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INTRODUCTION:
Welcome to the Salt River Project Investment Recovery Services site. By using the services available from the domain https://ir.srpnet.com (the “Site”) you are agreeing to the following terms (the “Agreement” or “User agreement”) including the Privacy Policy, with Salt River Project. If you have questions please refer to the Contact section on the Site.
USING THE SALT RIVER PROJECT INVESTMENT RECOVERY SITE:
By agreeing to the terms of the agreement when you register to use the site:
• You affirm that you are able to form legally binding contracts, are over the age of 18 and have never been suspended from the site;
• You will deliver timely payment for property purchased by you;
• You will not distribute viruses or any other technologies that may harm the Site;
• You will not collect or attempt to collect information about users, including email addresses. The Host may limit, suspend, or terminate service of the Site, accounts, prohibit access to the Site and take technical steps to keep users off the Site if users are creating problems or otherwise violating this Agreement.
• You understand that all auctions will start and end in Arizona time.
• When you are the winning bidder, you are obligated to pay the high-bid price for the item of property. Retracting bids is not allowed on the Site.
FEES AND SERVICES. Registering on the Site and bidding on property listed is free. A 10% Buyer’s Premium will be added to the final invoice of the winning bid.
TERMS OF SALES. 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 or Buyer’s Agent performs dismantling or other work on property owned or controlled by SRP, Buyer or Buyer’s Agent 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.
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.
No equipment will be held on reserve for potential purchase. All sales are contingent on availability of equipment.
If goods are not removed by the Buyer within the stated timeframe, such goods will be deemed abandoned by the Buyer and all monies paid to Seller for the purchase of such Goods shall be forfeited by Buyer. Buyer shall also forfeit the right to purchase and Seller shall have the right to resell such Goods.
PAYMENT. Buyer must contact Seller within seventy-two (72) hours of auction end, and make arrangements for payment at that time. If no contact is made within seventy- two (72) hours Seller reserves the right to re-list the Property, sell it to the next high bidder, or sell it otherwise. Payment shall be accepted by wire transfer [please see wire transfer instructions], cashier’s check or money order. Personal checks will not be accepted unless Buyer has made advance arrangements with the Seller. Cash, credit and debit cards will not be accepted under any circumstances. Any sales or other taxes, whether federal, state or local, arising from or in connection with the sale of the Property or performance of a Sale or transportation of the Property shall be paid by Buyer.
LIABILITY AND INDEMNIFICATION OF HOST AND SELLER. Buyer agrees to indemnify, hold harmless and defend Host and Seller (and Host’s and Seller’s officers, directors, agents, subsidiaries and employees) against all losses, claims and liabilities, including attorneys’ fees, arising out of or resulting from the sale, transfer, possession, transportation, storage, installation, maintenance, operation or use of the Property.
PICK-UP OF PROPERTY. Buyer shall be responsible for Property pick-up or arranging shipping of the Property from Seller’s premises at Buyer’s expense during Seller’s normal business hours in accordance with the date to be determined by Seller. Buyer shall make pick-up arrangements with Seller within 72-hours of award. If such Property is not so removed from Seller’s premises by the agreed upon time, Seller may remove the Property at Buyer’s expense or resell the Property to another party free of any interest to Buyer. When Buyer’s employees, contractors or agents are on Seller’s premises, all such employees, contractors and agents shall comply with and be bound by such reasonable rules, policies and procedures as may be adopted by Seller from time to time with respect to Seller’s premises and persons on Seller’s premises and shall execute and deliver to Seller such related forms and releases as Seller shall require in connection therewith.
REPRESENTATIONS AND WARRANTIES. Buyer warrants that if any Property is inscribed with Seller’s or its affiliates’ markings, logos or other inscriptions, Buyer shall not by any action or other means cause or allow the Property to be associated with the Seller or its affiliates for any purpose whatsoever. The presence of such logos, inscriptions or other markings on the Property shall in no way limit, alienate, transfer or otherwise diminish any of Seller’s or its affiliates rights in such markings, logos or inscriptions whether by copyright, trademark, patent or otherwise. Buyer agrees not to resell the Property unless all of Seller’s and its affiliates’ markings, logos and other identification shall have first been removed. Buyer agrees that neither Host nor Seller has made any representation, warranty, statement of fact or promise or expression of opinion to Buyer with regard to the Property, and is not now and was not heretofore under any duty to do so. Buyer has confirmed to its satisfaction that the Property does not consist of or include any hazardous materials or hazardous waste. Buyer agrees that neither Host nor Seller has provided any description, model or sample of the Property. The person bidding on behalf of Buyer warrants that he or she is duly authorized and has full power to execute a purchase for Buyer.
GOVERNING LAW. Each sale shall be governed by the laws of the State of Arizona.
NOTICE. Notices shall be served on Seller at: SRP Investment Recovery, PO Box 52025, KYS102, Phoenix, AZ 85072-2025. Seller shall serve notice at Buyer’s address provided at registration.
ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between Buyer, Seller and Host with respect to the Property and the Site, and all prior communications or agreements concerning the Property or the Site are hereby declared suspended by this Agreement. The terms and conditions contained herein shall prevail notwithstanding any variance with the terms and conditions of any printed purchase order or other documents submitted by Buyer with respect to the Property or the Site.
AMENDMENTS. Host may amend this Agreement at any time by emailing the amended terms to registered Buyers. All amended terms automatically take effect thirty (30) days after they are initially emailed to Buyer.
SRP Website Terms & Conditions
Thank you for visiting the website of Salt River Project (SRP). This page explains our policies regarding your interaction with this site and SRP's electronic publications including emails. Please check this page periodically for updates.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ENTER THE SITE. By using an SRP website, you agree to be legally bound by the terms and conditions of this Agreement current at the time of your use. Therefore, you should periodically review this Agreement. If you do not wish to be bound by this Agreement, you may not use this site.
Copyright
Unless otherwise indicated in this site, the information and materials available through this site are the property of SRP and/or its subsidiaries and affiliates and are protected under U.S. and foreign copyright, trademark and other intellectual property laws. No intellectual property or other rights in and to the information and materials on this site are transferred to visitors to this site.
Permissions
You may not reproduce or distribute copies of materials found on this site (including, but not limited to text, logos, graphics, sounds or images) in any form (including by email or other electronic means), without prior written permission from SRP. Instead, we encourage you to tell others how to access the materials directly through this site. This policy does not, however, prohibit a person from emailing certain pages from this site to other persons where we have provided a link for that purpose. Send requests for permission to reproduce or distribute materials found on this site to webmaster@srpnet.com.
Framing
You may not frame any of the content of this site or incorporate it into another website.
Logos
Use of SRP's corporate logo is not permitted on another entity's website or printed materials without SRP's prior written consent. To request logo usage, send an email with detailed information about the proposed use to webmaster@srpnet.com.
Consent
Commercial use, broadcasting or otherwise disseminating any site content in any media, without the prior written consent of SRP, is strictly prohibited. For example, you may not post any content from the site to news groups, list serves or electronic bulletin boards, or copy, transcribe, redistribute, retransmit or rebroadcast any webcasts or other audio content, in all or in part. SRP reserves the right to restrict access to this Site and add, discontinue or modify any authorizations to use the site.
Personal information
Personal information you enter in this site is governed by SRP’s Privacy Policy. By use of this site, you acknowledge that you have read and agree to SRP’s Privacy Policy. SRP may change the Privacy Policy at any time without notice or obligation. You should therefore periodically review the privacy policy.
Account access
Certain areas of our site, such as those regarding your account information, are restricted to authorized users through the use of passwords. If we grant you authorization by way of a password to use a restricted area, you agree that you are responsible for maintaining the confidentiality of your password and account information. You also agree to immediately notify SRP of your knowledge of any unauthorized use of your account or any other breach of security in relation to the site. Unauthorized users who access, or attempt to access, the restricted areas may be subject to prosecution.
Email
While we appreciate receiving email from our site visitors, please note that information transmitted via email is not secure and will not be treated as confidential.
Viruses
SRP does not warrant that this site or the server that it makes available is free of viruses or malware. Although SRP takes reasonable precautions to ensure no viruses are present in emails it sends and receives, SRP accepts no responsibility or liability for any loss or damage arising from the use of email or their attachments, or for any viruses or errors or delays in the contents that result from email transmissions.
Online conduct
You agree to use this site only for lawful purposes. As such, you are prohibited from posting on or transmitting through this site any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable or illegal material of any kind. If SRP is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by you, SRP may investigate and in its sole discretion remove or request the removal of such material. SRP may disclose any material or electronic communication of any kind and the sender of such material or communication (a) to satisfy any law, regulation, or government request; (b) if SRP deems such disclosure necessary or appropriate to operate this site or SRP; or (c) to protect the rights or property of SRP, its subsidiaries, affiliates, suppliers, other site users or third parties.
SRP reserves the right to prohibit your conduct, communication, and material on this site that it deems in its sole discretion to be harmful or that violates any applicable law. Notwithstanding the foregoing, SRP cannot ensure prompt removal of questionable material after online posting. Accordingly, neither SRP, nor its officers, directors, employees, suppliers or agents shall assume liability for any action or inaction with respect to conduct, communication, or user material on this site.
Liability
SRP reserves the right to modify or, temporarily or permanently, discontinue this site with or without notice to you. You agree that SRP shall not be liable to you or any third-party for any damage or loss caused or alleged to be caused by or in connection with the modification or discontinuance of this site.
Disclaimer
SRP does not warrant the accuracy, completeness, timeliness, noninfringement, merchantability, suitability or fitness for a particular purpose of the information and materials made available through this site.
To the maximum extent permitted by applicable law, in no event shall SRP be liable for any special, indirect, incidental or consequential damages whatsoever arising out of or resulting from (i) the use of, or inability to use, data, documents or information made available on this site or other Web sites linked to this site, or (ii) content errors, omissions or infringing material, including without limitation lost profits, damages for loss of goodwill, work stoppage, computer failure or malfunction or any and all other damages or losses, even if SRP is advised of the possibility thereof and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
SRP may make improvements and/or changes to any product(s) or service(s) described in this site at any time. SRP does not guarantee that any product or service described in this site will be continuously available. The information on this site is periodically updated.
The documents and related graphics published on this site could include typographical errors or technical inaccuracies.
Revocation of access authorization
SRP reserves the right to revoke any or all access and use authorizations granted to site visitors.
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