| 1. | His Majesty the King in right of Alberta, as represented by the Minister of Service Alberta ("Surplus Sales") reserves the right to accept or reject any tender in whole or in part. Surplus Sales reserves the right to withdraw any goods before the tender closing date and time. |
| 2. | Tenders must be clearly marked with Surplus Sales tender number. |
| 3. | The tender must be stated in Canadian funds and be equal to or greater than the indicated reserve value. |
| 4. | Facsimile tenders which are received and printed at the Surplus Sales location identified in the Invitation to Tender document, by closing date and time, will be accepted. Surplus Sales takes reasonable measures to maintain the confidentiality of all tenders. However, facsimile tenders are not received in a sealed envelope, therefore bidders should be aware that facsimile tenders by their nature have a higher risk of not being kept confidential. |
| 5. | Surplus Sales makes every effort to accurately describe all goods, however Surplus Sales does not warrant the description in any manner. Bidders are deemed to have relied entirely on their own inspection and evaluation. |
| 6. | All goods are offered for sale on an "AS IS, WHERE IS" basis.There are no warranties or any representations with respect to the goods, either expressed or implied, including any implied warranties and conditions or merchantability or fitness for a particular purpose. |
| 7. | Tenders shall be open for acceptance by Surplus Sales for 7 days from the tender closing date. |
| 8. | Subject to the terms and conditions of the tender, title to and risk for the goods pass to the bidder upon notification from Surplus Sales of acceptance of the bidder's tender. |
| 9. | Payment must be received in full at the Surplus Sales location identified in the Invitation to Tender document within 10 days of the tender close. Payment must be made either by cash, certified cheque, Visa, Mastercard, American Express, Visa Debit or Debit. Certified cheques are to be payable to the Government of Alberta. Maximum transaction amount for Visa and Mastercard purchases is $2000.00. All purchases must be paid for in full before removal from the premises. The Goods and Services Tax ("GST") must be added to the tendered price if applicable. |
| 10. | All sales are final. |
| 11. | Unless otherwise specified in the Special Terms and Conditions, goods must be removed at the bidder's expense within 30 days of tender close and according to any special instructions listed within the tender and, if not so removed, the bidder: (a) forfeits the goods and all money paid to Surplus Sales; and (b) is responsible for any deficiency and all costs (including advertising, handling and storage) associated with re-tendering the goods. |
| 12. | Surplus Sales is not responsible for any claims, demands or actions of any nature that may be suffered by the bidder, the bidder's employees, subcontractors or agents, in relation to the goods including the sale, handling, removal, use, dismantling, decontamination or destruction of the goods. |
| 13. | The bidder agrees to hold harmless Surplus Sales and its employees, subcontractors and agents for any and all claims, demands and actions, in relation to the goods, for which the bidder is legally responsible, including those arising out of the negligence or willful harm of the bidder, the bidder's employees, subcontractors or agents. |
| 14. | Surplus Sales may publish a list of all bidders and their bid price. |
| 15. | The personal information collected under this tender is collected and used for the sole purpose of administering the Surplus Sales program. It is collected under the authority of the Government Organization Act of Alberta, Schedule 11, as amended from time to time, and Section 33(c) of the Freedom of Information and Protection of Privacy Act of Alberta. Contact the Manager, Surplus Sales at (780) 427-3482 if you have any questions regarding the collection of this information. |
| 16. | The bidder consents, and has obtained the consent of any individuals identified in the tender to the use of the information in the tender by Surplus Sales and its employees, subcontractors and agents. |
| 17. | Bidders must sign and return the Invitation to Tender document and include: - full legal name, address and telephone number of the bidder - name, signature and telephone number of the official preparing the tender if other than bidder. |
| 18. | All questions regarding the tenders shall be directed to the Surplus Sales office identified in the Invitation to Tender document during the hours of 8:15 a.m. to 4:30 p.m. Alberta Time, Monday to Friday excluding Statutory Holidays. Verbal responses to any inquiry are not binding. |
| 19. | This document and the Invitation to Tender contain all the terms and conditions relating to the tender. No other understandings or agreements, verbal or otherwise, exist between the parties. |
| 20. | This document, the Invitation to Tender and any resulting contract for the sale of the goods shall be interpreted and applied in the courts, and according to the laws in force, in Alberta. |