Incorporation by Reference of Buyer Terms and Conditions. These Terms and Conditions are specific to this auction and supplement our standard Buyer Terms and Conditions applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent Buyer Terms and Conditions which are hereby incorporated by reference into these Terms and Conditions specific to this auction. In the event of a conflict between these Terms and Conditions specific to this auction and our standard Buyer Terms and Conditions, these Terms and Conditions shall control. A link to our most current version of Buyer Terms and Conditions can be found on the Site Map which can be accessed at the bottom of each page on our marketplace website.

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Old Dominion University

Norfolk, Virginia

 

Online Sales – Terms and Conditions

          Any conflict between the Special Instructions, the Auction Description, and the Terms and Conditions, the Terms and Conditions shall take precedent.

 

Acceptance of Terms and Conditions: All bidders and other participants of this auction agree that they have read and fully understand these terms and conditions, and agree to be bound thereby.  Bidders shall be aware that the University reserves the right to apply GovDeals auto-extension to any auction it deems necessary. For further details, bidders should ‘click’ “extension” to become familiar with and understand the auto-extension provision.

 

Guaranty Waiver.  All property is offered for sale “AS IS, WHERE IS.”  Old Dominion University, Property Control (Seller) 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.  Those submitting bids are expected to examine the property and determine for themselves the information they desire concerning it.  The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect, or consequential.

 

Description Warranty. The description of property offered for sale has been compiled from available data, but there is no guaranty or warranty on the part of the University as to condition or quality, or that the property offered or a portion thereof may not be withdrawn prior to the sale. No service of any kind can be furnished by the University and any cost of weighing, packaging, crating, loading, or hauling shall be assumed by the bidder unless otherwise indicated. Bidders are invited and urged to inspect the property before submitting their bid. The responsibility as to the condition of the property rests with the bidder. Under no circumstances will a refund or adjustment be made on account of property not coming up to the standard expected, nor will failure to inspect be considered grounds for such claim. Please note that upon removal of the property, all sales are final, no refunds, no returns, and no exchanges. 

 

Personal and property risk.  Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the seller and GovDeals from liability therefore.  The purchaser is to assume all liability for the property after the award is made. The University will exercise its usual care for protection up to the time of removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to full payment of the purchase price.

Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders may inspect the property prior to bidding.  Property may be inspected between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding legal holidays. 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. Old Dominion University reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

 

Buyer’s Certificate.  Successful bidders will receive a Buyer’s Certificate by email from GovDeals.

 

Processing Fee: A processing fee equal to 12.5% of the auction amount will be incurred by the buyer and must be submitted as payment, along with the bid amount. 

 

Sales Tax Fee: A sales tax fee equal to 6% of the auction amount will be incurred by the buyer and must be submitted as payment, along with the bid amount. EXCEPTION: In order for the sales taxes to be removed from the Bill of Sales, the successful bidder must provide a valid Virginia state sales tax-exempt form with required signature and tax exempt number within 24 hours of the auction close date and before payment is made.

 

Payment.   Payment must be made online pending bid approval by Seller.  To make online payment – Log into your GovDeals account and select “My Bids”.  You may follow the instructions there.  Payment in full is due not later than 5 business days from the time and date of the Buyers Certificate.  Payment must be made electronically through the GovDeals Website. Acceptable forms of payment are:  PayPal, Wire Transfer, Visa, MasterCard,  American Express, Discover.   NO CASH, CHECKS, OR MONEY ORDERS.

PayPal and Credit Card purchases are limited to below $5,000.00.  If the winning bid, including any and all applicable taxes and the buyer's premium, equals more than $4,999.99, PayPal and Credit Cards may not be used. If Wire Transfer is chosen, a Wire Transfer Transaction Summary page will provide payment and account information.  The Wire Transfer must be completed within 5 days.

 

Removal.  All items must be removed within 10 working days from the time and date of issuance of the Buyer’s Certificate.  Purchases will be released only upon receipt of payment as specified.  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 Buyer’s Certificate.  The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will Old Dominion University assume responsibility for packing, loading or shipping.  Property may be removed between the hours of 9:00a.m. and 4:00p.m., Monday through Friday, excluding University holiday’s.  Please contact in advance to schedule time for pick-up. For additional information, please contact Property Control Warehouse, (757) 683-4810, fsamuel@odu.edu.

**The Buyer’s Certificate serves as Proof-of-Purchase and must be presented at the time of item removal.** If using a 3rd-Party agent; Buyer must provide agent with a faxed copy including their signed authorization to release their items. Buyer must notify Seller if using a Third-Party Agent.

The successful bidder must assume all liability that may be incurred in connection with the removal of the property from the premises.  If the purchaser does not remove the property purchased within the specified number of days after date of the award on the Buyer’s Certificate, the University will charge storage charges of $20 plus a $1 per day per miscellaneous item and $20 plus $10 per day per vehicle for a period of 5 business days.

 

Vehicle Titles. Old Dominion 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. Old Dominion University will not issue replacement titles.

 

Default.  If Buyer fails to comply with this requirement within the stated time frame, the Seller can declare Buyer in default, bar them from further bidding and have them removed from the GovDeals system.  If Buyer is in default, Seller may negotiate with next closest bidder, re-list at another auction and/or pursue all legal proceedings.  All monies collected in escrow, will be deducted from total monies due at time of final payment.  

 

Authority to Restrict or Suspend:  Current and future participation in public auctions is subject to the laws governing removal and suspension.  The Director of the Department of Materiel Management may restrict or suspend any person or firm from participation in the public sale of state-owned property who fails to complete transactions from bid.    Reasons for removal or suspension include, but are not limited to the following reasons:

1.      Failure to pay for all items awarded.

2.      Failure to remove all items awarded and paid for from state property with the time allowed.

 

Sales to Employees.  Any person, whether an employee of the University, its school system, or otherwise, may purchase goods at public auctions and/or sealed bids as long as the purchase price does not exceed $500.00. No employee, or any member of his/her immediate family, may purchase any item originating from within the department or agency they work for. 

 

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.