California State University, San Bernardino
Terms and
Conditions
ONLINE SALES - TERMS AND CONDITIONS
Contract.
An award of sale is a contract between the winning bidder and
California State University, San Bernardino (CSU) upon the terms and
conditions set forth herein. California State University, San
Bernardino (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. California State
University, San Bernardino (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
California State University, San Bernardino (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 California State University, San
Bernardino (CSU) confirms that the property does not conform to the
description, California State University, San Bernardino (CSU) will
keep the property and refund any money paid. The liability of
California State University, San Bernardino (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
toAcceptance of Terms and Conditions 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 California State
University, San Bernardino (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
California State University, San Bernardino (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, California State University, San Bernardino
(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 California State University, San Bernardino (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 California State University, San Bernardino (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 $2,000.00, 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 California State University, San Bernardino (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
California State University, San Bernardino (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 11% 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
California State University, San Bernardino (CSU) may collect sales
tax , unless the Buyer has provided a valid tax-exempt certificate to
California State University, San Bernardino (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, insurance (see below),
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 California State University,
San Bernardino (CSU) assume responsibility for packing, loading or
transporting auction item(s). Buyer shall be liable to and reimburse
California State University, San Bernardino (CSU) for any damage to
property caused by Buyer’s or Buyer Agent’s removal of
auction item(s) from the premises. No maintenance may be performed on
California State University, San Bernardino (CSU)
property.
Insurance Requirements
Successful bidder shall procure and maintain during the term of the
removal of specified equipment general liability insurance in an
amount not less than $2,000,000 for injuries, including accidental
death, to any one person, and, subject to the same minimum for each
person (workman’s compensation), in an amount not less than
$1,000,000 for each accident, and property damage insurance in an
amount not less than $1,000,000.
The successful bidder
shall furnish the University a certificate of insurance prior to the
commencement of work. The insurance policies shall contain, or be
endorsed to contain, the following provisions:
1) For
general and automobile liability policies, the State of California,
the Trustees of the California State University, the University,
their officers, employees, representatives, volunteers, and agents
are to be covered as additional insureds.
2) Each insurance
policy required shall state that the coverage shall not be canceled
by either the Contractor or the insurance carrier, except after
thirty (30) days prior written notice by certified mail, return
receipt requested has been given to the Trustees.
3) The State
of California, the Trustees of the California State University, the
University, their officers, employees, representatives, volunteers,
and agents shall not by reason of their inclusion as additional
insured incur liability to the insurance carriers for payment of
premiums for such insurance.
Abandonment of Item
Auction items paid for but not picked up within the specified time
will be considered abandoned. California State University, San
Bernardino (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 buyer’s agent or
employee, California State University, San Bernardino (CSU) will
refund any money paid. The liability of California State University,
San Bernardino (CSU) shall not exceed the actual purchase price of
the property.
Vehicle Titles
California State University, San Bernardino (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. California State University, San
Bernardino (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,
California State University, San Bernardino (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*