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TERMS AND
CONDITIONS
All bids,
information, and responses from the bidders must be submitted in writing either
by mail, fax, e-mail or by placing a bid directly on our website no later than
11:00 P. M. MST on the closing date indicated. Equipment or goods will be available for
viewing by appointment only.
All bids should be on an "as is
where is" basis, unless indicated otherwise under FOB Options and all applicable
taxes are extra. All information provided in this RFQ is for informational
purposes only and cannot be guaranteed for its accuracy.
If a
bid is not placed on our webpage, bidders
must specify whether bid is in Canadian or U.S. currency. Equipment or
goods will be available for viewing by appointment only.
CPR reserves the right to reject
any or all offers and may continue the process with different bidders. In addition, CPR reserves the right to
the following:
- to revise this RFQ at any time
by updating revision(s) at www.cpkcr.com;
to cancel this request, at any
time, without award;
to reject any or all Bids
without explanation;
to consider alternate terms
and/or conditions that may be offered unless stated otherwise in this RFQ;
to enter negotiations, at any
time after the closing date, with anyone;
to split any award resulting
from this RFQ between two or more bidders.
-
if after selection of a successful Bidder(s), there is a change in operating
conditions and other factors which dictates changes to material specifications
and/or other basic requirements of this RFQ, CPR reserves the right to
negotiate such changes with the successful Bidder(s) without going through a
tendering process.
"The Equipment or goods is offered for sale
on an "AS IS, WHERE IS, WITH ALL FAULTS" basis and CPKC
makes no representations or warranties of any kind, character, or nature,
whether express or implied, statutory or otherwise, and expressly disclaims all
warranties including any with respect to merchantability or fitness for a
particular purpose. Bidders shall be responsible to make their own determination
of the suitability and operating condition of the Equipment or goods.
"
Bidders entering onto CPR property
for the purpose of making such determinations agree to indemnify and save
harmless, CPR from and against any and all losses, damages, liabilities, claims,
suits, demands judgments, costs and expenses for damage to any property, or
injury or death to any person, or any costs or expenses incurred by CPR, caused
or contributed to by the bidder or resulting from the failure of the bidder to
comply with any regulations or directives of CPR.
BINDING NATURE OF
BIDS
Each Bid is an offer, which, if
accepted by CPR, will constitute a contractual obligation of the Bidder to
acquire the products and services substantially in accordance with the terms of
the proposal. Bids are final when received and may not be subsequently altered
unless Bidder is requested to do so by CPR. By submitting a Bid, Bidder
represents and agrees as follows: the Bid, and all accompanying documentation
submitted with or in connection with it, becomes the sole property of CPR when
submitted and will not be returned; and the claims, statements, and
representations made in the Bid, together with the claims, statements and
representations made in the documentation and other materials supplied with it
or referred to in it, are contractually binding representations and warranties
of the Bidder(s) made for the benefit of CPR. In the event that the Bid is
accepted or conditionally accepted by CPR, Bidder agrees that CPR has relied on
such claims, statements and representations and that they form CPR's minimum
acceptable requirements and will be incorporated, referenced or reflected in the
final agreement negotiated by the parties; and Bidder accepts and will adhere to
the provisions of the RFQ in respect of which this proposal is
submitted.
CONFIDENTIALITY
This RFQ and any and all
information supplied by CPR or obtained by Bidder in connection with the
preparation and submission of any proposal under it is confidential and
proprietary to CPR and shall not be disclosed or used by Bidder except as
permitted in this paragraph, without the prior written consent of CPR. All such
information shall remain the property of CPR and is to be used by the recipient
solely for the purpose of evaluating, preparing and submitting a proposal in
response to this RFQ. In the event Bidder is required to release this RFQ or any
of the information referred to above to any third party for the purpose of
preparing or submitting any proposal, Bidder shall first obtain from such party
its written agreement to be bound by the provisions of this paragraph. The
provisions of this paragraph shall not apply to any portion of this RFQ or the
information referred to above that is released to the public by CPR or that the
Bidder can reasonably demonstrate that it obtained from public
sources.
Except as otherwise provided in
this RFQ, CPR will keep confidential the specific details of each proposal, and
use such information only for the purposes contemplated in this RFQ. Provisions
in proposals concerning the confidential and/or proprietary nature of the
information disclosed in such proposal are, to the extent they differ from the
foregoing, rejected by CPR.
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