be removed by the purchaser prior
to making full payment.
Seller
reserves the right to award by item, groups of items, or total bid;
or to reject any and all bids or portions thereof and to make awards
if in its judgment the best interests of the San Jose State
University will be served.
EACH
BID IS RECEIVED with the understanding that the acceptance by the
Seller of the offer to purchase any or all of the items described
therein shall constitute a contract between the bidder and San Jose
State University.
GENERAL
The
Property is sold "AS IS, WHERE IS, WITH ALL FAULTS" and
without representation or warranty. Seller hereby expressly disclaims
all warranties, either express or implied, including any implied
warranty of merchantability or fitness for a purpose, and neither
assumes nor authorizes other person to assume for it, any liability
in connection with the sale of these goods. There is no warranty of
vehicles odometer readings.
Items
are offered for sale using the services and Web site of Public
Surplus, LLC (www.publicsurplus.com). Under no circumstances will the
Seller 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 the Seller has been specifically advised of
the possibility of such damages or losses.
VIEWING
of bid items on site will be by appointment only and prior to the
auction closing date, but may not always be possible.
DIRECT
contact with San Jose State University employees, other than the
employees of the Purchasing Division, on the subject of this bid is
prohibited except with the foreknowledge and permission of the
Purchasing Manager or his representative.
APPLICABLE
LAW; VENUE: Any contract resulting from this solicitation shall be
governed in all respects by the laws of the State of California and
any litigation with respect thereto shall be brought in the courts of
the State of California. The buyer shall comply with applicable
federal, state and local laws and regulations.
SALE
OF EQUIPMENT AND/OR VEHICLE(S)
San
Jose State University
TERMS
AND CONDITIONS
Condition
of Sale:
The
sale of University equipment and/or vehicle(s) is in an "As Is"
condition, with all faults and without warranty. The description of
the equipment and/or vehicle(s) offered for sale has been compiled
from data available but there is no guaranty or warranty on the part
of the Seller as to condition, description of the equipment and/or
vehicle(s) or quality. The Seller reserves the right to withdraw any
equipment and/or vehicle(s) being offered for sale. All costs
associated with sale of the equipment and/or vehicle(s), including
but not limited to loading, freight, insurance, shipping of equipment
and/or vehicle(s) and taxes are the successful Bidder's
responsibility. The sale of the equipment and/or vehicle(s) will be
to the highest responsive and responsible Bidder. There shall be no
refunds or adjustments on the successful Bidders price. All sales are
final.
Omissions:
The
Seller is not responsible for any omissions or errors in the
description of the equipment and/or vehicle(s) offered for
sale.
Inspection
The
Seller shall have the equipment and/or vehicle(s) available for
inspection by appointment only and prior to the start of bidding.
Equipment and/or vehicle(s) will be available for viewing from 8:00
a.m. - 5:00 p.m. for two (2) days before putting the equipment and/or
vehicle(s) up for bid. Bidders must adhere to the inspection dates
and times indicated in the equipment and/or vehicle(s) description
and contact only the person(s) listed to schedule an
inspection.
Bids
Bids
submitted shall remain firm for a period of five (5) days following
the closing date of bids. The successful Bidder shall be required to
remit payment within ten (10) calendar days after notice of
successful bid and remove the property within ten (10) days from the
date of the successful bid. The Seller reserves the right to withdraw
any equipment and/or vehicle(s) from the sale up until the time the
sale of the equipment and/or vehicle(s) is awarded. The Seller
reserves the right to set a minimum bid on any equipment and/or
vehicle(s). The Seller further reserves the right to advertise for
new bids if, in the judgment of the Seller, the best interest of the
Seller will be promoted thereby.
Award
of Sale Item
At
the time auctioneer awards sale of equipment and/or vehicle(s) to
bidder, a legally binding contract is established between the Seller
and the bidder. The Seller will pursue legal remedies allowed by law
against any bidder who fails to make required payments.
Taxes
Any
and all taxes, federal, state and local, due on the sale of the
equipment and/or vehicle(s) shall be paid by the successful
Bidder.
Liability
The
successful Bidder shall assume all liability for the equipment and/or
vehicle(s) after the award is made and the Seller is not responsible
for any loss or damage to the equipment and/or vehicle(s) upon sale.
The equipment and/or vehicle(s) shall not be removed from the
possession of the Seller prior to full payment.
Applicable
Law
Any
contract resulting from the bid for the equipment and/or vehicle(s)
will be governed by the laws of the State of California.
*THESE
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*