Online Auction Terms

 

Welcome to the State of Utah Surplus Auction's User's Agreement page.  The State of Utah Surplus Auction is dedicated to making your online bidding experience a positive one.  Please make sure that you carefully and thoroughly read through the agreement below before you agree to any of its conditions.  This agreement may be modified at any time by the State of Utah Surplus Auction and all changes will be effective 30 days after they are posted on this page.
      
       1. Fees for using the State of Utah Surplus Auction
      

The State of Utah Surplus Auction (the "Utah Auction") is free for bidder use. The Utah Auction does not charge a fee for use of the site and its services.
      
       2. Membership in the Utah Auction
      

 Membership in the Utah Auction and use of its site and services is limited to individuals at least 18 years of age who are capable of entering into legally binding contracts.  In exchange for use of the Utah Auction, its services, and website, all users agree to these Sale Terms, Conditions, and User Agreement.                
 
       3. Utah Auction's Warranties

The Utah Auction is only a meeting place to facilitate potential seller and buyer interaction; it will not be involved in, warranty or guarantee any transaction.  The Utah Auction warranties the authenticity of the seller only:  sellers must be qualified institutions of the State of Utah.

Since the Utah Auction is only a meeting place to facilitate potential seller and buyer interaction, it does warranty the property listed for sale will conform to its description.  The State of Utah does not warranty the merchantability of the property or its purpose.

Users of the Utah Auction are not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.  This warranty is in place of all other guarantees and warranties, express or implied.

To residents of California:  residents of California by using the Utah Auction agree to a waiver of their rights under California Civil Code § 1542.
      
       4. Indemnity Clause
      
Users of the Utah Auction agree to indemnify, save harmless, and release the State of Utah, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out the use of the Utah Auction.
  
       5. Bidding Procedures

Successful bidders are under an obligation to purchase the item for which they are the successful bidders. By submitting a bid, users of the Utah Auction agree to the conditions of the auction, including payment methods, shipping and delivery, and general description of the item(s). Once a bid is submitted it may not be retracted, except for extraordinary circumstances as determined by the State of Utah.

The State of Utah reserves the right to terminate an auction at any time for any reason, the State of Utah reserves the right to withdraw any item(s) up to the time the item(s) are removed. The seller has the right to reject any and all bids at any time for any reason.

In the event bidders provide false information, default for non-payment or fails to comply with other auction terms, they may lose all rights to place bids on other items and use the services of the Utah Auction.
      
       6. Public Information and Privacy Policy

 All information collected by Utah Auction is subject to the Utah Government Records Access and Management Act, Utah Code Ann. §§ 63G-2-101 to 901, and will be maintained in accordance with its provisions. The State of Utah continuously works to ensure the privacy and security of the Utah Auction website.

       7. Removal

Bill of Lading or Waybill may be required from the purchaser's appointed shipping/transport company if the purchaser is not present at time of pickup. Bill of Lading and/or Waybill will be address-verified by State of Utah Surplus Property to match purchaser's State-issued ID or business address. 

 

6/25/2021