University of Wyoming
Terms and Conditions
Guarantee Waiver: All property is offered for sale "as-is, where-is" and "all sales are final." The University of Wyoming, hereafter referred to as UW, makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential. Be advised there are no expressed or implied warranties on any items listed.
Liability: The State of Wyoming, the University of Wyoming, its Trustees, employees, agents, representatives, instructors and volunteers are held harmless from any and all liability, actions, cause of action, debts, claims or demands of any kind and nature whatsoever which may arise, including simple negligence, by or in connection with the removal, transportation and use of the purchased surplus.
Items are offered for sale using the services and Web site of Public Surplus, LLC (www.publicsurplus.com). Under no circumstances will the University of Wyoming 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 purchase from or 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.
Consideration of Bid: UW reserves the right to reject any and all bids and to withdraw from sale any of the items listed and to award the item(s) in the best interest of UW.
Payment. PayMac, Inc. collects all payments for UW. Payment for an awarded item must be received within 5 business 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 on "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.
Pick Up Procedures
1. Public Surplus will notify the Buyer upon receipt of payment. The Buyer may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. The Buyer must bring the (Notice of Award) with the (Paid Receipt) and personal identification such as a Drivers License or DMV ID to the pick up location. The person releasing the item will require the Buyer to show all three documents. The Buyer must present these forms of identification at the scheduled pick up or the auction item(s) will not be released.
2. If you are picking up an item for someone else, you will need to bring the receipt, (photo copies are acceptable), plus a note from the designated (winning bidder) specifically naming you as their authorized representative, along with your own ID.
Removal. No items can be removed before payment has taken place. All items, excluding vehicles, must be paid and removed within 5 working days from the closing date. Items not removed within 14 days will be considered abandoned. Title and possession of vehicles will occur within five business days of receipt of payment. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal and any and all property awarded to them from the place where the property is located as indicated in the auction. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will UW assume responsibility for packing, loading or shipping. Property may be removed with an appointment between the hours of 8am and 4pm, Monday through Friday, excluding legal holidays. For additional information, please contact Property at (307) 766-6619, or via email at property@uwyo.edu.
Bid Deposits. UW may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Public Surplus will collect and retain the deposit if there is a default by the winning bidder.
Buyers Premium: A Buyers Premium of 10% will be 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 payment to Public Surplus
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 until the default has been cured. If the Buyer fails in the performance of their obligations, UW may exercise such rights and may pursue such remedies as are provided by law.
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.
Taxes: The successful bidder is required to pay any applicable sales tax on the equipment. Do not include sales or use tax in your bid.
Laws of Wyoming: UW does not waive its sovereign immunity by entering into this agreement and fully retains all immunities and defenses provided by law with regards to any action based on this agreement.
Any actions or claims against UW under this agreement must be in accordance with and are controlled by the Wyoming Governmental claims Act. W.S. Statue 1-39-101 et sec (1977) as amended.
The parties hereto agree that (1) the laws of Wyoming shall govern this agreement, (2) any questions arising hereunder shall be construed according to such law, (3) the agreement has been negotiated and executed in the State of Wyoming and is enforceable in the courts of Wyoming.