Saginaw Valley State University
Terms and Conditions of Online Sales
General
Items are offered for sale by Saginaw Valley State University, University Center, Michigan, identified herein as "SVSU". However, a third-party web provider, Public Surplus, LLC, (www.publicsurplus.com) an online auction services contractor, is utilized. Those submitting bids are identified herein as "bidder(s)" or "buyer(s)".
Under no circumstances will SVSU 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 use of the auction web site or any other web site to which the site is linked. The contents 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, even if SVSU has been specifically advised of the possibility of such damages or losses.
SVSU strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, SVSU reserves the right to cancel any sale, even if an award notification email has been received. SVSU cannot and will not guarantee uninterrupted access to the auction system.
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 agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified
Eligibility
A bidder must be a minimum of 18 years old, and be legally able to form binding contracts as a buyer in an auction.
Inspection
Most items offered for sale are used, and may contain defects not immediately detectable. The responsibility to determine the condition of the property rests with the bidder. Prospective bidders are encouraged to inspect the property prior to bidding, and to place bids based solely on their personal inspection and evaluation. Prospective bidders will not be allowed to test, operate, or disassemble any item featured in any auction. SVSU shall have the equipment and/or vehicle(s) available for inspection by appointment only.
Guarantee Waiver
All property is offered for sale "AS IS, WHERE IS." SVSU 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 description of the equipment and/or vehicle(s) offered for sale has been compiled from data available, but there is no guarantee or warranty on the part of SVSU as to condition, quality, or description of the auctioned items.
DETERMINATION OF CONDITION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILITY OF THE BUYER.
Omissions
SVSU is not responsible for any omissions or errors in the description of the equipment and/or vehicle(s) offered for sale.
Consideration of Bid
SVSU reserves the right to award by item, groups of items, or total bid. SVSU reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Each bid is received with the understanding that the acceptance by SVSU of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and SVSU.
Bid/Ownership
At the end of the auction, the highest bidder has entered into a binding contract with SVSU, and is obligated to pay the price bid. Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution or it may other sanctions carried out within the Public Surplus auction "community".
Bid Deposits
Saginaw Valley State 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 10% Buyers Premium 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.
Sales Tax
Any applicable sales (i.e. 6% Michigan sales tax) or use tax will be added to the amount due and will be collected by Public Surplus unless the buyer has provided a valid tax-exempt certificate to Public Surplus prior to payment. If applicable to the transaction, sales tax will be visible during the bidding process and will be included in your payment to Public Surplus.
Notice of Award
Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment
PayMac, a third-party payment processing company, collects and handles ALL payments for Saginaw Valley State University. 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-In-Full is due no later than Five (5) Business Days from the time and date of the Notice of Award.
Partial Payments
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.
Credit Cards
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.
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 valid Drivers License or Government Issued ID to the pick up location. The person releasing the item will require the buyer to show all three documents. The buyer must bring and present these forms of ID to the scheduled pick-up or the auction item(s) will not be released.
2. If you are picking up an item on behalf of someone else, you will need all of the items listed in Pick Up Procedure #1 (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
The 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 (including, but not limited to re-auction or awarding the item to the next lowest bidder).
Successful bidders are responsible for loading and removal of 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 SVSU assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8:15am and 4:30pm Eastern Standard Time, Tuesday through Thursday, excluding legal holidays. For additional information, please contact Joel Kiss, (989) 964-2049, jjkiss12@svsu.edu In the event that you are unable to contact Joel or do not receive a response from her within 48 hours of your initial attempt to contact him, please contact Dave Jerome, 989-964-2008, djerome@svsu.edu
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, SVSU may exercise such rights and may pursue such remedies as are provided by law. If one item goes into default, all items won by the bidder go into default and are subject to resale.
Reproduction of Auction Materials and Resale Items Listed
Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of SVSU. SVSU reserves the right to disallow participation in the online auction by any website user or bidder at any time for violating applicable laws, ordinances, terms and conditions listed here, or for any activity deemed unacceptable by SVSU. Before paying for and taking possession of the items listed for sale by SVSU, successful bidders and website users shall not post or list the same item(s) for sale by any other means. Please be advised that SVSU auction staff reports suspected fraud or criminal activity to the proper authorities.
Indemnification
Buyers agree to indemnify and hold harmless SVSU for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer's use of the property. The buyer, its predecessors, successors, and assigns hereby release, relinquish, and discharge SVSU, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as "SVSU") from any liability arising out of the sale and/or concurrent negligence of SVSU for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of the sale of SVSU owned property.
Applicable Law
Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of Michigan shall govern all matters relating to the use of this auction and purchase of items listed by SVSU on this site. Any contract resulting from this solicitation shall be governed in all respects by the laws of the State of Michigan, and any litigation with respect thereto shall be brought in the courts of the State of Michigan, Saginaw County. The buyer shall comply with applicable federal, state, and local laws and regulations.
Privacy
SVSU gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose. Be advised that the transactions of SVSU auctions are subject to Freedom of Information Act requests.