Print   Close
seller logo
S:.PDF

TERMS AND CONDITIONS FOR SURPLUS SALES AT TEMPLE UNIVERSITY

The following terms and conditions (“Terms & Conditions”) apply to all bids you (“Buyer”) make or will make with respect to any property offered for sale or donation by Temple University on GovDeals.com.  By entering a bid, you agree that you have read and fully understand these Terms & Conditions and agree to be bound hereby with respect to all bids for Products (as that term is defined herein below) for auction by Temple University.  Your agreement to these Terms & Conditions is a condition precedent to your bid.  If you win the bid, these Terms & Conditions, and all other terms and conditions that may appear on the GovDeals.com Product description page (the “Product Page”) and on the Buyer’s Certificate issued by GovDeals, if any, shall become a binding contract (collectively, the “Agreement”) between you and Temple University.

 

1.     Product Sale. Such goods, material, chattels, equipment, machinery, manufactured articles, merchandise, fixtures, products, appliances, plant and any other items as are listed on the Listing of Product attached hereto as Exhibit A shall be referred to as the “Product.” The Product may be referred to in the singular, whether it encompasses one or more things. Subject to these Terms & Conditions, Seller hereby donates the Product to Buyer for no compensation, or, if a purchase price is stated on the Buyer’s certificate, Seller hereby sells the Product to Buyer for the stated purchase price plus any other fees imposed by GovDeals.com. Buyer agrees and acknowledges that if Seller were required to incur or assume the possible risk and cost of liability associated with the Product or Buyer’s acceptance, ownership or use of the Product, Seller would require payment of substantial funds in return for its conveyance of the Product to Buyer.  Seller is not obligated to provide any delivery, installation, customization, training, support or maintenance of or for the Product

 

2.     Inspection.   Most Products offered for sale are used and may contain defects not immediately detectable.  Buyer may inspect the Product prior to bidding.  Buyer must adhere to the inspection dates and times indicated on the Product Page. See instructions on each Product Page for inspection details.

 

3.     Buyer Representations.  Buyer represents the following: (i) Buyer has thoroughly inspected the       Product, (ii) Buyer has found the Product acceptable for its purposes, (iii) Buyer assumes the risk of any defects, deficiencies or other condition of the Product, whether patent or latent and (iv) Buyer accepts the Product in “as is” condition.

 

4.     Buyer Responsibilities.  Without in any way limiting or qualifying Buyer’s representations and obligations or Seller’s disclaimers under this Agreement, Buyer expressly acknowledges that it is responsible for (a) delivery and installation of the Product, (b) Buyer's incorporation, attachment or otherwise engagement of any attachment, feature or device to the Product, or any part thereof; (c) any accident; transportation, neglect or misuse, alteration, modification, or enhancement of the Product by Buyer; (d) failure to provide a suitable installation environment, (e) use of supplies or materials not meeting applicable standards and requirements for the Product, or (f) use of the Product for other than the specific purpose for which the Product is designed.

 

5.     Warranty Disclaimer.  THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND SELLER EXPRESSLY DISCLAIMS, AND BUYER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER DOES NOT REPRESENT OR WARRANT THAT: (i) THE PRODUCT WILL MEET BUYER'S REQUIREMENTS, (ii) THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) ERRORS IN THE PRODUCT WILL BE CORRECTED, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR (v) THE QUALITY OF THE PRODUCT OR ANY WORK PRODUCT RESULTING FROM USE OF THE PRODUCT WILL MEET BUYER’S EXPECTATIONS.

 

6.     Limitation on Damages.  SELLER SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR PROFITS WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT IN ANY WAY LIMITING OR QUALIFYING BUYER'S REPRESENTATIONS AND OBLIGATIONS OR SELLER'S DISCLAIMERS UNDER THIS AGREEMENT, THE LIABILITY OF SELLER TO BUYER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, MISREPRESENTATIONS AND OTHERTORTS. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS BETWEEN THE PARTIES OF PRODUCT AND SERVICE NONCONFORMITY AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AND OTHER APPLICABLE LAWS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES SET FORTH HEREINABOVE.

 

7.     Indemnity.  To the fullest extent permitted by law, Buyer shall indemnify, defend and hold harmless Seller from and against all claims, damages, liabilities, losses and expenses, including but not limited to, attorneys' fees, arising out of or resulting from, in whole or in part, the Product or the delivery, installation, use or performance thereof. In any and all claims against Seller by any employee of Buyer or anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Buyer or other party under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.

 

8.     Miscellaneous.  This Agreement comprises the entire agreement between the parties regarding the subject matter hereof and supersedes and merges all prior proposals, understandings and all other agreements, oral and written between the parties relating to this Agreement. This Agreement may not be modified or amended except in a writing signed by both parties with specific reference to this Agreement. This Agreement supersedes and takes precedence over any purchase orders, letters, or other documents or terms contained therein that may be inconsistent with this Agreement. To the extent of any conflicting terms contained in the Terms & Conditions, and the Product Page or Buyer’s Certificate, these Terms & Conditions shall prevail and control.  This Agreement will be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between Licensor and Buyer. Neither party, by virtue of this Agreement, is authorized as an agent, employee, or legal representative of the other. Except as specifically set forth herein, neither party shall have the power to control the activities and operations of the other and their status is, and at all times will continue to be, that of independent contractors. Buyer may not assign its rights or obligations under this Agreement. If any part of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected. Failure by either party to exercise any right or remedy under this Agreement shall not constitute a waiver of that or any other right or remedy. The headings used in these Terms & Conditions are for convenience only and are not intended to be used as an aid to interpretation. This Agreement shall governed by the laws of the Commonwealth of Pennsylvania be deemed to have been executed in the Commonwealth of Pennsylvania and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts or choice of laws provisions. The parties hereby consent to the jurisdiction of the courts of the Commonwealth of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania for the purpose of any action or proceeding brought by either of them in connection with this Agreement. Buyer shall be responsible for Licensor's reasonable attorneys' fees associated with the enforcement of this Agreement.

 

9.     Buyer’s Premium.  If a Buyer’s Premium is shown on the auction page bidder box, then that amount (expressed as a percentage of the final selling price) will be added to the final selling price of all Products purchased in addition to any taxes imposed.

 

10.   Payment. 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

 

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.

 

11.   Removal.  All Products 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 Products 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 Seller assume responsibility for packing, loading or shipping.  See instructions on each asset page for removal details. A daily storage fee of $10.00 may be charged for any Product not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

 

12.   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.