Oregon Health & Science University an Oregon Statutory Public Corporation (OHSU)

Portland, Oregon

Online Sales - Terms and Conditions

All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.

Guaranty Waiver.  All assets are offered for sale “AS IS, WHERE IS.”  The Oregon Health & Science University an Oregon statutory public corporation (OHSU) (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale.  The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential.

Description Warranty. Seller warrants to the Buyer the property offered for sale will conform to its description.  Any claim for misdescription must be made prior to removal of the property.  If Seller confirms the property does not conform to the description, Seller will keep the property and refund any money paid.  The liability of the Seller shall not exceed the actual purchase price of the property.  Please note upon removal of the property, all sales are final.

Personal and property risk.  Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the seller and GovDeals from liability therefore.

Inspection.  Most assets offered for sale are used and may contain defects not immediately detectable.  Bidders may inspect the property prior to bidding.  Bidders must adhere to the inspection dates and times indicated in the asset description. See special instructions on each asset page for inspection details.

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed.

Buyer’s Certificate.  Successful bidders will receive a Buyer’s Certificate by email from GovDeals.

*Payment.  Payment in full is due not later than 5 business days from the time and date of the Buyer’s Certificate.  Acceptable forms of payment are:

·      Certified Checks

·      Credit Cards

Certified Cashiers Checks shall be made payable to: Oregon Health & Science University.  Payments shall be made at the location listed in the Buyer’s Certificate.

Removal.  All assets must be removed within ten (10) business days from the time and date of issuance of the Buyer’s Certificate.  Purchases will be released only upon receipt of payment as specified.  Successful bidders are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer’s Certificate.  The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will Seller assume responsibility for packing, loading or shipping.  See special instructions on each asset page for removal details. A daily storage fee of $10.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

Vehicle Titles. Seller will issue a title or certificate upon receipt of payment.  Titles may be subject to restrictions as indicated in the asset description on the website.

Default.  Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all assets within the specified time.  Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured.  If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law.  Seller reserves the right to reclaim and resell all items not removed by the specified removal date.

Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are displayed at the top of each page of each asset listed on GovDeals. Special Instructions appearing on the asset page will override certain sections of the terms and conditions.

State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed.

Sales to Employees.  Employees of the Seller may bid on the property listed for auction, so long as they do NOT bid while on duty. 

TAX COMPLIANCE CERTIFICATION:  Buyer hereby affirms, under penalty of perjury, as provided in ORS 305.385(6), which to the best of Buyer’s knowledge Buyer is not in violation of any of the tax laws described in ORS 305.380(4).

FORCE MAJEURE: Neither Seller nor Buyer shall be held responsible for delay or default caused by fire, riot, strike, acts of God or war which is beyond the affected party’s reasonable control.  The affected party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligations under the Contract.  Notwithstanding any other termination provision, either party may terminate this Contract upon written notice to the other party after determining such delay or failure is beyond the control of the party and will reasonably prevent successful performance in accordance with the terms of the Contract.  OHSU may terminate this Contract upon written notice after determining such delay or default will reasonably prevent successful performance of this Contract.

CONFIDENTIALITY:  Buyer acknowledges that Seller  is a public corporation and is subject to the Oregon Public Records Law (ORS 192).  Without limiting the foregoing, Buyer acknowledges that the pricing, discounts, other terms of the purchase and other terms and conditions of this Contract and any of information given by Buyer, except for personal information, to OHSU is a public record subject to disclosure under the Oregon Public Records Law.

ANTIKICKBACK DISCLAIMER  For purposes of this Contract, and unless otherwise specifically provided herein, Buyer acknowledges and agrees that (i) the Hospital Logistics Department at OHSU is the only authorized Seller with which Buyer may contact at OHSU ; (ii) OHSU employees not part of and not working under the Hospital Logistics Department are not agents of OHSU and do not have the authority to authorize or bind OHSU in any way for any purchase. Buyer shall contact the Hospital Logistics Department at OHSU for any purchase and Buyer acknowledges and agrees the foregoing is a material term of this contract and a condition precedent to Sellers performance obligations under this Contract with respect to any purchase that does not comply with the foregoing.  If Buyer breaches this material term, Seller may, in addition to all other remedies available to it and without waiving any rights thereto, elect to have no liability to release such product that fails to comply with the foregoing.  If OHSU elects not to sell product that did not get prior approval from the Hospital Logistics Department, then OHSU agrees it shall not release the item to the Buyer.

CONFLICT OF INTEREST:  Buyer acknowledges that OHSU uses ethical business practices in its contracting practices and that OHSU does not take into account any gifts or sponsorship provided by Buyer. Buyer certifies that neither it nor its employees or agents have, with and intent to establish or maintain a business relationship with OHSU, provided any gift or sponsorship having more than minimal value: (i) to any person working on behalf of OHSU involved in the negotiation of the Sale; (ii) to any OHSU Department or unit procuring items under this Contract; or (iii) to any person with authority on behalf of OHSU to enter into the Contract.