Sales Terms

All items are being sold as is, where is. BILL OF SALE TERMS AND CONDITIONS: This sale of Goods is made only on the express condition that the Purchaser agrees to the Terms and Conditions contained below, and on the face and the Purchaser's acceptance of Goods, shall constitute the final agreement to such terms. 1. TITLE TRANSFER: Title transfer of the Goods, from Teck to Purchaser, will be effective upon execution of this Bill of Sale. 2. ASSUMPTION OF RISK: The Purchaser assumes all risks associated with the Goods, including arising from defects in Goods from removal, storage, resale or disposal of Goods from the time of execution of this Bill of Sale, irrespective of when the Total Price and applicable taxes are transferred. The Purchaser acknowledges that Teck will not carry any insurance or provide replacement Goods if there is any further damage to the Goods between the time of execution of this Bill of Sale and the Purchaser’s removal of the Goods. Teck will not materially alter its previous storage and care efforts with respect to the Goods, but will not take any additional steps to guard the Goods from harm. The Purchaser is strongly encouraged to have the Goods covered by insurance from the time of execution of this Bill of Sale. 3. REPRESENTATION AND WARRANTY LIMITATIONS: The Purchaser agrees and understands that the Goods are sold on an "as is, where is – with all faults" condition; Ex Works (EXW – Incoterms 2020). Teck warrants title to the Goods, but makes no representation or warranty of any kind, express, implied or statutory as to the mechanical ability, fitness for a particular purpose, or any other matter with respect to the Goods, whether used along or in connection with other substances. Teck’s description of the Goods does not constitute a warranty or representation, and is for the sole purpose of identifying the Goods for sale. 4. REMOVAL: The Purchaser will remove the Goods from present location by the Removal Date identified on page 1 of this Bill of Sale. The Purchaser will conduct the removal in a diligent and workman like manner, and include the clean-up and removal of all items, waste or debris associated with the Goods and transport off of Teck property as part of the Removal of Goods. If the Purchaser does not remove the Goods by the identified Removal Date, Teck will be entitled to charge a daily storage fee of $CDN , and will be payable in full, including applicable taxes, by Purchaser prior to removal of the Goods from Teck property. Purchaser agrees that Teck’s collection of any such storage fees does not create any landlord or warehouse and tenant relationship between Teck and the Purchaser, and Teck will not be required to comply with any legal obligations, including statutory obligations or equitable law, applicable to such relationships. 5. CLAIMS AND LIMITATION OF LIABILITY: Teck’s maximum liability for any claims related to this Bill of Sale or the Goods, including their removal, will be the return of the Total Price, including any claims in equity, or for claims of fraud, negligence, or any misrepresentation. If the Purchaser has not yet transferred the Total Price to Teck, Teck will have no liability to the Purchaser whatsoever. In no event shall Teck be liable for any direct or indirect loss or damages (whether incidental, consequential or otherwise) or for any other claims directly or indirectly in connection with the sale or delivery of the Goods itemized in this Bill of Sale, including any costs incurred by the Purchaser in related to inspection of the Goods or concluding their purchase or executing this Bill of Sale. 6. HAZARDS WARNING: The Purchaser acknowledges that the Goods may bear, contain or may have come into contact with hazardous chemicals, hazardous materials which may be or may become by chemical reaction or otherwise directly or indirectly, hazardous to life, health or property. No special or additional warning shall be deemed to limit this broad warning. The Purchaser shall observe and comply