Conditions of Acquisition (dredged material)
Conditions of Acquisition (dredged material)
1. WITHDRAWAL
The Government of the Northwest Territories, hereinafter referred to as ‘the Government’, reserves the right to withdraw from the acquisition any material which has not already been acquired or, if acquired, has not been removed by the Recipient, without incurring any liability.
2. CONDITION OF MATERIAL
The material listed herein is offered for acquisition “as is – where is”. The Government makes no warranty express or implied as to the condition of the material or its fitness for any use or purpose.
3. REMOVAL
The Recipient, upon acceptance of this offer by the Government, shall at his expense, pack, load and remove the material at the mutually agreed-upon time between the Government and the Recipient within the dates presented on the Application for Dredged Materials 2025 form, unless otherwise specified by the Government.
4. FAILURE TO REMOVE
Should the Recipient fail to remove the material in accordance with Paragraph 3, the Government without prejudice to any other remedies, may cancel the offer without notice to the Recipient and retain as liquidated damages any deposit or amount paid on account of the property. The Recipient shall lose all claim to and interest in the material and may be held responsible for all loss, cost and expense incurred by the Government due to his failure or default.
5. QUANTITIES
Quantities of material acquired will be estimated by the Government..
6. DAMAGE TO PROPERTY
The Recipient shall be responsible for any damage to property resulting from removal of the acquired material.
7. UNDISCLOSED PRINCIPAL, BRIBES, ETC
The Government reserves the right to cancel the acquisition and limits its liability if the material is acquired on behalf of an
undisclosed principal; the same shall apply if the acquisition is brought about by a bribe, gift, or gratuity, or other inducement, to any official, employee or agent of the Government.
8. LIABILITY
The Government does not assume any liability for injuries, either direct or indirect, suffered by any person or the death of any person, or for any loss of or damage to any property arising out of the inspection, handling, acquisition, use or disposal of the material listed herein.
9. CONTRACT
This Application for Dredged Material 2025 form together with the Government’s form of Acceptance, shall, when executed, constitute the entire agreement between the Recipient and the Government.
10. LEGISLATIVE ASSEMBLY
No member of the Legislative Assembly of the Northwest Territories shall be admitted to any share or part of the contract or to any benefit to arise therefrom.