UC SAN DIEGO SURPLUS SALES

TERMS AND CONDITIONS

 

Your participation in the bidding process and/or purchase of any item offered for sale by UC San Diego Surplus Sales shall confirm your agreement to be bound by these Terms and Conditions.  Any Bidder or Purchaser who does not agree to be bound by these Terms and Conditions may not participate in the bidding process or otherwise purchase any items from UC San Diego Surplus Sales.

Inspection Instructions:

All items offered for sale are in used condition and may contain defects and/or damage not visible or otherwise detectable upon inspection.  All items are sold on an “AS IS, WHERE IS” basis.  If any Bidder/Purchaser elects to purchase any item offered for sale, such Bidder/Purchaser shall accept such item “WITH ALL FAULTS.”

Bidders/Purchasers are solely responsible for inspecting the item(s) offered for sale prior to bidding/purchasing any such item(s).  Inspection is by appointment only (unless the item is offered for sale on site at the Surplus Sales store).  Please contact the designated Surplus Sales representative to schedule an inspection appointment.

Payment Instructions:

1. Bidding Process:  Upon receipt of an award, the successful Bidder shall pay for the item(s) purchased by one (1) of the following methods:  1) cash (U. S. currency only), 2) credit/debit card, or 3) certified cashier's check made payable to “UC Regents.”
2. In-Store Purchase:  Any sale made on site at the Surplus Sales store may be paid by:  1) cash (U. S. currency only), 2) credit/debit card, or 3) certified cashier's check made payable to “UC Regents.”
3. Sales Tax:  UC Regents may charge applicable sales tax. The tax rate will be calculated at the time of payment. When sales tax is included, the successful Bidder/Purchaser shall include the applicable sales tax amount when making payment.  If the successful Bidder/Purchaser presents a valid California reseller's permit at the time of purchase, California state sales tax can be waived.

ALL SALES ARE FINAL.

Pickup/Transport Instructions:

1. Bidding Process:

Successful Bidders must claim the item(s) for purchase on a prompt basis.  Pick up hours are by appointment only. The appointment must be made at least 24-48 hours in advance.  The successful Bidder must retrieve the item(s) for purchase within seven (7) calendar days from the time and date of notification of award.  If the successful Bidder will be unable to claim the item(s) within such time period, a written request for an extension must be received by the Surplus Sales representative prior to the expiration of the seven (7) calendar day period.  Surplus Sales may, in its sole discretion, approve or deny any request for an extension.  In no event may any extended pickup period exceed 30 days from the date of notification of award.

Any awarded item(s) not paid for and claimed by the successful Bidder within the allotted time period shall be returned to the Surplus Sales inventory and the successful Bidder shall immediately and irrevocably forfeit any and all claims to the item(s).

Any item that has been paid for by the successful Bidder but which is not claimed and transported from UC San Diego premises within the maximum time period allowed hereunder, shall be returned to the Surplus Sales inventory, and the successful Bidder shall immediately and irrevocably forfeit all amounts paid in connection with such item(s).

2. In-Store Purchase:  All items purchased at the Surplus Sales store must be claimed and transported at the time of purchase.

  

3. Transport:  UC San Diego Surplus Sales may, in its sole discretion, provide assistance with loading the item(s) purchased for transport, if necessary.  If the successful Bidder/Purchaser purchases an item that requires straps or tie downs during transport, such Bidder/Purchaser must bring his/her own straps or tie downs to safely secure the item.  UC San Diego Surplus Sales will NOT provide any straps or tie downs or assist with the application of such straps or tie downs.  Neither the UC Regents nor UC San Diego shall be responsible for any personal injury or property damage of any kind or nature sustained in connection with: 1) the storage of any purchased item(s), 2) any loading assistance provided, or 3) the transportation of any item(s) purchased.

 

4. Shipping:  The successful Bidder/Purchaser shall be solely responsible for the shipping arrangements and any applicable shipping and/or packaging costs for the item(s) purchased.

Return Policy:

NO REFUNDS, CREDITS OR EXCHANGES OF ANY KIND PERMITTED UNDER ANY CIRCUMSTANCES. 

ALL SALES ARE FINAL.

Right to Sell; No Warranties:

UC San Diego hereby represents that it has the legal right to sell all items offered for sale by UC San Diego Surplus Sales.  Except as set forth in the preceding sentence, no representation or warranty of any kind or nature, including, but not limited to, warranty of fitness for a particular purpose, is intended or provided with respect to any item offered for sale.  No description of any item or any other statement or information provided by UC San Diego Surplus Sales with respect to such item shall constitute a guaranty or warranty of any kind, express or implied.

Bidder Default; Account Suspension/Termination:

If a successful Bidder should default by failing to adhere to any of these Terms and Conditions, such Bidder’s account with UC San Diego Surplus Sales may be suspended and/or terminated, at UC San Diego’s sole discretion.  

LIMITATION OF LIABILITY:

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE REGENTS OF THE UNIVERSITY OF CALIFORNIA OR ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR: (A) ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE AND/OR BODILY INJURY (INCLUDING DEATH) WHICH MAY RESULT FROM THE USE OF ANY ITEM PURCHASED FROM UC SAN DIEGO SURPLUS SALES, OR (B) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHICH MAY ARISE FROM THE PURCHASE AND/OR USE OF ANY ITEM PURCHASED FROM UC SAN DIEGO SURPLUS SALES.

Dispute Resolution:

All claims or disputes arising from or in connection with the items offered for sale by UC San Diego Surplus Sales shall be subject to good faith informal resolution between the parties.  If such informal resolution efforts fail, the claim or dispute shall then be submitted to the Judicial Arbitration and Mediation Services (JAMS), or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration.  Each party shall bear its own costs.