Event Name: InterTek Pharmaceutical Services
Auction Starts: January 18, 9:00 A.M. PDT
All lots are sold as-is. Sales are final, and bidders are responsible for shipping and packaging costs or logistics (BioSurplus offers shipping solutions, please call for details).
Buyer's Premium Fee: 18% - this industry standard auction fee is based on the hammer price of the lot and applied to your final invoice (read below Auctioneer’s Terms and Conditions of Sale for details).
Auction Location: All items in this auction are located at:
BioSurplus San Diego
10805 Vista Sorrento Pkwy #200
San Diego, CA 92121
Notes from the Auction Team: As with all BioSurplus auctions, items are sold as-is, and are not tested prior to fulfillment. There is an intrinsic risk in purchasing items from auction, so please bid only as you are comfortable. Items are, however, described to the best of our knowledge, and we will make reasonable accommodations to provide you necessary information to ensure you are comfortable with your bid.
Thank you for registering for this auction. By bidding or otherwise participating in this auction you agree to be bound by the terms and conditions set forth herein (the “Specific Auction Terms”). You are also bound by the general terms and conditions for use of the BioSurplusBid.com website (the “Site”), to which you have already agreed (the “General Terms”). Pursuant to the General Terms, these Specific Auction Terms are incorporated into and made a part of the General Terms and, in the event of a conflict between the General Terms and these Specific Auction Terms, these Specific Auction Terms shall control.
Notice to Purchasers
Equipment Inspection Availability: Items are not available for viewing in accordance with social distancing best practices. Contact 858-550-0800 x222 or firstname.lastname@example.org for further details or with any questions about the items. We will do our best to provide information regarding the items. We cannot guarantee that last minute questions will be answered.
Buyer's Premium Rate: 18% or hammer / bid price, added to final invoice.
Payment Due Date: Three business days immediately following date Auctioneer issues invoice, unless otherwise agreed to by Auctioneer at its full discretion
Acceptable Forms of Payments: Full payment required prior to delivery or customer pickup
No warranties are provided with respect to assets sold at auction. All items are sold AS IS, WHERE IS AND WITH ALL FAULTS, AND NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM. FURTHER, AUCTIONEER AND THE SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
· Pickup period commences two business days following the auction and ends 6 business days following the auction (unless extended by the Auctioneer, at its sole discretion). All equipment must be removed by June 30.
· Buyer has sole responsibility for equipment pickup (read below Auctioneer’s Terms and Conditions of Sale for details). Buyer may elect to contract the Auctioneer to package and ship items under a separate invoice. Please contact BioSurplus at 858-550-0800 x222 or auctionsupport@BioSurplus.com for further details or to receive a quote. Buyer has two business days to accept shipping quotes.
· Full payment is required prior to customer pickup or shipment (as set forth herein)
Sales/Use Tax: Various tax rates to be applied based on applicable federal, state and local regulations.
Auctioneer’s Terms and Conditions of Sale
1. BioSurplus, Inc., a California corporation (“Auctioneer”), owns and operates auctions.BioSurplus.com and conducts all auctions on or related to such websites. The services provided by Auctioneer for this auction, as well as the sales terms for assets purchased at this auction, are governed by these Specific Auction Terms. By bidding or otherwise participating in this auction, you consent to be bound by these Specific Auction Terms, as well as by any additional terms that may be imposed by the Auctioneer and/or announced at the auction. Any announcements made on the day of the auction take precedence over catalog or other previously announced or documented information, but do not alter in any way the basic terms and conditions of sale as set forth herein.
2. The items sold at this auction (each, an “item,” “asset,” “equipment” or “lot”) are either owned by the Auctioneer or being sold by Auctioneer pursuant to an agreement between Auctioneer and a third-party seller. The term “seller” as used herein means the owner of the applicable item being sold, whether Auctioneer or a third-party seller. The term “buyer” or “bidder”, as applicable, refers to you.
3 All potential buyers must register online at auctions.BioSurplus.com and agree to be bound by the General Terms. Auctioneer may, in its sole discretion, deny registration to any person or entity.
4. All assets in the auction shall be sold to the highest bidder; provided, however, that some assets may be auctioned with minimum reserve prices, and/or subject to the seller’s right of confirmation. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer, may bid at the auction either for its own account or on behalf of a third party. In the event of a dispute among bidders, Auctioneer may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns, refunds or exchanges will be permitted.
5. Auctioneer reserves the right to group, reduce, add to or delete lots. In the event there is a dispute between two or more claims of entitlement as to the successful bidder or concerning the winning bid price for an asset, the record kept by the Auctioneer shall control. The aforementioned notwithstanding, Auctioneer in its sole discretion reserves the right to re-auction the item in dispute or make determination as to the winning bidder.
6. The bidder’s number/paddle or other identifier is non transferable. All bids made by the holder of the number/paddle or other identifier will be the responsibility of the buyer. A successful bid at auction constitutes a legally binding contract of sale. All sales are final.
7. Bidders shall examine, inspect or inquire about items prior to the day of the auction. Unless otherwise indicated by the Auctioneer at the auction, ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS, AND NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM. FURTHER, AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. The applicable manufacturer of each item retains all right, title and interest in and to all intellectual property, including but not limited to any patents, copyrights, trademarks, software, trade names or the like, associated with the item(s) (“Technology”). No transfer of ownership or title in the Technology is made by the sale of such item(s) to buyer or any third party. The sale of any item will not be construed as granting to buyer any license or other right to (a) apparatus, software, or circuits in which the item(s) or parts thereof may be used, (b) a process or machine in connection with which they may be used, or (c) the process for their manufacture. Buyer is solely responsible for obtaining the requisite software license(s) from the equipment manufacturer(s) or qualified agent.
9. Any and all modifications, enhancements, improvements, error corrections and bug fixes made by buyer with respect to an item shall be the sole and exclusive property of the applicable manufacturer of such item unless otherwise determined by law.
10. Buyer shall not reverse engineer, reverse compile or reverse assemble the item(s) or software contained therein, in whole or in part, without the consent of the applicable manufacturer(s).
11. Auctioneer relies on information about assets in the auction provided by the seller. Auctioneer undertakes no investigation of that information and makes no representation or warranty concerning the truth or completeness of that information, even if Auctioneer has inspected or repaired assets prior to auction. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inquire about all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.
12. A “Buyer’s Premium” equal to the Buyer’s Premium Rate multiplied by the winning bid price will be added to the winning bid price for each lot and is payable to the Auctioneer as provided above. As used herein, the term “purchase price” includes the Buyer’s Premium, sales tax and any other applicable charges.
13. Collection of applicable taxes will be in accordance with the laws of the jurisdiction in which the purchased asset is located. Resellers must provide a VALID, LOCAL resellers certificate in order to waive sales tax. Resellers not required to hold sales permits in the state where the auction is being held must provide written certification to that effect to be exempt from sales tax. OUT-OF STATE SHIPMENTS will be exempt from sales tax only if shipped directly from the auction site and a BILL OF LADING is provided at the time of removal. All claims for sales tax exemption must be made at the time of payment. Sales tax will not be refunded once purchases have been removed from the auction site.
14. Auctioneer may at its sole discretion require the bidder to pay a non-refundable deposit towards the purchase price equal to (i) the full purchase price up to $5,000 or (ii) 25% of the purchase price, whichever is greater, at any time following the successful bid. After a successful bid, the bidder authorizes the Auctioneer to use the bidder's credit card information, if any, previously submitted to the Auctioneer to satisfy the deposit amount. If bidder fails to comply with any applicable condition (including without limitation making a timely deposit and/or paying the full purchase price by the time specified in the Notice to Purchasers set forth above), then, in addition to any other remedies available to Auctioneer, including without limitation, the right to hold buyer liable for the total purchase price (including the Buyer’s Premium), Auctioneer may, at its sole option without notice or buyer’s approval, (a) cancel the sale, retaining all payments made by buyer, and/or, (b) resell the item(s) directly to a new buyer at a price solely determined by Auctioneer and the new buyer, and/or (c) resell the item(s) at public auction with or without reserve, and/or (d) report any non-payment to the credit bureaus. In any event buyer will be liable for the cost of removing and reselling the abandoned item(s), for any deficiency between buyer’s original purchase price and subsequent resale price, for the original Buyer’s Premium, and all other expenses related to the disposal of the abandoned property.
15. Full payment of the purchase, packaging, and/or shipping price is due prior to the delivery or pick-up of any purchased assets. In the event that a bidder fails to pay the entire purchase price within the time specified herein or otherwise fails to comply with these General Terms, Auctioneer and/or the seller will retain the deposit as liquidated damages. The parties agree that the amount retained as liquidated damages is reasonable under the circumstances. Auctioneer and the seller reserve the right to resell such items without notice, and the defaulting buyer shall be liable to Auctioneer and seller for any resulting deficiency, including costs incurred in storing and reselling such assets.
16. Auctioneer accepts methods of payment as set forth in the Notice to Purchasers above. Auctioneer may (at its sole discretion) elect to accept other forms of payments from a given bidder on a case-by-case basis.
17. By participating in an auction, each bidder represents, warrants and covenants that (i) such bidder shall not misrepresent such bidder’s ability to close the transaction pursuant to the terms and conditions of sale, (ii) such bidder has the capacity to close the transaction, (iii) such bidder has actual authority to enter a bid, and to enter into an agreement to purchase the item, and (iv) any bid such bidder makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid plus the Buyer’s Premium.
18. Auctioneer may, in its discretion, offer the assets for sale by the piece or by the lot. In addition, Auctioneer may augment an auction with assets from Auctioneer and/or from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser’s sole remedy shall be the refund of any purchase price actually paid.
19. Auctioneer will announce any additions to or deletions from the catalog on the day of the auction. Auctioneer and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders’ obligation to verify such descriptions prior to the auction.
20. Neither Auctioneer nor any seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction.
21. A winning bidder shall not be permitted to pick up purchased items during the auction sale. Unless otherwise agreed to by the Auctioneer in its sole discretion, the period for picking up purchased items is set forth in the Notice to Purchasers. All purchases must be paid in full (and must clear the Auctioneer's bank account if paid by unguaranteed company check) before items will be released from the premises. Buyer is solely responsible for checking and confirming quantities before removal of purchases. No allowances will be made for claims or shortages once items are removed from the Auction premises. Unless otherwise specifically agreed to in writing by the Auctioneer, the buyer shall be solely responsible for:
a. Disconnecting utilities to the purchased items, including electric, gas, waste and water lines;
b. Arranging and paying for removing, packaging and shipping purchased items. In the event the buyer elects to have Auctioneer remove, pack or ship purchased items, the buyer fully indemnifies Auctioneer against any uninsured loss or damages that may occur.
c. Providing any and all personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitations, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnection, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of buyer or any buyer's employees, agents and/or representatives during pick-up and removal.
d. Providing and/or ensuring that their agent(s) performing removals on their behalf provide, upon demand, evidence of insurance policies with reliable insurance companies, providing the types of coverage and in the amounts that Auctioneer requires and such other insurance as may be required by any governmental authority, including workers' compensation insurance.
e. Removing items responsibly and with due care for the seller's or Auctioneer’s premises, as applicable. Auctioneer reserves the right on any sale to require that any or all buyers utilize the services of an Auctioneer-approved professional mover/shipper/rigger. The buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the buyer does not remove an item within the announced check-out period, Auctioneer and the seller may, in their sole discretion, deem the item to have been abandoned by the buyer and the buyer will have no further rights with respect to the item. Notwithstanding the foregoing, Auctioneer and the seller reserve the right to charge the buyer for the costs of storage beyond the check-out period.
f. Providing evidence that buyer or buyer’s representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations, in the event purchased items contain any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever. Auctioneer, its agents or representatives will not be responsible for its containment, storage or removal.
22. Bidders acknowledge that an auction site or the seller’s site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such a site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Bidders shall advise their agents and employees. No person shall have any claim against Auctioneer, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at such site.
23. It is the buyer’s sole responsibility to meet all governmental safety and environmental standards in removing, shipping and using purchased items. Certain of the items for sale may contain “hazardous substances,” as that term is defined under federal, state or local environment laws and regulations. Auctioneer has no duty to remove any hazardous substances that are contained in or are a part of any item. Buyers agree to defend (by counsel satisfactory to Auctioneer) and indemnify Auctioneer and hold Auctioneer harmless from and against any claim, demand, cause of action, liability or expense (including attorneys’ fees and costs) asserted against or incurred by Auctioneer in connection with the sale, removal, shipment or use of any purchased items.
24. Buyers agree to comply with all US export control and related laws, and acknowledge that the Auctioneer is not the exporter of any purchased item. Certain items offered for sale at the auction may constitute “Restricted Technology.” Under federal law, such items may not be shipped outside of the United States. Auctioneer makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology. Seller reserves the right to cancel any sale at any time in the event it determines, in its sole discretion, that the sale does or may violate applicable U.S. export control or similar laws.