Terms and conditions
Event Terms and Conditions
Event Name: Elan Surplus Lab Equipment Auction
Auction Starts: January 26, 2012, 07:00 A.M., PST
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: January 19, 20, and 24, 2012, 10AM to 4PM. Contact 858-550-0800 x222 or auctionsupport@BioSurplus.com for further details. Equipment is in San Francisco, CA.
Buyer's Premium Rate: 15% (read below Auctioneer’s Terms and Conditions of Sale for details)
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
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Acceptable?
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Payment Method
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U.S.-Based
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Outside U.S.A
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Cash
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No
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No
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Wire Transfer
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Yes
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Yes
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Cashier’s check
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Yes
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No
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Company Check
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Yes, if:
1. Auctioneer approves check; and
2. Check clears Auctioneer’s bank account prior to equipment pick-up or delivery
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No
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Visa, Mastercard, AMEX
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Yes, if:
1. Total payment is $10,000 or less; and
2. Credit card issued by a U.S. bank
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Yes if total payment is $1000 or less
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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.
Equipment Pickup:
· Pickup period commences one business day following the auction and ends 8 business days following the auction (unless extended by Auctioneer, at its sole discretion). All equipment must be removed by February 21th, no exceptions.
· Buyer has sole responsibility for equipment pickup (read below Auctioneer’s Terms and Conditions of Sale for details). Buyer may elect to contract Auctioneer to package and ship item under 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 quote.
· 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 website. 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 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 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 nontransferable. 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 inspect 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 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 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 anytime following the successful bid. After successful bid, the bidder authorizes Auctioneer to use bidder’s credit card information, if any, previously submitted to 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. 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.
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