Mott Community College (MCC)
ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and Mott Community College (MCC) upon the terms and conditions set forth herein. MCC may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
Guarantee Waiver. 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. (1) MCC agrees to sell and winning bidder agrees to purchase and accept item(s) on an as-is, where-is condition without warranties, guarantees, or representations of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. Buyer is not entitled to any payment for loss of profit or any other money damages special, direct, indirect or consequential. (2) Winning bidder accepts and voluntarily incurs all risks of any injuries, damages, or harm which may directly or indirectly result from interaction with item(s) as purchased. Winning bidder waives, releases and forever discharges any and all claims, lawsuits, judgments, settlements, including attorney’s fees (if any) and any other costs against MCC, its Board of Trustees, departments, affiliates, faculty members, students, employees, officers, agents, representatives and insurers (“Released Parties”) for any injuries, damages, losses or claims, whether known or unknown, which may arise in connection with the purchase of item(s). (3) Winning bidder agrees to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs and/or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits that (i) winning bidder, (ii) anyone claiming by, under or through winning bidder, or (iii) any third party, may bring against any of the Released Parties to recover any losses, liabilities, costs, damages, or expenses which arise. (4) Winning bidder acknowledges having carefully read and reviewed this section and winning bidder represents that (s)he fully understands and voluntarily executes the same.
No Description Warranty. MCC is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. MCC does not attest to the authenticity of any item.
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 MCC and its officers, employees, agents, volunteers and board members harmless against any and all liabilities, claims, losses, actions, causes of action, costs, expenses, and attorney fees, of any kind, whether relating to the property of MCC or any third party, or for personal injury or death, or for compensatory or economic damages, arising out of or in any way attributable to the sale or failure to sell any item of surplus property .
Consideration of Bid. MCC reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a notice of award is delivered.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, MCC 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 MCC’s discretion.
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, receives all payments for MCC. 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. Receipt of payment is required prior to picking up any auction items. Items will not be distributed prior to payment.
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
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 MCC and arrange for a pick-up time consistent with the bid instructions. 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.
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.
You will be required to sign the Hold Harmless Waiver attached to each individual auction at the time of your pick-up.
Shipping. We cannot ship any item(s). It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.
Bid Deposits. MCC 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 10.5% 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. MCC may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to MCC 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 MCC’s premises according to the schedule listed in the auction description following the issuance of the Notice of Award. If the Buyer, after making payment for an item, fails to remove the item within the specified time, MCC 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 MCC assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse MCC for any damage to MCC’s property caused by Buyer’s or Buyer Agent’s removal of auction item(s) from the premises. No maintenance may be performed on MCC property. For additional information, please contact Rich Rumbold, (810) 577-6105, richard.rumbold@mcc.edu.
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, MCC will refund any money paid. The liability of MCC shall not exceed the actual purchase price of the property.
Vehicle Titles. MCC 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. MCC 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, MCC 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*