University of Texas A&M - Kingsville
Terms and Conditions
General. All property is offered for sale "AS IS, WHERE IS." Texas A&M University - Kingsville makes no warranty, guarantee or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The University is not responsible for any omissions or errors in the description of the equipment and/or vehicle(s) offered for sale. The sale of the equipment and/or vehicle(s) will be to the highest responsive and responsible Bidder. Notification will be provided by Public Surplus via e-mail to the selected bidder. Taxes are the successful Bidder's responsibility and will be added to the cost of any purchased property. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential. The description of surplus property offered for sale has been compiled from available data, but there is no guarantee or warranty on the part of Texas A&M University - Kingsville as to condition or quality. The University reserves the right to withdraw any items being offered. Texas A&M University - Kingsville will furnish no services of any kind to the bidder for any and all costs associated with shipping including but not limited to packaging, crating, loading, insurance, and freight unless otherwise indicated. Note: No refunds or adjustments will be made on any award(s).
Items are offered for sale using the services and Web site of Public Surplus (www.publicsurplus.com). Under no circumstances will the University 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 content 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 the University has been specifically advised of the possibility of such damages or losses.
BE ADVISED THERE ARE NO EXPESSED OR IMPLIED WARRANTIES ON ANY ITEMS LISTED
Please note that upon removal of the property, all sales are final.
LIABILITY AFTER AWARD: The purchaser shall assume all liability for the property after the award is made. The University will exercise its normal care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to making full payment.
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. VIEWING of bid items will be by appointment only and prior to the auction closing date. Bidders should avail themselves of the opportunity to view bid items.
Bids. Bids submitted shall remain firm for a period of five (5) days following the closing date. The successful bidder will be required to remit payment within five (5) working days and remove the property within ten (10) days from date of notice of award. Upon payment of the bid amount the successful bidder will be directed to the UniversityÃ*s storage facility for pick-up of property. Pick-up will be by appointment only.
Texas A&M University - Kingsville reserves the right to reject any and all bids and to withdraw from sale any of the items listed. The University reserves the right to set a minimum bid on any item. The University further reserves the right to advertise for new bids if, in the judgment of the University, the best interest of the University will be promoted thereby.
Payment. PayMac Inc. a third-party payment processing company, receives all payments for Agency name. 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 $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 Agency name 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). It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.
Bid Deposits. Texas A&M University - Kingsville 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. The deposit will be retained if the winning bidder defaults.
Buyers Premium: A 10% Buyer Premium shall 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. Texas A&M University - Kingsville will collect sales tax on non-vehicles if applicable, unless the buyer has provided a valid tax-exempt certificate to Texas A&M University - Kingsville prior to payment.
Removal. All items must be removed within Ten (10) working days from the time and date of issuance of the Notice of Award. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal of any and all property awarded to them. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Texas A&M University - Kingsville assume responsibility for packing, loading or shipping. Property may be removed (by appointment only) between the hours of 8:30am and 4:30pm, Monday through Friday, excluding legal holidays. For additional information, please contact Texas A&M University-Kingsville Property Manager at (361) 593-2713 or by email to karm0fa@tamuk.edu.
Vehicle Titles. Texas A&M University - Kingsville will provide 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. Texas A&M University - Kingsville 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, the University may exercise such rights and may pursue such remedies as are provided by law. If the purchaser fails to pay for the property within five (5) days, the surplus property purchased may be promptly re-sold in such manner as the University may elect and the defaulting purchaser charged with any loss or additional cost incurred.
Applicable Law. Any contract resulting from this solicitation shall be governed in all respects by the laws of the State of Texas and court of venue shall be Kleberg County, Texas. The buyer shall comply with applicable federal, state and local laws and regulations.
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.