CONDITIONS OF SALE AND USE OF WEBSITE
1. Inspection
The Bidder/Buyer is invited, urged and cautioned to inspect surplus equipment prior to placing an order. Following inspection and acceptance of this agreement, the Bidder/Buyer is deemed to have accepted the surplus equipment as is – where is.
2. The Seller emphasizes that any sale is on an as is – where is basis. All expenses of removal, moving, and shipping shall be to the account of Bidder/Buyer unless stated otherwise herein.
3. Terms of Payment
Payment must be made in full within five (5) business days from the closing of auction, unless otherwise stated in the item description.
Payment to be made in full by certified cheque or wire transfer before removal of surplus equipment begins.
All bidding and transactions are in Canadian dollars (CAD), unless otherwise stated in the item description.
If a bidder/buyer fails to make full payment within five (5) business days, unless otherwise stated in the item description, from the closing of an auction, or if Mine Source Inc. wishes to disqualify a buyer/bidder/winner of an auction for any reason it sees fit, Mine Source Inc. may do so at its own discretion.
4. If the winner of an auction is disqualified, Mine Source Inc. may at its discretion offer the item to the second highest bidder for the highest price the second highest bidder registered. If the second highest bidder declines, Mine Source Inc. may at its own discretion approach the third highest bidder and offer the same scenario and so on down the bidders list. If the winner of an auction is disqualified, Mine Source Inc. reserves the right to cancel the auction at any point and re-start it or remove the item from the auction.
5. Exclusion, Rejection And Termination.
The seller has the right to exclude or revoke or terminate the participation of any Bidder/Buyer at any time should it decide, at its sole discretion, that any Buyer has violated these Terms And Conditions. Should you be dissatisfied with, or no longer require the use of this site, for any reason, your sole recourse is to immediately discontinue use of this site and settle any outstanding obligations incurred according to the Terms And Conditions contained herein.
During your use of this site you will use a login ID and password. Bidder/Buyers are solely responsible for protecting the confidentiality of their ID and password and must notify Mine Source Inc. immediately of any breach of security and/or any unauthorized use thereof.
Without limiting other remedies, Mine Source Inc. may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, Mine Source Inc. may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. Mine Source Inc. also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify services or tools.
We may amend this Agreement at any time by posting the amended terms on this site.
Bidder/Buyer accepts responsibility for and agrees to indemnify, defend and hold harmless Mine Source Inc. and the Seller their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable legal fees and expenses) related to, arising from or associated with the use of the Site of the Bidder/Buyer, his agents or representatives, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder/Buyer of this User Agreement or any use by Bidder/Buyer of the Site or as a result of a dispute with another Bidder.
6. The Bidder/Buyer shall be responsible for any damage to surrounding property, including buildings, resulting from the removal of surplus equipment and shall pay any claims resulting from such damage.
7. The Bidder/Buyer agrees, in the course of removal of surplus equipment, to abide by all related sections of the Occupational Health and Safety Act, and Regulations for Mines and Mining Plants, the safety regulations of the Seller and any and all other applicable Acts and Regulations relating to the safety of workers in industry. The Bidder/Buyer acknowledges that because it is in charge of the removal of the surplus equipment, he is the constructor as defined by the Occupational Health and Safety Act.
8. All arrangements for removal of the surplus equipment will be made through Mine Source Inc. who will, in conjunction with the Seller, set a time for removal. The seller, may, require specific notice for removal, at their sole discretion.
9. Should removal of the surplus equipment require the presence of the Bidder/Buyer, and/or their representative or agents to be involved in dismantling, removal, packaging, loading and/or shipping, the Bidder/Buyer, his representatives and/or agents must have adequate insurance coverage meeting the minimum Seller requirements; a copy of which will be provided upon request.
10. Condition; Warranty and Location
As previously indicated, the surplus equipment is offered for sale as is – where is. The descriptions of the surplus equipment for sale are based on the best available information; however, NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, WHETHER PROMISSORY OR IMPOSED BY LAW, ARE MADE BY SELLER AS TO THE QUANTITY, KIND, CHARACTER, QUALITY, WEIGHT, SIZE OR DESCRIPTION OF THE SURPLUS EQUIPMENT OR AS TO ITS MERCHANTABILITY OR FITNESS OR ANY USE OR PURPOSE, except that the Seller does warrant validity of title.
11. It is understood that the Bidder/Buyer will be responsible for and make payment of any applicable taxes, duties or extra charges applicable to the sale, with payment of the purchase price, unless proof of exemptions are supplied.
12. Release of Liability
The Bidder/Buyer hereby indemnifies and holds harmless Seller, its officers, clients, agents and Employees, from and against any claim or liability whatsoever for loss of, damage to, disposal, removal, resale or loss of any property whether purchased from Seller or owned or controlled by the Bidder/Buyer or on account of any personal injury, including death, arising out of or in any manner connected with, the sale, disposal, removal, resale or use of the surplus equipment.
13. All sales are final. Return of the surplus equipment or any part or parts thereof, refunds or credit adjustments or other considerations are not allowed without the express consent of the Seller.
14. The Bidder/Buyer does hereby agree that any material, supplies, equipment or service supplied through the good will of the Seller to facilitate the completion of this agreement are used at the sole risk of the Bidder/Buyer. Mine Source Inc. and the Seller will be held harmless by the Bidder/Buyer against any malfunction, misuse or failure of any kind related in any way to such material, supplies, equipment or services.
15. The Bidder/Buyer shall be responsible for and make application for all necessary approval and/or permits required by law in connection with the dismantling and removal of the surplus equipment.
16. The Bidder/Buyer shall completely execute the removal of the surplus equipment and leave the worksite in a condition acceptable to the Seller. Failure to meet this requirement could result in forfeiture, by the Bidder/Buyer, to the Seller, of any equipment left on site and furthermore, any expenses incurred by the Seller to put the site into acceptable condition will be the responsibility of the Bidder/Buyer who will be invoiced accordingly.
17. The Seller shall be indemnified and held harmless, by the Bidder/Buyer, for any damage, loss or destruction from any cause whatsoever, of or to the surplus equipment while it remains on the Sellers property.
18. In no way whatsoever is the Seller to be considered a bailee of the surplus equipment while it remains on the Sellers property.
19. The Bidder/Buyer also agrees that in the course of removal of the surplus equipment and following the completion of its removal that the location of the surplus equipment will be maintained and left in a safe condition, as specified by an authorized agent of the Seller.
20. All equipment offered for sale is subject to prior disposition at the Sellers discretion prior finalized sale.
21. All sales of Vale Canada Ltd. equipment are subject to the additional following sub conditions:
The Bidder/Buyer does hereby agree that any material, supplies, equipment or service supplied through the good will of the Seller to facilitate the completion of this agreement are used at the sole risk of the Bidder/Buyer and Mine Source Inc./Vale Canada Ltd. will be held harmless by the Bidder/Buyer against any malfunction, misuse or failure of any kind related in any way to such material, supplies, equipment or services.
In no way whatsoever is the Seller to be considered a bailee of the surplus equipment while it remains on Vale property.
All equipment offered for sale is subject to prior disposition at the discretion of Vale prior finalized sale.
Mine Source Inc./Vale Canada Ltd. cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder/Buyer acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Mine Source Inc./Vale Canada Ltd., in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of Mine Source Inc./Vale Canada Ltd. is final.
Auctioneer gathers information about Bidders/Buyers for the purposes of liquidating surplus equipment. Mine Source Inc./Vale Canada Ltd. does not sell or rent this information.
Mine Source Inc./Vale Canada Ltd. uses email mailing lists to notify its customers about online auctions and surplus items available. If you are receiving a particular mailing and wish to discontinue receiving future
mailings, simply forward the received email to Mine Source to have your name promptly removed from our list.
Mine Source Inc./Vale Canada Ltd. reserve the right to reject any and all bids, in their sole discretion. Mine Source Inc./Vale Canada Ltd. undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.
22. Mine Source Inc. and the Seller cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder/Buyer acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Mine Source Inc. and the Seller in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of Mine Source Inc. and the Seller is final.
23. Auctioneer gathers information about Bidders/Buyers for the purposes of liquidating surplus equipment. Mine Source Inc. and the Seller does not sell or rent this information.
Mine Source Inc. uses email mailing lists to notify its customers about online auctions and surplus items available. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Mine Source Inc. to have your name promptly removed from our list.
24. Mine Source Inc. and the Seller reserve the right to reject any and all bids, in their sole discretion. Mine Source Inc. and the Seller undertake the execution of online bidding as a convenience for clients and are not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.
As a Bidder you are responsible for any bids placed under your Username and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your account. If at any time you feel that your Username and password have been compromised due to lack of security on your part you must notify Mine Source Inc. immediately.
25. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Mine Source Inc.
26. It is mutually agreed by the Bidder/Buyer and Seller that this contract is to be interpreted in accordance with, and its administration and performance governed by, the laws of the Province of Ontario. The Bidder/buyer agrees to and does hereby attorn to the jurisdictions of the Courts of Ontario.
27. By using the Make an Offer feature, the Bidder is placing a legally binding offer at a value lower than the Opening Bid amount. The Seller has three (3) business days to accept or decline the offer from the Bidder. The offer of the Bidder is legally binding for the three (3) business days and under no circumstance may be withdrawn. Should the Seller accept the offer within three (3) business days, the offered amount of the Bidder will become the new Opening Bid amount and the auction will commence. Should the offer of the Bidder be accepted, the auction will proceed as per usual, remaining open to further bidding for ten (10) business days.
28. By signing up and creating an account, you are agreeing to receive the Mine Source newsletter. You may withdraw your consent at any time by using the unsubscribe link in the email.
END OF TERMS Version: 401.15.06.18