Bidders are invited, encouraged and cautioned to carefully inspect property offered in the Invitation prior to submitting bids. Property will be available for inspection at the location and times specified in the Invitation. Failure to inspect the property shall not constitute grounds for a claim or for the withdrawal of a bid after the auction's close.
All property listed in the Invitation is offered for sale "As-Is". The University of Missouri makes no warranty, expressed or implied, as to the completeness, kind, character, or quality of any of the property, or its fitness for any use or purpose.
The successful Bidder agrees to pay for all property awarded to him/her in accordance with the prices quoted in his bid. Successful Bidders will have ten (10) calendar days from the close of auction to pay for all property in full. All property bid on and awarded must be paid in full prior to delivery of any of the property. Full payment may be made by Cash, Cashier's Check or Money Order made out to the University Surplus Property (UMC).
All payments "mailed" should be addressed to:
University of Missouri Surplus
Accounts Receivable - Online Sales
225 University Hall
Columbia, MO 65211
University of Missouri Surplus Property Program assumes absolutely no responsibility or liability for the untimely delivery of Payment by any public (not-for-profit) or private (for-profit) carrier (including the U.S. Postal Service).
Purchasers of surplus personal property must make arrangements to pay promptly all amounts administratively found to be due the University of Missouri arising out of their prior purchase of surplus personal property. Failure to pay any such amount due upon demand will be cause for rejection of all future bids until such time as the debt is paid.
Ownership to personal property shall be transferred to the Purchaser when full and final payment is made, unless otherwise specified by the University of Missouri.
Unless otherwise provided in the Invitation, the Purchaser shall be entitled to obtain the property upon full payment with delivery being made only from the exact place where the property is located within the installation. The Purchaser may be required to make all arrangements necessary for packing, removal, and transportation of property. Loading will only be performed as set forth in the Invitation, and unless otherwise provided in the Invitation, loading will not be performed on Saturdays, Sundays, Federal holidays, or any date that the installation where the property is located is closed. Where it is provided that the University will load, the University of Missouri will make the initial placement of the property on conveyance (s) furnished by the Purchaser and the initial placement of the Purchaser’s conveyance shall be as determined by the University of Missouri. Unless otherwise provided in the Invitation, the University of Missouri will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance (s) furnished by the Purchaser. Where it is provided in the Invitation that the University of Missouri will not load or that the Purchaser will load, the Purchaser will make all arrangements and perform all work necessary to effect removal of the property. The Purchaser shall remove the property at his/her expense within the period of time allowed in the Invitation. If the Contracting Officer determines that the failure to remove the property within the period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the Purchaser, such determination shall be reduced to writing, and a reasonable extension of time for removal shall be allowed. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the University of Missouri in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather. If the Purchaser is permitted to remove the property after the expiration of the time originally allowed for removal or any additional time allowed by the Contracting Officer pursuant to this clause, the University of Missouri, without limiting any other rights which it may have, may require the Purchaser to pay a reasonable storage charge. The Purchaser shall reimburse the University of Missouri for any damage to University of Missouri’s property caused during the removal operations by the Purchaser or his/her authorized representative.
Items purchased under the Invitation will be released only to the Purchaser or his/her authorized representative. The authorized representative must furnish authorization from the Purchaser to the Custodian of the property location before any delivery of release will be made. When property is described as being boxed, packed, crated, skidded, or in containers, the University of Missouri does not warrant that the property, as packaged, is suitable for shipment.
Segregation, culling, or selection of property for the purpose of effecting partial or incremental removals will not be permitted except as specifically authorized and prescribed by the University of Missouri.
Unless otherwise specified in the Invitation, the Successful Bidder shall have ten (10) calendar days from the end of auction to effect the complete removal of the property offered.
The Bidder or Purchaser agrees that the selling agency may use all or a portion of any bid deposit or refund due him/her to satisfy, in whole or in part, any debts out of prior transactions with the University of Missouri.
Unless otherwise provided by the Invitation, the University of Missouri will be responsible for the care and protection of the property subsequent to it being available for inspection and prior to its removal date. Any loss, damage, or destruction occurring during such period will be adjusted by the Contracting Officer; to the extent it was not caused directly or indirectly by the Purchaser, its agents, or employees. At the discretion of the Contracting Officer, the adjustment may consist of rescission. With respect to losses only, in the event the property is offered for sale by the "lot," no adjustment will be authorized under this provision unless the University of Missouri is notified of the loss prior to removal from the installation of any portion of the lot with respect to which the loss is claimed.
Except for reasonable packing, loading, and transportation costs (such packing, loading, and transportation costs being recoverable only when a return of property at University of Missouri cost is specifically authorized in writing by the Contracting Officer) the measure of the University’s liability in any case where liability of the University of Missouri to the Purchaser has been established shall not exceed refund of such portion of the purchase price as the University of Missouri may have received.
Any oral statement or representation by any representative of the University of Missouri, changing or supplementing the Invitation or contract or any Condition thereof, is unauthorized and shall confer no right upon the Bidder or Purchaser. Further, no interpretation of any provision of the contract, including applicable performance requirements, shall be binding on the University of Missouri unless furnished or agreed to, in writing, by the Contracting Officer or his/her designated representative.
The Bidder or Purchaser agrees to save the University of Missouri harmless from any and all actions, claims, debts, demands, judgments, liabilities, costs and attorneys’ fees arising out of, claimed on account of, or in any manner predicated upon loss of or damage to property and injuries, illness or disabilities to or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including University of Missouri, local and interstate bodies, in any manner caused by or contributed to by the Bidder or Purchaser, its agents, servants, employees, or any person subject to its control while in, upon or about the sale site and/or the site on which the property is located, or while the property is in the possession of or subject to the control of the Bidder or Purchaser, its agents, servants or employees after the property has been removed from University of Missouri’s control.
The University of Missouri reserves the right to withdraw for its use any or all of the property covered by this contract, if a bona fide requirement for the property develops or exists prior to the actual removal of the property from University of Missouri control. In the event of a withdrawal under this condition, the University of Missouri shall be liable only for the refund of the contract price of the withdrawn property or such portion of the contract price as it may have received.
The Bidder warrants that he/she is not: (a) under 18 years of age; (b) an employee of the University of Missouri’s Surplus Property Distribution Center (c) an agent or immediate member of the household of the employee in (b or c), above; (d) For breach of this warranty, the University of Missouri shall have the right to annul this contract without liability.
It is the Bidder’s responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances, and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use or disposal of the property listed in the Invitation. Purchasers or users of this property are not excused from any violation of such laws or regulations either because the University of Missouri is a party to this sale or has had any interest in the property at any time.
Communications equipment listed herein may not be suitable for licensing by the Federal Communications Commission. Check with the Federal Communications Commission for information on type acceptance requirements.
Purchasers are warned that the item purchased herewith may not be in compliance with the Food and Drug Administration radiation safety performance standards prescribed under 21 CFR 1000, and use may constitute a potential for personal injury unless modified. The Purchaser agrees that the University of Missouri shall not be liable for personal injuries to, disabilities of, or death of the Purchaser, the Purchaser’s employees, or to any other person arising from or incident to the purchase of this item, its use, or disposition. The Purchaser shall hold the University of Missouri harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the resale of this item. The Purchaser agrees to notify any subsequent Purchaser of this property of the potential for personal injury in using this item without a radiation survey to determine the acceptability for use and/or modification to bring it into compliance with the radiation safety performance standard prescribed for the item under 21 CFR 1000.
