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Victor Surplus Ltd.
P.O. Box 21029 Spruceland RPO V2M 7E8
Prince George, BC
(250) 563-5209

Payment & Sales Agreement


Definitions: Wherever used, the term "Seller" shall mean Victor Surplus Equipment Ltd, the term "Purchaser" shall mean the party whose name appears on the Seller's invoice and the term "Equipment" shall mean the items listed or described on the Seller's invoice.

Terms of Sale: Cash, certified cheque or wire transfer, in full, before removal.

Conditions of Sale: "As is" with all faults and defects that the Equipment may contain and with no warranties expressed or implied.

The Purchaser acknowledges that the Seller has not made any warranties or representations to the Purchaser whatsoever and in particular as to the serviceability or availability of spare parts or safety or operating costs or economy of the Equipment or the difficulty or simplicity of repairs or parts and service availability or of the expense of operating and maintaining or repairing the Equipment, all of which matters have been investigated by the Purchaser before the date of the Agreement. The execution of the Agreement by the Purchaser is an absolute release by the Purchaser of the Seller from any and all claims which the Purchaser has or may hereafter have in respect of the Equipment (including those resulting from negligent acts or omissions). The Purchaser acknowledges that it has inspected all of the Equipment before purchase or has waived such right, and recognizes that there may be hidden conditions which would not be revealed by such inspection. The Seller is not in any way responsible for these or by anything directly or indirectly caused by any such conditions.

Title & Risk: Title in the Equipment does not pass to the Purchaser until the Purchaser removes the Equipment under the terms of this Agreement. However, the Equipment is at the risk of the Purchaser from the date of the signing of this Agreement and the Purchaser should take out such insurance on the Equipment as it sees fit, effective when the Agreement is signed.

Location of the Equipment: If the Purchaser asks the Seller to assist moving the Equipment in any way or distance, regardless of length, such assistance, if provided by the Seller, shall not render the Seller liable in any way for costs, delays, breakdowns or any other thing or circumstance resulting from the rendering of such assistance. Additionally, the Seller shall not be liable for failing to provide such assistance.

The Purchaser agrees to indemnify and save the Seller harmless from any loss, damage or cost suffered or incurred by the Seller as a result of any actual or threatened cause of action, or claim, made by any person on the basis of any act or omission, negligent or otherwise, whatsoever of the Seller and its employees in relation to the moving of the Equipment under this Agreement.

Unless agreed otherwise, the Purchaser shall remove the Equipment within thirty (30) days of the date of this Agreement. The Purchaser agrees to remove anything on the Equipment that indicates that it belongs to the Seller, including logos, labels, and names of the Company.

Any assistance provided in loading or shipping the equipment will be charged at our cost.

The Purchaser agrees that the Seller is not in any way responsible for the security or safekeeping of any Equipment purchased under this Agreement before collection by the Purchaser.

All sales under the terms of this Agreement are final. There will be no refund of all, or any part, of the purchase price if the Purchaser is not satisfied with the Equipment.

Purchaser is hereby warned and Purchaser acknowledges that it is aware that the Equipment may include matter which can be hazardous in operation or which may contain hazardous chemicals or hazardous materials which may be, or may become, by chemical reaction or otherwise, directly or indirectly, hazardous to life, health or property. The Equipment may also lack instruction, manuals, necessary safety devices and/or electrical protection which could create, lead to or contribute to any hazardous condition. Purchaser is hereby advised that it should warn any person who may be exposed to any of the foregoing hazards and that it should install any safety device or other type of protection which may be necessary or appropriate before making any use of the Equipment. Purchaser hereby releases and discharges the Seller from and agrees to hold the Seller harmless from and to indemnify the Seller against any and all liability directly or indirectly resulting from the presence of any of the above-described chemicals, or hazardous conditions or resulting from the Seller's failure to give more specific or detailed warning or from the inadequacy of any such warning. Purchaser shall be considered the sole generator of any waste resulting from the dismantling, removal, transportation, use or disposition of the Equipment.

The Purchasers, the Purchaser's contractors, subcontractors and any other party acting for or on behalf of the Purchaser shall comply with all applicable laws, regulations, requirements and standards relating to or affecting the Purchaser's dismantling, removal, and transporting of the Equipment. Purchaser also shall comply with all of the Seller's safety requirements, rules and regulations applicable at the site where the Equipment is located. The Equipment may not be removed from the Seller's property by any party other than the Purchaser without the Seller's prior written approval.

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