User Agreement

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

This Agreement describes the terms and conditions applicable to your use of our services and the general principles. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions, before you may purchase at UW SWAP Auction. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective after they are posted on our site.

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

Eligibility: Our services are available only to individuals who can form legally binding contracts under Wisconsin State law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you can use this service only in conjunction with your parents or guardians consent. If you do not qualify, please do not use our services. Further, your account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Bidding and Buying: As a buyer, you are obligated to complete the transaction with SWAP if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted.  By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as: SWAP materially changes the item's description after you bid or a clear typographical error is made.

Access and Interference: You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the SWAP site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to UW SWAP. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website.

Breach: Without limiting other remedies, we may immediately remove your bid, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates; (b) we are unable to verify or authenticate any information you provide to us; (c)you are disrespectful towards SWAP staff.

Privacy: We do not sell or rent your personal information to third parties for marketing purposes and we only use your information to process your bid and transactions relating to this bid.

No Warranty: WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

Liability Limit: IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

Export Control: Some items purchased through SWAP may be subject to the United States government's laws and regulations regarding export control, particularly the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR).  Purchasers are responsible for complying with these regulations if they intend to export (transfer or ship) any items to a foreign country or foreign person.  This may include:

• Obtaining appropriate export licenses prior to the transfer of items to a foreign entity.
• Not shipping items to Cuba, Iran, North Korea, Syria, the Crimean region of the Ukraine or persons/organizations restricted by the U.S. government.
• Not shipping items to any Country for which the U.S. government has an applicable restriction or to persons who are citizens of those countries. 
• Not shipping the item to any persons or organizations that are listed on United States government restricted party lists. 

Indemnity: You agree to indemnify and hold the University, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any applicable law.

Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, purchase and solicitation of offers to purchase. General: This Agreement shall be governed in all respects by the laws of the State of Wisconsin. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

SALES POLICIES

Warranty: THE EQUIPMENT/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-Madison reserves the right to increase or decrease quantities or cancel any auction without notice.

Auction Timeline: UW-Madison reserves the right to reduce or extend auction timelines or cancel any auction without notice.  SWAPAUCTION.WISC.EDU uses an auto-extend, or "soft close", anti-sniping feature that automatically extends the auction for a pre-determined amount of time if a bid is placed in the last minutes of the regular auction timeline.  The auction will continue to be extended until bids are no longer placed.    

Acceptance-Rejection: All bids are subject to University review and approval. UW-Madison reserves the right to accept or reject any or all bids. Bids may be rejected for any, but not limited to, the following circumstances: 1) The University’s Auction Site is unavailable for significant duration on the last day of the auction, or is unavailable during the last hour of the auction; 2) The bidder has failed to previously pay for and/or remove other purchases from the University’s SWAP program; 3) The bidder’s form of payment is rejected; 4) At the sole discretion of the University for any reason that is deemed to be in the best interest of the University. 

Payment: Payment in full is to be made prior to the removal of any item(s) within 5 working days after receipt of winning bid notice, unless otherwise specified.  ​Payment must be made online or by phone.  Payment instructions will be included with the emailed invoice.       

*All payment information communicated via voicemail, email, or fax will not be processed and will be deleted/shredded upon receipt.

Sales Tax: Sales for delivery in Wisconsin are subject to 5.5% sales tax. Proof of Wisconsin State Certificate of Exemption Status must be provided with payment for all tax-exempt transactions with delivery in Wisconsin.  Sales tax is not charged for sales with delivery not in the State of Wisconsin. 

Shipping: SWAP does not provide shipping services.  BUYERS may arrange to have a third party pick up purchases on the BUYERS behalf but SWAP is not liable for any costs or fees associated with shipping.  BUYER is responsible for ensuring the third party knows what items are to be picked up.  Upon request, SWAP staff may palletize items for freight shipping but will not individually-package smaller items.  

Pick-up: Purchases located at SWAP must be removed within 5 business days after receipt of a winning bid notice UNLESS arrangements are made with a SWAP representative.  Purchases not removed picked up within 5 working days after receipt of invoice, and with no arrangement with SWAP in place, may be considered abandoned and are subject to be re-listed on the auction site or discarded.  Refunds for abandoned purchases will be permitted for 30 days after winning bid notice.  It is the BUYER’S responsibility for contacting SWAP to complete the refund.   

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 removal of the equipment from SELLER'S property, and will be free and clear of all liens, claims and encumbrances of any kind.

Removal of Equipment from Locations other than SWAP: 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: The BUYER agrees to hold harmless the Board of Regents of the University of Wisconsin, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring from use of the product purchased, howsoever caused. BUYER acknowledges they have been advised that the equipment contains residual hazardous substances and accepts all risk and liability associated with the use and ultimate disposal of product.

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 is $1,000,000 combined single limit. If a vehicle will be used to haul the equipment away, Auto Liability will also be required in the amount of $1,000,000 combined single limit. The Certificate of Insurance must reflect “the Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an additional insured. In addition, the Certificate of Insurance must be approved by UW Risk Management. Certificates may be faxed to 608-262-9082. Higher limits may be required under special conditions, and where requested must be complied with by buyer as a condition of this agreement.

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