GENERAL CONDITIONS OF SALE
1. WITHDRAWAL –Seller reserves the right to withdraw from the sale any property which has not been removed by the Offeror, without incurring any liability except to refund to the Offeror the amount paid on account of such property.
2. CONDITION OF PROPERTY – The property listed herein (the “Property”) is for sale “as-is-where-is”. The description of the Property is based on the best information available to Veracity and Seller. However, Veracity and Seller expressly disclaims all written, oral, express or implied warranties including any statutory warranties, and including any warranties of merchantability, fitness for purpose, freedom from the infringement of patents or other privately held rights and including any warranties as to the quantity, kind, character, quality, use or the results of the use, weight, size, functionality or description of any of the Property.
3. PAYMENTS –The Offeror agrees to make payment prior to the time of removal of the items. The Offeror agrees that payment shall be made via certified payment method including certified cheque, electronic fund transfer, money order, or a bank draft.
4. TITLE – Unless otherwise provided in the offer, title to the Property sold hereunder shall vest in the Offeror as and when removal is effected.
5. REMOVAL – The Offeror, upon acceptance of this offer by Seller and payment by the Offeror, shall at his/her expense, pack, load and remove the Property. Arrangements to be finalized with the contact identified in the Offer.
6. The Offeror is solely responsible for: (i) obtaining all import/export permits, licenses and permissions, (ii) complying with all applicable laws, regulations and conditions in connection with such permits, licenses and permissions, and (iii) the payment of all duties and brokerage fees.
7. FAILURE TO REMOVE – Should the Offeror fail to remove the property in accordance with Paragraph 5, Seller without prejudice to any other remedies, may cancel the contract without notice to the Offeror and retain as liquidated damages any deposit or amount paid on account of the Property. The Offeror shall lose all claim to and interest in the Property and will be held responsible for all loss, cost and expense incurred due to his/her failure or default.
8. CLAIMS – The Offeror shall not be entitled to contest the accuracy of any information in this document unless notice in writing, setting forth particulars of the Offeror’s claim, shall have been received by Veracity and Seller at its address shown on the face of the Offer to Purchase Form within thirty (30) days following acceptance of this offer, or within ten (10) days following removal of the Property in respect of which such claim is made, whichever is the earlier. No claim will be considered unless such Property is still held by or held on the Offeror’s premises for inspection by a representative of Seller.
9. DAMAGE TO THE PROPERTY – The Offeror shall be responsible for any damage to the Property resulting from the handling, packing, loading, removal and use of the Property sold.
10. ADJUSTMENTS – If, through withdrawal, damage, loss or error, the Property cannot be delivered to the Offeror, Seller’s liability shall be limited to a refund of the purchase price.
11. LIABILITY – In no event shall Veracity or Seller be liable to the Offeror for injuries suffered by or the death of any person, or for any loss or damage to any property arising out of the inspection, handling, removal or use of the property listed herein, whether based on contract, tort including negligence, strict liability or otherwise. The Offeror shall indemnify and save harmless Veracity and Seller from and against any and all claims, demands, actions, suits or proceedings of whatever nature including all costs and expenses incurred in connection therewith, brought or instituted by a third party, and based on or arising out of the inspection, handling, removal or use of the Property.
12. CONTACT – This Offer to Purchase form, together with the form of Acceptance, shall, when executed, constitute the entire agreement between the Offeror and Seller and time shall be deemed to be of the essence in all respects thereof.
13. SURVIVAL – The provisions of sections 2, 3, 4, 5, 6, 7, 8, 10, 11, and 13 shall survive the term of this Agreement.