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 representations by any representative of Michigan Technological University, changing or supplementing these terms or any condition thereof, are 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 permitted.
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. In-person pickup: You will be notified by email when your payment has been received. You may then call or email the Auction Contact listed on the auction to arrange for a mutually convenient pick-up time. You must bring 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. Both parties will sign copies of an auction receipt to acknowledge pickup, and a bill of sale will be provided. If these steps are not followed the auction item will not be released to you.
2. Third-party pickup: While we will not directly ship items to you, we may allow a third-party pickup (e.g., pickup by a shipping or freight vendor). Items will not be released to anyone other than the Buyer without prior authorization. The following steps are required:
· Buyer must explicitly state in writing that we are authorized to release their item to a named third party. This must come from the email address associated with the Buyer's Public Surplus account.
· Buyer must provide a copy of a photo ID. Address and information on the ID must match the Buyer profile on Public Surplus.
· Buyer must provide copies of the shipping documentation if item is to be picked up by a shipping/freight vendor. Any individual picking up the item must agree to be photographed and allow us to photocopy their ID.
· We will provide you with a modified auction receipt which will highlight the Buyer's understanding that all risk of loss transfers to the Buyer once items are released to their designated third party. Buyer must sign and return this receipt before items will be released. We will sign, date, and return a copy of the receipt with the Bill of Sale when we release the items to the third party.
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. 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. Sales tax is collected on the total sales price which includes the final bid amount plus the buyer's premium.
Removal
Buyer must remove auction item(s) 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, Michigan Technological University 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 transporting the property. In the event a Buyer has authorized release of an item to a third party (e.g., pickup by a shipping or freight vendor) Michigan Technological University may choose to prepare or pack an item for shipment per the Buyer's specifications, but the Buyer remains solely responsible. Under no circumstances will Michigan Technological University assume responsibility for packing, loading, or transporting. Upon release of property all risk of loss transfers to the Buyer. All sales are final upon removal of the property.
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 attorney's 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 Online Sales Terms and Conditions and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified.