All items must be paid for in full prior to 1) pick up by Buyer or 2) shipping to Buyer. Buyer is to note that all sales are final.
All prices are understood to be FOB: MSU Surplus. The Buyer may arrange for local payment and pick up of the items through contacting MSU Surplus at firstname.lastname@example.org. The Buyer is responsible for paying all shipping and handling charges unless specifically stated otherwise in the item description.
Changes and Assignments. This sale shall be deemed to constitute the Buyer as an independent contractor. The terms of this sale shall not be changed, superseded, or supplemented, except in writing, signed by the parties hereto. Any assignments or delegation of the Buyer's rights or obligations under this sale shall be void without the Seller's prior written consent.
Removal of Material and Time of Performance. It is the sole responsibility of the Buyer to promptly and properly remove the purchased items from MSU premises. Buyer shall, at his own expense, remove the items or make arrangements for shipping. In the event that the items must be shipped, the Buyer is to arrange for shipping to occur within one week of acceptance of payment by Seller. Seller is not responsible for any damage to items that remain on Seller's premise while awaiting shipment to Buyer.
Disclaimer of Warranty. Buyer understands that all items sold by MSU Surplus are used items. All items listed for sale by MSU Surplus are sold "as is" with no warranties of any kind, express or implied; including but not limited to, implied warranties of merchantability or fitness for a particular purpose. While MSU Surplus performs due diligence to ensure accurate descriptions and has staff available to answer questions, it is the purchaser's responsibility to conduct such investigations and inspections of the purchased items/equipment as the purchaser deems necessary to satisfy themselves as to the condition of the purchased items/equipment, and will rely solely upon same and not upon any information provided by or on behalf of seller or any representative of seller. Purchaser assumes the risk that adverse matters, including but not limited to, construction defects, wear and tear, damage to the equipment and other adverse physical conditions, may not have been revealed by purchaser's investigations.
Title and Risk of Loss. Title to items sold shall pass from Seller to Buyer upon a) Buyer taking possession of said items and, b) upon acceptance of payment by MSU Surplus.
Taxes. Price does not include any taxes which may now or hereafter be applicable to, measured by, imposed upon, or with respect to transaction, property, its sale, its value, its use, or any service performed in connection therewith. Buyer agrees to pay such taxes. Buyer is to note that the 6% Michigan Sales Tax will be added to the total for this sale unless a valid tax exempt certificate can be produced by the Buyer or the item is shipped to a destination outside of Michigan with payment originating outside of Michigan.
Limitation of Liability. The Seller will not be liable for any incidental or consequential damages whatsoever, including without limitation, loss of use, loss of profits, loss of revenues or liability to third parties. This liability applies even if such liability arises out of tort (including negligence), warranty, contract or strict liability.
Entire Agreement. Buyer and Seller agree that there are no understandings, agreements, representations, express or implied,other than those expressed herein. This agreement supercedes any prior understandings, agreements or representation and constitutes the entire agreement between the parties. By virtue of signature, payment or acceptance of the material, buyer acknowledges and accepts all the termsand conditions contained in this Agreement.
Laws and Permits. This Agreement shall be governed by and construed under the laws of the State of Michigan without regard for principles of choice of law. Any claims, demands, or actions asserted against The Board of Trustees of Michigan State University shall be brought in the Michigan Court of Claims. The Buyer, its successors and assignees, consent to the jurisdiction of the Ingham County Circuit Court for the State of Michigan with respect to any claims arising under this sales agreement. Buyer will comply with all applicable Federal, State, and local laws, ordinances, rules, regulations, codes, permits, licenses, authorizations, orders of any governmental body, agency, authority, or court having jurisdiction over any aspect of the material or requirements in connection with performance under this Agreement.
Payment. Payment shall be made to Michigan State University in full, prior to removal of items from MSU facilities by Buyer, Buyer's representative, or shipping company. Under no circumstances will property be released to the Buyer prior to MSU receiving payment in full. Personal checks will not be accepted for sales over $1,000. Visa, Mastercard, American Express, Discover Card, and PayPal may be used for payment up to $5,000. For sales exceeding $5,000, a certified bank check or EFT is required.
Use of Michigan State University Name and Marks. Buyer will not use the Seller's name or trademarks in connection with any advertising, marketing, or other promotional efforts or materials without the prior written consent of an authorized agent of the Seller.