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 Utah
University Surplus and Salvage
On Line Auctions - Terms and Conditions



1. Payment in full is due to the University of Utah (SELLER) no later than five (5) working days from the date and time of issuance of the Notice of Award. Payment will be received by the SELLER at the University of Utah, University Surplus and Salvage Department, 2110 East Stover Street, Salt Lake City, Utah 84113-4500. Telephone 801-581-7917. Payment methods allowed are VISA, MasterCard, Discover or Cash.

2. Successful Bidder(s) agree to remove the purchased property from its present location within ten (10) working days from the date and time of issuance of the Notice of Award. Successful Bidder(s) agree not to remove property from its present location prior to making payment in full to the University of Utah as in paragraph one (1).

3. Successful bidders will receive Notice of Award by Email from the University of Utah, University Surplus and Salvage Department, Manager, Supervisor or Storekeeper.

4. The Buyer may inspect property on bid. The Property is available for inspection at the University of Utah, University Surplus and Salvage Department, 2110 East Stover Street, Salt Lake City, Utah 84113. Telephone: (801) 581-7917. Hours Monday-Friday 8:00 a.m. - 5:00 p.m. Closed Holidays. http://fbs.admin.utah.edu/surplus

5. Applicable State of Utah and local sales tax will be collected, by the University of Utah, on property sold.

6. All Property is offered for sale "as is, where is." The University of Utah makes no expressed or implied warranties or guaranties and no representation of any kind, as to the merchantability, safety, condition, quality or fitness of the property offered for sale for any purpose. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.

7. The University of Utah warrants to the Buyer that the property offered for sale will conform to its description. Any claim for description error must be made prior to removal of the property. If the University of Utah confirms that the property does not conform to the description, the University of Utah will keep the property and refund any money paid for the property. The liability of the University of Utah shall not exceed the actual purchase price of the property. Upon removal of the property, all sales are final.

8. Indemnification: (A) The BUYER shall hold harmless, defend and indemnify the SELLER and its officers, employees, and agents from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorney's fees because of bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (1) performance or breach of this agreement by the BUYER, (2) BUYER'S use of the SELLER'S premises, or (3) any act, error, or omission on the part of the BUYER or its agents, employees, guests, invitees or subcontractors except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the SELLER, its officers, employees or agents. (B) The BUYER agrees to defend, indemnify and hold the SELLER and its officers, employees, and agents harmless from any liability, costs, damages or expenses whatsoever including reasonable attorney's fees arising out of the BUYER'S disassembly, removal, packing, loading, unloading, transportation, use, storage or disposition of the property on this bid. (C) Under no circumstances will the University of Utah, its officers, employees and agents 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 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, operating systems or information even if the University of Utah has been specifically advised of the possibility of such damages or losses.

9. It is the BUYER'S responsibility to absorb all dismantling, loading, unloading, transportation, freight, packing, handling and any other charges incident to the removal, receiving and shipment of this property at no cost to the SELLER.

10. The BUYER agrees that they will not allow, through either themselves or any agent or contractor hired by them, any damage to University building(s) or to any University property resulting from the removal or transportation of the equipment. In the event such damage occurs, the BUYER agrees to pay the University the cost of repair of such damage immediately.

11. The University of Utah reserves the right to add or withdraw property from this sale without notice.

12. The University of Utah reserves the right to accept or reject any or all bids for any reason and or to waive any technicality in the interest of the University.

13. The University of Utah reserves the right to select and sell to the next highest bidder if any of the terms of a bid are violated or sell the property in such a manner as the University of Utah may elect if any of the terms of a bid are violated.

14. The University of Utah reserves the right to sell to the highest bidder, relist property for bids, remove property from bids, or sell the property in such a manner as the University of Utah may elect if the reserve price is not met at the closing date and time of a bid.

15. Default may result in termination of the contract and suspension from participation in all future sales until default has been cleared. SELLER has all rights, title and interest in and to such property to which default has occurred. Default shall include (A) failure to observe these terms and conditions; (B) failure to pay by time specified in these terms and conditions; (C) failure to remove all property within the time specified in these terms and conditions. Notice of Default will be sent by Email from the University of Utah, University Surplus and Salvage Department, Manager, Supervisor or Storekeeper.

16. The Bidder warrants that he or she is not less than 18 years of age.

17. Property purchased from the SELLER may or may not be authorized for export from the United States to a foreign country. If export, is allowed, the BUYER is solely responsible for obtaining all required clearances or approvals, proper labeling, proper handling and complying with all applicable export control regulations. If export, is not allowed the property purchased will remain in the United States and or its possessions.

18. By submitting a bid, the Bidder agrees that they have read, understand, and accept these Terms and Conditions of University of Utah, University Surplus and Salvage, On Line Auctions - Terms and Conditions.

19. The terms and conditions of this agreement shall be construed and interpreted under the laws of the State of Utah and enforced by the courts of the State of Utah. The Buyer shall comply with applicable federal, state, and local laws and regulations.