Brigham Young University Terms and Conditions
ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for sale (as-is, where-is.) Brigham Young University 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.
Description Warranty. Brigham Young University 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 Brigham Young University confirms that the property does not conform to the description, Brigham Young University will keep the property and refund any money paid. The liability of Brigham Young 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.
Consideration of Bid. Brigham Young 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 Inc. a third-party payment processing company, collects all payments for Brigham Young University . 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.
Bid Deposits. Brigham Young University 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 may 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
Removal. Buyer must remove auction item(s) from said agencies premises within 5 business days of notification by Public Surplus of receipt of payment, and within 10 business days from 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 any and all payments; and (2) to dispose of the item as deemed desirable by the agency. 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 on the website and in the Notice of Award. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Brigham Young University assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8am and 5pm, Monday through Friday, excluding legal holidays. For additional information, please contact (THE AUCTION CONTACT IN THE LISTING).
Vehicle Titles. Brigham Young University 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. Brigham Young University 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 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, Brigham Young University 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 of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.
Bidding:
You are expected to pick up your items at the location where the item
is in place after paying for them and obtaining a receipt for your
payment. We will not ship any items.
-Maximum bidding/Proxy
bidding:
Proxy bidding is a way for you to enter a maximum bid.
The system will bid for you, up to your maximum bid, rather than
constantly outbidding people on your own. Let the system be your
proxy and do the work for you!!!
Here is how proxy bidding
works:
You decide how much you are willing to pay, enter your
first bid, and then give your proxy (the system) a confidential bid.
Note the ending time of the auction and log off. Your proxy (the
system) does all the work to get you the item you want, while
outbidding others, up to your maximum bid. If others have placed a
proxy, your proxy bid may lose or jump up above the other proxy
bid.
At the end of the auction, check back to see how your proxy
did. If other bidders outbid your maximum amount, you don't get the
item. But otherwise, you are the winner! The final price may even be
less than the maximum amount you are willing to pay.
-Understanding
the bidding history:
There are two things you need to know and
understand about bidding.
1- Tie bids are awarded to the earlier
bidder. Previous proxy bids will take precedent to anyone who matches
an amount covered by the proxy.
2- It may appear that the same
bidder is raising their own bid but what is actually displayed are
the results of proxy competition.
Eligibility
to bid:
This auction site is only available to people who are
legally able to form binding contracts as the buyer of an auction
item. Persons who are under the age of 18 years or otherwise do not
meet these requirements; you are not eligible to use this auction
service.
Viewing
of items:
You may view items for sale by contacting the contact
person listed with the item and making an appointment.
Reserve
auction items:
When you are bidding in a "Reserve Price
Auction". A reserve price is the lowest price a seller is
willing to sell the item for. The reserve price is usually higher
than the minimum starting bid and is kept secret from buyers before
and after the bid closing. Sellers use reserve price to stimulate
interest in their item and to establish a threshold for which they
may withdraw their item from the auction for any number of reasons.
Always be aware that if you bid in a reserve price auction and your
bid does not meet the reserve, you have no obligation to purchase the
item from the seller, nor is the seller obligated to sell his item to
the high bidder.
Verify
Winning Bids:
This auction is conducted via electronic means
through the Internet. We strive to make this system as accurate as
possible, however, errors are possible. Please verify your winning
status before traveling to our location.
Privacy:
Information
gathered is used for the purpose of conducting the auction and will
not be used for any other purpose. Personal information will not be
released to any other party.