Incorporation by Reference of User Agreement. These Terms and Conditions are specific to this auction and supplement our standard User Agreement applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent User Agreement 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 User Agreement, these Terms and Conditions shall control. A link to our most current version of User Agreement 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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**TERMS & CONDITIONS**

**TERMS & CONDITIONS**

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.

Guarantee Waiver. Sale of all surplus property is as-is and where-is, without warranty. 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 the University of New Mexico (UNM) as to condition or quality of surplus property. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.

UNM makes no representations or warranties, either express or implied, concerning the condition, merchantability, or fitness for a particular purpose of the property offered for sale.  Buyer agrees to accept the property in the condition existing on the date of acceptance of the offer and acknowledges responsibility itself as to the full condition of the property.

Description Warranty. The University of New Mexico warrants to the Buyer that the property offered for sale will conform to its description. Any claim for mis-description must be made prior to removal of the property. If UNM confirms that the property does not conform to the description, UNM will keep the property and refund any monies paid. The liability of UNM shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.  No refunds or adjustments will be made on any award(s).

Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are strongly encouraged to 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.  All bids are to be offered as if inspection and acceptance of condition have taken place, whether or not a physical inspection has been performed.

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 UNM and GovDeals from liability therefore.

Consideration of Bid. The University of New Mexico reserves the right to reject any and all bids or final offer or any part thereof; and to withdraw from sale any of the items being offered.  UNM also reserves the right to accept the offer that is in the best interest of UNM.

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, unless otherwise indicated in the auction.

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

Buyers Premium. A Buyers Premium of 12.5% will be added to the final sale price which will be visible during the bidding process, and will be included in the final payment.

State Gross Receipts Tax. Buyer is responsible for paying the current rate of 7% New Mexico GRT over the final sell price.  Generally, the University of New Mexico may collect this gross receipts tax, unless the buyer has provided a valid New Mexico tax-exempt certificate prior to payment.  If applicable, the gross receipts tax will be stated during the bidding process and is to be included in your payment. 

Payment.  Payment will be made through GovDeals.com.

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 and Credit Card purchases are limited to below $5,000.00. If the winning bid plus applicable taxes, if any indicated, 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. Buyer must remove auction item(s) within ten (10) business days from the time and date of issuance of the Buyer’s Certificate. 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 in the auction and in the Buyer’s Certificate. The Buyer will make all arrangements, assume any cost of, and perform all work necessary, including weighing, packaging, crating, loading and transportation of the property. Under no circumstances will UNM assume responsibility for packing, loading or shipping. The University may, if requested and personnel and equipment are available, assist the loading with a forklift; however, the Buyer shall completely indemnify and hold harmless the University for such assistance. Additionally, the University shall not be responsible for any damage to the Buyer's property or person(s) while rendering this assistance. 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.

Property may be removed by appointment only. For additional information, please see our Pickup Procedures document.

Title. The University of New Mexico will issue a title (if available) or bill of sale upon receipt of payment which constitutes effective transfer of ownership. UNM shall be released of all claims and liability upon transfer of ownership. Titles or bill of sales may be subject to any restrictions as indicated in the item description on the website. Open titles and bill of sales cannot be issued. UNM 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, UNM may exercise such rights and may pursue such remedies as are provided by law.

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 award to the next highest bidder. Should a buyer not remove awarded auction item(s) within the specified time frame that buyer may be considered disqualified from participating in future auctions.

Governing Law.  The online sale and the resultant sales/purchase agreement will be interpreted and governed by the Laws of the State of New Mexico.

Severability.  If any provision of the resultant sales/purchase agreement is found invalid or unenforceable, the remainder of the agreement will be enforced to the maximum extent permissible and the legality and enforceability of the other provisions of the resultant agreement will not be affected.

Property Disposal. All property acquired through the surplus sales process shall become the responsibility of the awarded bidder unless otherwise disqualified as stated herein and must be disposed of according to Federal, State, Local, DOT, OSHA and Export Control laws. UNM shall bear no responsibility for disposition of this property once it has been received by the awarded bidder.

UNM does not assume any responsibility for injury to anyone or damage to any property which results from removal of the property from the UNM premises, any future use, or the condition of any property sold at this sale.  By participating in this auction, the bidder acknowledges that they shall indemnify, defend, and save harmless the Regents of UNM from any and all claims, demands, suits, actions, proceedings, loss, cost, and damages of any kind, including attorney fees and litigation expenses, which may be brought or made against or incurred by UNM on account of loss of, or damage to, any property or for injuries to, or death of, any person resulting from bidder's removal or use of the property.

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. 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 may override certain sections of the terms and conditions.

Indemnification.  Buyer assumes the entire responsibility and liability for losses, expenses, damages, demands and claims in connection with or arising out of any actual or alleged personal injury (including death), and/or damages or destruction to property sustained or alleged to have been sustained in connection with or arising out of the removal of property purchased by Buyer, her agents, employees, independent contractors, subcontractors or consultants, except to the extent of liability arising out of the negligent performance of the work by or willful misconduct of UNM. In any event, UNM's liability shall be subject to the limitations of the New Mexico Tort Claims Act.  Buyer shall indemnify and hold harmless UNM, its officers, agents, and employees from any and all liability for such losses, expenses, damages, demands, and claims and shall defend any suit or action brought against any or all of them based on any actual or alleged personal injury or damage and shall pay any damage costs and expenses including attorneys' fees, in connection with or resulting from such suit or action.