TERMS AND CONDITIONS
FOR
INVESTMENT RECOVERY GOODS
Notwithstanding any inconsistent or additional terms that may be embodied in Buyer's purchase order, Salt River Project's (SRP) sale is made only on the express condition that Buyer assent to the terms contained below, and Buyer's acceptance and receipt of the goods shipped hereunder shall constitute assent to such terms.
WARNING OF HAZARDS. Buyer recognizes that explosive, flammable, toxic, or otherwise hazardous materials may constitute, have been used in, or have come in contact with the goods. BUYER EXPRESSLY ASSUMES ALL RISK OF AND RESPONSIBILITY FOR INJURY OR DAMAGE TO THE BUYER OR OTHERS BASED ON OR ARISING OUT OF POSSESSION, HANDLING, DISMANTLING, OR USE BY BUYER OR BY OTHERS OF ANY SUCH GOODS FOR ANY PURPOSE WHATSOEVER. Buyer agrees to give warning of all possible hazards to any persons to whom Buyer resells, gives or delivers the Goods or to whom Buyer can reasonably foresee may be exposed to their hazards.
INSPECTION. Buyer has inspected the Goods, or hereby acknowledges SRP's recommendation that the Goods be inspected and refuses to go examine them, and agrees that the Goods are hereunder sold as is and with all faults. The description of the Goods is correct to the best of SRP's knowledge, but this does not constitute a warranty or representation that the Goods shall conform to such description. The description is for sole purpose of identifying the Goods for sale. SRP recommends Buyer's on-site inspection to verify details.
WARRANTY LIMITATIONS. Goods are sold "As Is" in their present location. SRP warrants title to the Goods, but MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO GOODS, whether used alone or in connection with other substances, materials, or equipment.
CLAIMS AND LIMITATION OF LIABILITY. All claims against SRP arising out of the sale of the Goods shall be barred unless filed in writing with SRP within ninety (90) days of the date of this Sales Agreement. SRP's liability for claims of Buyers shall be limited to the refund of the purchase price received for the Goods subject to Buyer's return of the Goods to SRP. In no event and under no circumstances shall SRP be liable for incidental or consequential damages.
HAZARDS LIABILITY. Buyer's responsibility in connection with the Goods shall commence upon delivery to the carrier, pick-up by Buyer or upon commencement of dismantling by Buyer, whichever occurs first. Buyer shall indemnify and save SRP and members of its governing bodies, its officers, agents and employees ("the Indemnified Parties") harmless against any liabilities, penalties, demands, claims, causes of action, suits, losses, damages, costs and expenses (including cost of defense, settlement and reasonable attorney's fees) whatsoever arising from or growing out of possession, handling, dismantling, or use by Buyer or by others of goods purchased. Buyer's obligations under this Section shall extend to indemnify, defend and hold harmless the Indemnified Parties where they are allegedly concurrently negligent with Buyer, any subcontractor or supplier of Buyer, or any of the directors, officers, partners, members, managers, agents, servants or employees of Buyer, or of its subcontractors or suppliers, in causing or contributing to the liability causing event, but shall not extend to any liability that has been judicially determined to have been caused by the sole negligence of the Indemnified Parties.
INSURANCE AND SAFETY RULES. If Buyer is to pick up the Goods or perform dismantling or other work on property owned or controlled by SRP, Buyer shall insure each employee engaged upon the work for the compensation provided for by, and shall strictly comply with, each and every statute applicable thereto with respect to Workmen's Compensation and Employer's Liability insurance and public liability insurance of a reputable and financially responsible insurance company, properly safeguarding Buyer and Seller against liability for injuries to persons, including injuries resulting in death, in amounts acceptable to SRP, and shall furnish in advance to SRP written certificates from insurance carriers establishing that said insurance of employees and said public liability insurance have been procured and are being properly maintained, and that the premiums therefore are paid, and specifying the names of the insurers and the respective policy numbers and expiration dates. Buyer shall cause its employees to comply with SRP's plant safety rules while on SRP's property.
PURCHASE PRICE AND TERMS OF PAYMENT.
Payment. PayMac, a third-party payment processing company, receives all payments for Salt River Project. Payment for an awarded item must be received within five (5) business days after the Notice of Award of the successful bid.
Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If you choose to pay with a credit card, please follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.
Payment by Credit Card. Login to the Public Surplus site. Click on the My Stuff link and then click on the Past Bids link. Click on the description of the auction and then click on the Pay Online link located on the right hand side of the screen. Follow the steps to complete the transaction. A receipt will be emailed to you once the payment has cleared.
Partial Payment. There will be NO partial payments allowed for an auction. All auctions must be paid in full according to the specified payment process. For example, you WILL NOT be able to pay partially for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer.
Wire Transfers. For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire transfer, please email support at buyersupport@publicsurplus.com asking for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.
TAXES. Buyer shall pay the amount of any tax or other charge now or hereafter imposed upon, with respect to or measured by the sale, shipment, or price of any of the Goods sold hereunder.
LABELS. Buyer shall remove any and all trademarks, labels, distinctive markings, and designs which may appear on the Goods or on the packaging material thereof and shall refrain from making use of any such trademarks, labels, distinctive marking, or designs.
FORCE MAJEURE. Delivery may be suspended by either party in case of act of God, war, riot, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, labor, containers or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any cause beyond the control of such party, preventing the shipment, pick-up, or dismantling of the Goods.
ASSIGNMENT. Buyer may not assign its rights or delegate its performance hereunder without the prior written consent of SRP; any attempted assignment or delegation without such consent shall be void.
MISCELLANEOUS. This contract is to be construed according to the laws of the state where the Goods are now located. The Sales Agreement constitutes the full understanding of the parties and no terms, conditions, understanding or agreement purporting to modify or vary these terms shall be binding unless hereafter made in writing and signed by the party to be bound.