SEPTA

Southeastern Pennsylvania Transportation Authority Serving Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties

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Material Sales Terms & Conditions

Sale Of Equipment, Surplus Material & Scrap

THE FOLLOWING TERMS AND CONDITIONS SHALL BIND BUYER OFFEROR ("OFFEROR") AND SHALL BE A PART OF ANY CONTRACT BETWEEN SEPTA AND BUYER. SEPTA RESERVES THE RIGHT BUT DOES NOT HAVE THE DUTY TO REQUIRE ADDITIONAL CONDITIONS IN A FORMAL AGREEMENT IN FORM APPROVED BY THE SEPTA OFFICE OF GENERAL COUNSEL.

The successful offeror shall comply with all applicable laws, statutes, ordinances and regulations of the Commonwealth of Pennsylvania and City of Philadelphia and the Counties of Bucks, Chester, Delaware and Montgomery as their interest may appear as such relate to this transaction and shall do so at no cost or other burden to SEPTA.

Any award(s) for the sale of salvage scrap equipment material maybe subject to the concurrence of the United States Department of Transportation.

All offerors are required to personally fully inspect and evaluate the condition of all the material prior to the offer opening and the failure by any offeror to do so shall not in any way relieve the offeror of the obligation to honor their offer, notwithstanding the actual condition of the material offered by sale. Offeror is hereby put on constructive notice of the condition of all such equipment.

Seller reserves the right to accept any offer or part of any offer pursuant to its Purchasing Regulations and Procedures or to reject any or all offers or any part of any offer as Seller deems to be in the best interest of the Authority. SEPTA further reserves the absolute right to withdraw any or all items offered for sale prior to award at the sole discretion of the Authority without prior notice or approval of any offeror(s). Any offeror(s) taking any exception may be subject to rejection at the sole reasonable discretion of SEPTA.

Award(s), if any, will be to the highest responsive and responsible offeror(s) for that item or combination of items for sale as deemed in the best interest of the Authority.

Removal of Material and Time of Performance:
It is the sole responsibility of the successful offeror buyer to promptly and properly remove the material awarded and sold to them from the storage location. All such material shall be removed within 30 Calendar Days after the effective date of SEPTA's Notice of Proceed. Removal shall be made by buyer with all due care for SEPTA's property, and in a reasonable manner.

Status Condition of Material - AS IS, WHERE IS - NO WARRANTIES EXPRESS OR IMPLIED.  The material is offered for sale "AS IS WHERE IS" and in salvage scrap condition.Buyer is responsible for all loading and labor and permits required for the removal of listed material.Buyer is obligated to inspect all material prior to presenting their offer and is in constructive notice of all aspects of its conditions. All material sold hereunder is "AS IS - WHERE IS" with NO WARRANTY OF MERCHANTABILITY OR FITNESS NOR ANY OTHER WARRANTY EXPRESS OR IMPLIED, EXCEPT FOR THE WARRANTY OF TITLE.

Simultaneously with the execution of the documents formalizing this transaction, the Buyer shall furnish SEPTA with certificate of insurance and any other documents, which SEPTA may require such as copies of policies or endorsements as evidence of compliance with these insurance requirements, which are an integral part of the contract.

Buyer assumes all risks of owning, transferring, using or selling any and all items upon receipt by Buyer under subject offer. Buyer agrees as an express condition of sale to execute a "hold harmless" Indemnification Agreement on behalf of Seller, prior to receipt of goods hereunder by Buyer.

Buyer agrees to completely remove any and all trademarks, logos, labels, distinctive markings and designs of Seller which may appear on the salvage scrap articles at the time of release by Seller of said items of immediately thereafter, unless otherwise agreed to or required by SEPTA in writing.

Force Majeure: Seller shall not be liable for its failure to perform hereunder due to any contingency beyond its control, including but not limited to acts of God, fires, floods, wars, sabotage, accidents, labor disputes, theft, civil strife or governmental laws, statutes, ordinances, rules and regulations or circumstance beyond Seller's control. Buyer shall pay Seller for all items awarded at the price (s) as set forth in Buyer's proposal prior to receipt by Buyer of SEPTA's pickup order.

On receipt of SEPTA's Pickup Order by Buyer, title to all items sold under that order shall immediately vest in Buyer, and all risk of loss of any and all items included hereunder shall immediately thereupon pass to and vest in Buyer. Buyer shall not be relieved of any payment or other obligations hereunder on account of loss or damage to any item, whether or not due to Seller's negligence, on account of vandalism or other acts by third parties.

Payment is to be made in full in the form of a Company Check of a solvent bank payable to the "Southeastern Pennsylvania Transportation Authority" (SEPTA) before shipment or pick-up by Buyer (whichever first occurs) for material item(s) purchased by Buyer.