Terms and Conditions

DISCLOSURE

Scope: The following Standard Terms and Conditions of Sale are hereby incorporated into the (Seller) Auction/Sale site and apply in like force to any subsequent award resulting from the auction/sale.

Applicable Law: Any contract resulting from this auction shall be governed under the laws of the State of Wisconsin.

Warranty: THE EQUPMENT/MATERIAL/ITEM (S) IS BEING SOLD 'AS IS - WHERE IS', NO WARRANTY IS IMPLIED OR GIVEN. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT/MATERIAL/ITEM (S) BEING SOLD IS WITH THE BUYER.

Quantities: UW-Stevens Point reserves the right to increase or decrease quantities or cancel any auction/sale without notice.

Acceptance-Rejection: UW-Stevens Point reserves the right to accept or reject any or all bids.

Payment: Payment in full is to be made prior to the removal of any equipment/material/items(s) unless otherwise specified. Payment must be by money order, personal check, certified (or cashier's) check. Checks must be made payable to the University of WI-Stevens Point. No credit cards accepted. Payment should be mailed or delivered to the UW-Stevens Point, Surplus Property, 601 Division St., Stevens Point, WI 54481.

Sales Tax: Sales for delivery in Wisconsin are subject to 5% sales tax. Sales for delivery in Portage County WI are subject to 5.5% sales tax. No tax for sales with delivery not in the State of Wisconsin. Proof of tax exemption certificates must be provided with payment for all tax-exempt requests with delivery in Wisconsin.

Title: SELLER warrants it has good and marketable title to the equipment. Title to the equipment will pass to BUYER upon payment of full purchase price and tax if applicable, and will be free and clear of all liens, claims and encumbrances of any kind.

Removal of Equipment: SELLER shall de-install equipment that is physically hardwired, attached to gas lines, water lines or bolted to the walls or foundation. The BUYER will be responsible for packing the equipment, arranging for and paying all transportation charges. Pick up shall be at a date, time, and place agreed upon by the parties. Once the title has passed ownership, BUYER shall bear all risk of loss and damage from any cause whatsoever.

Hold Harmless: Successful bidders agree to hold the Board of Regents of the University of Wisconsin System, its officers, employees, and agents harmless from any and all liability arising out of or in connection with the purchase of any surplus equipment placed for sale in this on-line auction/sale by the Board of Regents of the University of Wisconsin System, or the State of Wisconsin.

Insurance Responsibility: Any successful bidder removing equipment from University or other State facility, will be required to maintain, during the life of this agreement, Worker's Compensation Insurance for all employees engaged in the work and Commercial General Liability (Bodily Injury and Property Damage) insurance against any claim(s) which might occur. Minimum coverage for commercial general liability, bodily injury and property damage insurance are $500,000 single limit liability or $250,000 bodily injury per person and $500,000 per occurrence and $250,000 property damage. Higher limits may be required under special conditions, and where requested must be complied with by buyer as a condition of this agreement.

Auction Services: We reserve the right to remove or suspend any user accounts that are observed to be used for the placement of false bids.  Users found placing two or more false bids may be permanently banned from further use of the auction.

Cancellation: We reserve the right to cancel any agreement(s) resulting from this auction/sale in whole or part without penalty due to non-compliance with Standard Terms and Conditions.

Policies and Procedures

Surplus Property Disposal

1.      POLICY.

Facility Services has been delegated by the Department of Administration (DOA) authority to dispose of surplus property in accordance with State Procurement Manual PRO-F-3.  The October 27, 2003 revision of this policy raises the current market value of surplus property that can be disposed without state approval  to $25,000 .  Items with a market value over $25,000 may also be disposed; however, prior sale approval by SSPP (State Surplus Property Program) is required.  UW-Stevens Point departments are invited and encouraged to take advantage of this opportunity, not only to provide surplus property for the Surplus Property Office sale, but also by purchasing surplus property for their operations.  This policy prohibits UW-Stevens Point departments from conducting surplus sales or auctions without prior approval by Surplus Property Office.  All surplus property must be reported to and channeled through Surplus Property Office.

The Surplus Property Office is located at 601 Division Street.

2.                DEFINITIONS

2.1            Abandoned Property.  Items not owned by the state or university that are abandoned on UW-Stevens Point property and will be disposed by the Surplus Property Office following notification of the owner (if that owner can be determined).

2.2            Auction Sales.  Process used to offer surplus property to the general public by open competition.

2.3            Current Market Value.  Present open market selling price of the property or similar property.

2.4            Department Warehouse Sale.  Scheduled sales (or appointments) held at the Surplus Property Office at which time surplus property is offered to UW-Stevens Point departments, UW System institutions, other state agencies and local governments.

2.5            Historical Value.  Any item in good condition that conforms to the following:  was vital and unique to the activities and programs of an agency; was invented, designed, handcrafted or manufactured in Wisconsin; was associated with an important person, site or event in Wisconsin history, distant or recent; advertises or symbolizes Wisconsin-based businesses, organizations or events; is a work of art that depicts Wisconsin people, places, events, symbols or activities; or is 50 years old or greater.

2.6            Junk Property.  Surplus property that has no intrinsic value and is disposed for minimum price or in lieu of transportation cost for removal from a UW-Stevens Point site.

2.7            Offer to Sell.  Procedures used to seek competition to sell specific surplus property equipment or abandoned property.

2.8            Public Warehouse Sale.  Scheduled sales held at the Surplus Property Office at which time surplus property is offered to the general public.

2.9            Real Property.  Land, buildings or any improvements to land.

2.10        SSPP.  State Surplus Property Program.

2.11        State Property.  All materials, supplies, and equipment of a state agency, regardless of value (not real property).

2.12        Surplus Property.  State property that does not meet program needs, does not function, is technically or mechanically obsolete, or is not needed in the foreseeable future to meet program responsibilities and has been replaced due to a replacement schedule.

2.13        Surplus Property Declaration Form.  Form used by UW-Stevens Point departments to declare property surplus and to notify  the Surplus Property Office of the surplus property.

3.      CAUTIONS.

All sales of state property to persons or organizations outside of the University of Wisconsin System must be approved by the Surplus Property Office.  University departments are NOT authorized to dispose of state property without prior approval of the Surplus Property Office.  All surplus property must be reported to and channeled through the Surplus Property Office.

4.       DEPARTMENT PROCEDURES.

4.1            UW-Stevens Point departments must complete a Surplus Property Declaration Form (one item per sheet) listing the surplus item.  “Lots” of items that do not have UW-SP inventory control tags may be listed on one form.  The Surplus Property Declaration Form must be received by the Surplus Property Office before surplus property will be accepted.

4.2            The Surplus Property Office will contact departments to arrange a time to pick up surplus property.  Custodial Services, in addition to a student moving staff, will be responsible for picking up items and transporting items to the Surplus Property Office.  Other units of Facility Services will also participate as time permits.  A responsible departmental staff person must be available at the time items are being picked up.  Departments may deliver surplus property to the Surplus Property Office  with prior arrangements.  Other UW System institutions and state agencies that participate in the Surplus Property Office operations will be responsible for delivering and picking up surplus property.  A fee will be assessed to dispose of items that do not sell (appliances, large items or those requiring hazardous disposal).

4.3            The Surplus Property Office will accept all items designated by the department as junk as long as they are clean.

4.4            Items will be priced at a reasonable market value.  Surplus property that does not sell will be disposed.  Disposal methods will include landfilling, recycling, sealed bid and donating to non-profit or tax-supported organizations.  Businesses/individuals bidding under the sealed bid process will be required to make an appointment for an onsite inspection.

4.5            Revenues generated from individual or “lot” sales of $100 or less will remain with the Surplus Property Office.  Individual or “lot” sales of $100 or more will be assessed a $100 handling fee plus 10% of the amount over $100 (sales tax will also be deducted).  Items that do not have a market value (junk) or do not sell will be disposed.  Credit for sales will be applied to the funding source (account) indicated on the Surplus Property Declaration Form (SFO and WSF accounts cannot be accepted).

4.6            UW-Stevens Point departments should not remove inventory tags.  These will be removed by Surplus Property Office personnel.  However, all State of Wisconsin insignia or identification must be removed by departments before surplus property will be picked up or accepted.  Departments will be responsible for any damages incurred while removing these insignia.

4.7            No items will be accepted if they have historical value.

4.8            All items must be property of the State of Wisconsin; no personal property will be accepted.  Items must be clean; items that are not will be refused.

4.9            Property may be donated to non-profit or other tax-supported organizations with approval of the Surplus Property Office.  This preference should be indicated on the Surplus Property Declaration Form.

5.                DISPOSAL.

5.1            Department Warehouse Sales to UW-Stevens Point departments, other UW System institutions, and state agencies will be by appointment.  A purchase order or account number will be provided for transactions.  A $15 fee will be assessed for purchases that are delivered (on-campus only).

5.2            Surplus property will be available to the general public (Public Warehouse Sale) on Fridays from 1:00 p.m. until 5:00 p.m.  Holidays may interrupt some Friday sales.

5.3            Sealed bids may be used to dispose of items if the need arises.  This process may be utilized when there is a large quantity of items.  Use of this method of disposal will be determined on an individual basis.

5.4            Donations of state property to private individuals, for-profit organizations or state employees are prohibited.

5.5            Donations to nonprofit corporations (organizations) must be advertised (such as, in a newspaper of general circulation, Internet announcement, or bulletin board posting) and the donation must occur in a competitive manner.  No single nonprofit corporation (organization) may be singled out for donation.  Verification of nonprofit status is required.

5.6            Sales to state employees are prohibited unless items are sold at announced public sales or auctions. 

5.7            Any items deemed to be non-saleable after a reasonable period of time on the sales floor will be disposed of in the best and most environmentally-conscious method available. 

6.                PAYMENT.

6.1            All sales to organizations/individuals/businesses that cannot provide a Wisconsin Tax Exemption Number are subject to state and county sales taxes.

6.2            Payment for the purchase of items will be by cash or check only for public purchases.  No credit cards will be accepted.  UW-Stevens Point departments, UW System institutions and other state and municipal agencies will need to present a valid account number or authorization to purchase (purchase order).

6.3            Payment for purchases will be made on the day of the sale.

                      Checks returned for NSF.

6.4            For all checks returned for NSF, the writer will be contacted for repayment of the amount of the check plus a service charge that is charged by the bank for returning the check.  If payment is not made in an agreed-upon amount of time, the check will be turned over to a collection agency or the District Attorney for collection.

7.                REMOVAL OF PURCHASES.

Purchases at the Public Warehouse Sale will be removed within 72 hours or the items will revert to the Surplus Property Office’s inventory.  Ideally, items will be removed the day of the sale.  If items are not picked up at that time, an employee of the Surplus Property Office will contact the buyer by phone or e-mail about picking up the purchase.  The buyer will then have an agreed-upon amount of time to pick up the purchase.  If, at that time, the purchase has not been picked up, the buyer will be contacted again and will have until the next sale date to pick up the purchase.  If, at that time, the purchase has not been picked up, the item will then be placed back on the sales floor for resale.

8.                ADVERTISING.

8.1            The Surplus Property Office will be advertised at UW-Stevens Point utilizing the university newsletter and message of the day to alert departments of the program and departmental sales opportunities.

8.2            A mailing list of other state institutions and local governments will be developed to promote the program.

8.3            The Surplus Property Office Public Warehouse Sale will be advertised to the general public through local media.

9.                OPERATIONS.

9.1            Upon receiving the Surplus Property Declaration Form, the surplus property will be assigned a control number.

9.2            Surplus items will be displayed for viewing.

9.3            Inventory tags, regardless of the original purchase price, will be removed.  The tags will be forwarded to the property control office.

9.4            A Surplus Property Declaration Form for each item will remain at the Surplus Property Office for a period of 12 months following disposal.

9.5            A cash register will be the controlled sales record for each transaction.  Each item sold will be listed by its control number along with the sale price.

9.6            Receipts will be balanced at the close of each sale day.

10.REVENUES

Revenues generated will remain with the Surplus Property Office to offset operating costs (see section 5.5).  These operating costs will include the cost to transport materials from departments to the Surplus Property Office, labor, advertising, lease of space, printing/duplicating, telephone and other necessary equipment (computer, printer, FAX, etc.). 

Questions regarding the operations may be directed to the Surplus Property Office at (715) 346-4474 or (715)346-4642 (FAX).

Surplus Property Office-Surplus Property Office Policies &  Procedures

March 29, 1995

February 29, 1997 (Revised)

January 25, 2000 (Revised)

October 2, 2001 (Revised)

November 7, 2003 (Revised)

December 5, 2003 (Revised)

January 15, 2008 (Revised)