Terms and Conditions - Terms of Use and Sales Agreement

Definitions

“City” means the City of Edmonton, a municipal corporation in the Province of Alberta.
“Goods” means the items offered and sold to the Purchaser through the Service.
“IronPlanet” means IronPlanet, Inc., a Delaware corporation.
“Online Auction Sales Receipt” means the summary page showing the Goods and price.
“Purchaser” means the winning bidder for the Goods and as identified in the Online Auction Sales Receipt.
“Sale Date” means the end date of the auction when the winning bidder is awarded the purchase agreement.
“Service” means the platform for online auction offered by IronPlanet that allows users to view the goods and place bids.

Terms of Use

1. Purpose of Service – You may use the Service solely for the purposes of viewing and bidding on goods offered and not for any other purpose. This Service may only be used by persons who lawfully enter into and form contracts under the laws of Alberta. Without limiting the generality of the foregoing, persons under the age of 18 may not use this Service.
2. Irrevocable Bids and Final Sales – Bids are irrevocable and you must complete the transaction if you are the Purchaser. All sales are final.
3. Pricing - Unless otherwise specified in writing, all prices are in Canadian Dollars. All sales are subject to the Goods and Services Tax (GST). For international sales, other charges may apply, such as custom duties.
4. Reserved Rights – The City reserves the right to accept or reject any and all offers, add or remove items at any time without notice, and discontinue the Service at any time without notice.
5. FOIP – By using this Service, you agree that your information is being collected by the City under the authority of Section 33(c) of Freedom of Information and Protection of Privacy Act (FOIP) and may be used for the purposes of using this Service, entering into a sales agreement, and other activities associated with the sales agreement or the goods. Personal information in the custody or under the control of the City is protected in accordance with the privacy provisions of FOIP. If you have any questions about the collection, use and disclosure of your personal information, you may contact surplus@edmonton.ca ph#780-496-2742 address 10544 105 st Edmonton, Alberta T5H 2W7.
6. Copyright – The City retains all copyright in its logo, all documents made available to you through the Service, excepting the copyright owned by IronPlanet.
7. Limitation of Liability – TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE CITY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GODOS OR SERVICES, EVEN IF THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Remedies – If you breach any of these Terms and Conditions, the City may, in its sole discretion, take any steps it determines necessary, including but not limited to removal of your bids and termination of your use of the Service.

Sales Agreement

1. The City agrees to sell and the Purchaser agrees to purchase the Goods in accordance with the terms of this sales agreement, which consists of these Terms and the Online Auction Sales Receipt.
2. Payment –The Purchaser will make all payments in accordance with the Online Auction Sales Receipt within three (3) business days of the date of the sale, unless otherwise specified in writing. There are no returns, refunds, or adjustments. All sales are final. Payment shall be in the form of electronic payment using a credit card accepted by IronPlanet, unless otherwise specified in writing.
3. Removal – Unless otherwise specified in writing, the Purchaser will at its sole expense prepare the Goods for removal and remove the Goods within five (5) business days after the date of the sale.
4. No warranty – The Goods are sold “AS IS, WHERE IS”. To the maximum extent permitted by applicable laws, the City disclaims all warranties and conditions, including without limitation, any implied warranties or conditions of merchantability and fitness for a particular purpose and any implied conditions under the Sale of Goods Act, RSA 2000, c S-2. Any statement or representations made by any person with respect to the Goods, other than as contained in this Agreement, are void.
5. Risk of Loss – All risk and liability with respect to the Goods passes to the Purchaser on the date of sale and the City is not liable for any third party claims, damages or losses whatsoever arising from or with respect to the Goods howsoever caused.
6. Failure to Pay or Remove - If the Purchaser fails to remit payment or remove the Goods in accordance with these Terms and Conditions, then: (a) in addition to any other remedies, the City may cancel the sale and terminate the Purchaser’s use of the Service, and the Goods may be resold; and (b) the Purchaser forfeits the Goods and is responsible for any costs incurred by the City, including but not limited to handling and storage costs.
7. Governing Law – This agreement is governed by the laws of the Province of Alberta.