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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University of Wisconsin-Madison

 

Verona, Wisconsin

 

Online Sales - Terms and Conditions

 

All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.

 

Guaranty Waiver.  All assets are offered for sale “AS IS, WHERE IS.”  University of Wisconsin-Madison Surplus With A Purpose (SWAP) (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.  The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential.  the entire risk as to the quality and performance of the equipment/material/item(s) being sold is with the buyer.

 

Description Warranty. Seller warrants to the Buyer the property offered for sale will conform to its description.  Any claim for misdescription must be made prior to removal of the property.  If Seller confirms the property does not conform to the description, Seller will keep the property and refund any money paid.  The liability of the Seller shall not exceed the actual purchase price of the property.  Please note upon removal of the property, all sales are final.

 

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.

 

Inspection.  Most assets 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 asset description. See special instructions on each asset page for inspection details.

 

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed.

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

 

Payment.  Payment in full is due not later than 5 business days from the time and date of the Buyer’s Certificate.  Acceptable forms of payment are:

·      U. S. Currency

·      Certified Cashiers Check

·      Money Order

·      MasterCard

·      Visa

·      Company Check (with Bank Letter guaranteeing funds – mandatory)

Checks shall be made payable to: UW SWAP.  Payments shall be made at the location listed in the Buyer’s Certificate.

 

Removal.  All assets must be removed within ten (10) business 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 of 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 unless Seller agrees to other arrangements listed in the special instructions appearing on the asset page.  See special instructions on each asset page for removal details. A daily storage fee of $10.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

 

Vehicle Titles. Seller will issue a title or certificate upon receipt of payment.  Titles may be subject to restrictions as indicated in the asset description on the website.

 

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 assets 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, Seller may exercise such rights and may pursue such remedies as are provided by law.  Seller reserves the right to reclaim and resell all items not removed by the specified removal date.

 

Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are displayed at the top of each page of each asset listed on GovDeals. Special Instructions appearing on the asset page will override certain sections of the terms and conditions.  These terms and conditions along with any special instructions appearing on the asset page set forth the entire understanding and agreement between bidder or Buyer, as applicable, and Seller.

 

State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed.  Sales for delivery in Wisconsin are subject to 5.5% sales tax.   Proof of tax exemption certificates must be provided with payment for all tax-exempt requests with delivery in Wisconsin.

 

Sales to Employees.  Employees of the Seller may bid on the property listed for auction, so long as they do NOT bid while on duty. 

Applicable Law: Any contract resulting from use of these services shall be governed under the laws of the State of Wisconsin.

Quantities: Seller reserves the right to increase or decrease quantities or cancel any auction without notice.

Indemnity/Hold Harmless: The Buyer agrees to indemnify and hold the Seller, its officers, agents and employees harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description including attorney’s fees, or damages to persons or property (including death) arising out of or in connection with or occurring from use of the product purchased, howsoever caused or Buyer’s violation of any applicable law.   Buyer acknowledges they have been advised if applicable that the equipment may contain residual hazardous substances and accepts all risk and liability associated with the use and ultimate disposal of product.

Legal Compliance:  Buyer shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of this service and Buyer’s bidding on, purchase and solicitation of offers to purchase.

Insurance Responsibility: Any Buyer removing equipment from a facility other than Seller’s facility located at 1061 Thousand Oaks Trail, Verona, Wisconsin will be required to maintain, during the life of this agreement, Worker's Compensation Insurance for all employees engaged in the work and Commercial General Liability (Bodily Injury and Property Damage) insurance against any claim(s) which might occur. Minimum coverage for commercial general liability is $1,000,000 combined single limit.   Higher limits may be required under special conditions, and where requested must be complied with by Buyer as a condition of this agreement.

Cancellation: Seller reserves the right to cancel any agreement(s) resulting from this auction in whole or part without penalty due to non- compliance with Standard Terms and Conditions.

Enforceability:  If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Seller’s failure to act with respect to a breach by bidder or Buyer does not waive Seller’s right to act with respect to subsequent or similar breaches.