Salvage and Procurement:Terms and Conditions

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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.cpr.ca;
  • 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 Canadian Pacific Railway 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.