GCSurplus terms and conditions

1. BID SOLICITATION AND STANDARD INSTRUCTIONS-Definitions
    
   
   1. "Bidder" means the party or parties that have legal capacity to enter into a contract who has placed a bid on a surplus Good on GCSurplus.
   2. "Canada" and "Crown" means His Majesty the King in right of Canada as represented by the Minister of Public Works and Government Services (PWGSC) and any other person duly authorized to act on behalf of the Minister or, if applicable, an appropriate Minister to whom the Minister of Public Works and Government Services has delegated his or her powers, duties or functions and any other person duly authorized to act on behalf of that Minister;
   3. "GCSurplus" means the organization within the Department of Public Works and Government Services that operates the online auction site with the same name;
   4. "GCSurplus" also means the online bidding system owned and operated PWGSC for the disposal of Goods;
   5. "Good" or "Goods", "Asset" or "Assets" means the surplus Crown-owned assets that are deemed surplus to the requirements of the Government of Canada, and those assets owned by other governments, bodies or persons in Canada or elsewhere, deemed to be surplus to their needs, for which they have contracted with GCSurplus/PWGSC to dispose of such assets on their behalf, listed on the GCSurplus web site;
   6. "Offer to Purchase" means any bid submitted by a User on GCSurplus;
   7. "Purchaser" means the party or parties that have legal capacity to enter into a contract, who have submitted the highest, compliant Offer to Purchase with respect to the Goods and who agree to make payment in full for the Goods purchased and to remove the Goods when directed to do so by GCSurplus/PWGSC;
   8. "PWGSC" means the Department of Public Works and Government Services, as established under the Department of Public Works and Government Services Act, R.S. 1996 c.16.;
   9. "User" means a person that has completed a valid registration on GCSurplus and has agreed to be bound by these Terms and Conditions.
   10. "Work" under this Part 3 shall mean all activities, services, assets, equipment, matters and things required to be done, delivered or performed by the Purchaser under the Contract pursuant to the sale of surplus asset.
2. TERMS AND CONDITIONS OF USE OF GCSURPLUS WEB SITE
    
   
   1. General
       
      
      1. GCSurplus is the on-line secured bidding service operated by PWGSC;
      2. GCSurplus provides a method whereby Users may submit an Offer to Purchase Goods on-line;
      3. Listings of Goods on GCSurplus are public;
      4. In order to make an Offer to Purchase, you must first be registered as a User;
      5. You agree that you will provide true and accurate information about yourself, at the registration stage such as your name, your address, phone number(s), e-mail address and password. Your personal information is protected under the Privacy Act. Please review the Privacy Notice Statement;
      6. As a User of GCSurplus you agree that you are bound by the Terms and Conditions of Use; as well as the Terms and Conditions of Sale should you make a bid for any Good;
      7. At the registration stage, when you click "I agree", you acknowledge that you have read, understood and accepted the Terms and Conditions of Use and the Terms and Conditions of Sale;
      8. Upon registration you will receive an e-mail notification containing an activation link to confirm your registration and grant you access to GCSurplus. You must complete this step to finish the registration process;
      9. PWGSC may discontinue GCSurplus without giving you notice;
      10. Although PWGSC makes every effort to ensure accuracy, it does not warrant the accuracy or the completeness of the information provided on the GCSurplus website or that GCSurplus will function without error, failure or interruption;
      11. You will not bring or institute any action, claim or legal proceeding whatsoever, against the Government of Canada for any loss or damage of any kind arising from the use of GCSurplus;
      12. You may cancel your registration by selecting the Cancel Registration option under "My Registration". Users and Purchasers continue to be responsible for all Offers to Purchase or contracts entered, and cannot cancel their accounts until they fulfill their contractual obligations;
      13. A bidder shall only be entitled to register one account. Multiple registrations of user accounts by one bidder is considered an abusive use of the system and the consequences of doing so shall include immediate termination from participation on any GCSurplus auctions.
      14. GCSurplus may cancel your registration without notice if any of the following situations occur:
          
          
          1. PWGSC is of the opinion that you have, knowingly or unknowingly, provided false information in the registration process;
          2. PWGSC is of the opinion that your behaviour on GCSurplus interfered with another User's transaction, was fraudulous, was intended to artificially increase or decrease the value of a Good or was otherwise intended to manipulate the bidding process or the bid price of any item listed;
          3. PWGSC is of the opinion that you breached the Terms and Conditions of Use and/or the Terms and Conditions of Sale.
          4. GCSurplus is of the opinion that you are not a “legitimate” business person or organization.
      15. Where you have received notice of debarment from participation on GC Surplus, you can only be reinstated upon demonstration to the satisfaction of Canada, including the provision of a certification that you will respect and comply with all the Terms and Conditions of Use.
      16. PWGSC/GCSurplus may amend these Terms and Conditions of Use and/or Sale at any time, without notice to registered Users of GCSurplus. Continued use of the service constitutes acceptance of the Terms and Conditions of Sale as amended.
   2. Bidder Code of Conduct
       
      
      1. Bidders must respond to Bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements stipulated in the Bid solicitation and resulting Sales Contract, submit Bids and enter into Sales Contracts only if they will fulfill all obligations of the Sales Contract. To ensure fairness, openness and transparency in the Bidding process, the following activities are prohibited:
          
         
         1. payment of a contingency fee by any party to a Sales Contract to a person to whom the Lobbying Act (R,C,S,m 1985, c.44 (4th Supp.)) applies;
         2. corruption, collusion, Bid-rigging or any other anti-competitive activity in the Bidding process for Sales Contracts for the provision of Assets or services.
      2. By submitting a Bid, the Bidder certifies that neither the Bidder nor any of the Bidder’s Affiliates has ever been convicted of a criminal offence in respect of the activities stated in (a) or (b) above or is the subject of outstanding criminal charges in respect of such activities filed subsequent to September 1, 2010.
      3. Bidders further understand that the commission of certain offences will render them ineligible to be awarded a Sales Contract. By submitting a Bid, the Bidder certifies that neither the Bidder nor any of the Bidder’s Affiliates has ever been convicted or is the subject of outstanding criminal charges in respect of an offence under any of the following provisions:
          
         
         1. Criminal Code of Canada (R.S.C., 1985, c. C-46)
            Section 121 (Frauds on the government and Contractor subscribing to election fund)
            Section 124 (Selling or Purchasing Office)
            Section 380 (Fraud committed against His Majesty)
            Section 418 (Selling defective stores to His Majesty)
         2. Financial Administration Act ( R.S.C., 1985, c. F-11)
            Paragraph 80(1)(d) (False entry, certificate or return)
            Subsection 80(2) (Fraud against His Majesty)
            Section 154.01 (Fraud against His Majesty)
      4. For the purpose of this section, business concerns, organizations or individuals are Bidder's Affiliates if, directly or indirectly, 1) either one controls or has the power to control the other, or 2) a third party has the power to control both. Indicia of control, include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity created following the charges or convictions contemplated in this section which has the same or similar management, ownership, or principal employees as the Bidder that is charged or convicted, as the case may be.
      5. Except in the limited circumstances listed in 2.2.6 below, the GCSurplus Divestment Officer will declare non-responsive any Bid in respect of which the information contained in the certifications contemplated above is determined to be untrue in any respect by the GCSurplus Divestment Officer.
      6. Article 2.2.5 has no application in the circumstances where a Bidder has pled guilty of an offence contemplated in article 2.2.1 (b) and the Bidder has provided with its Bid an assurance from the Competition Bureau of Canada indicating that the Bidder has been granted leniency, or in the circumstances where the Bidder provides documentation from the National Parole Board that the Bidder has obtained a criminal pardon in relation to such offence.
      7. The Bidder acknowledges and agrees that the certifications contemplated must remain valid during the period of any resulting Sales Contract arising from this Bid solicitation.
   3. Miscellaneous
       
      
      1. Any oral statement or representation by any representative of Canada, changing or supplementing the offer or contract or any condition thereof, is unauthorized and shall confer no right upon the bidder or purchaser. Further, no interpretation of any provision of the contract, including applicable performance requirements, shall be binding on Canada unless furnished or agreed to, in writing by GCSurplus/PWGSC or its designated representative.
   4. Rights of Canada
       
      
      1. Canada reserves the right to:
          
         
         1. reject any or all Bids received in response to the Bid solicitation;
         2. enter into negotiations with Purchasers on any or all aspects of their Bids;
         3. accept any Bid in whole or in part without negotiations;
         4. cancel the Bid solicitation at any time;
         5. reissue the Bid solicitation;
   5. Rejection of bid and/or cancellation of registration
       
      
      1. Canada may reject a bid or cancel your registration where any of the following circumstances is present with respect to current or prior transactions with the Government of Canada:
          
         
         1. the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
         2. evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination;
         3. Canada has exercised its contractual remedies of suspension or termination for default with respect to a contract with the bidder, any of its employees or any subcontractor included as part of the bid;
         4. Canada determines that the Bidder’s performance on other contracts, including the efficiency and workmanship as well as the extent to which the Bidder performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
         5. The Bidder has any outstanding unsettled accounts with Canada or is in default of any payment obligation.
3. GOODS FOR SALE
    
   
   1. GCSurplus has Goods (Assets) listed on its web site for sale subject to the terms and conditions herein contained:
   2. GCSurplus may withdraw all or part of the Goods from the listing on its web site at any time before the receipt of payment in full.
   3. Controlled Goods
      
      The purchase of goods originating from GCSurplus should not include items that are Controlled Goods as these items are prohibited from sale and/or distribution to individuals or companies that are not registered under Canada's Controlled Goods Program (CGP).
      
      If, by error or inadvertence, Controlled Goods are included in the sale items, the purchaser must immediately return the item(s) to Crown Assets Distribution. Canada will refund the purchase price plus shipping costs. The Purchaser cannot re-sell, transfer ownership or discard of the item(s) without prior written authorization from Canada.
      
      The purchaser's failure to comply with this clause will lead to an immediate cancellation of his or her GCSurplus account and appropriate legal procedures may be commenced without any further notice.
      
      The PURCHASER acknowledges that a failure to adhere to these restrictions may result in criminal prosecution, fines and imprisonment under the Defence Production Act (DPA) and the Controlled Goods Regulations (CGR).
4. DISCLAIMER, WARRANTY AND INSPECTION
    
   
   1. General
       
      
      1. Item Descriptions
          
         The description of the Goods is based on the best information available to GCSurplus/PWGSC;
          
         
      2. Goods sold “as-is/where-is”
          
         All Goods are sold on an "as-is/where-is" basis. Canada /PWGSC/ GCSurplus makes no warranty, expressed or implied, legal, contractual or verbal, as to the quantity, kind, character, quality, weight, size, condition or fitness for any use or purpose with respect to the Goods listed on GCSurplus. Goods are purchased at the Purchaser's own risk and peril;
          
         Any mention of a sale item’s condition in the sales listing represents the best assessment of the divestment officer at the time of listing and is offered for guidance only and is not an enforceable condition of sale.
          
         
      3. Minimum Bids
          
         For greater certainty, the Purchaser acknowledges that the minimum bid established by GCSurplus/PWGSC for the Goods, if any, shall not be interpreted as an estimation of the value of the Goods nor as a warranty or a representation that the value of the Goods is equal or greater than that amount;
      4. Appraisals
          
         GCSurplus may seek independent appraisals to assist in establishing fair minimum bids. These appraisals, although made by professionals, are retained by GCSurplus and may not reflect the actual value of the Good or Goods. Interested Users should seek their own independent appraisals.
      5. Inspection of Goods
          
         Inspection prior to submitting an offer is the responsibility of the User and may be arranged by appointment only during regular office hours with the custodian of the Goods at the location(s) indicated on the sale listing;
      6. Offers to Purchase
          
         When making an Offer to Purchase, the User acknowledges that they have been provided with full opportunity to inspect the Goods and is fully satisfied with respect to the condition of the Goods.
   2. Offer to Purchase
       
      
      1. Bids cannot be cancelled. Once an Offer to Purchase is made, a User may not withdraw it. However, a User may modify their Offer to Purchase at any time before the closing date indicated on the listing. After the closing date, the Offer to Purchase cannot be changed and is irrevocable;
          
         
      2. GCSurplus reserves the right to reject any or all Offers to Purchase, if it believes the Offer to Purchase does not meet one or more of the Terms and Conditions of Sale.
   3. Time of Essence (Payment and Removal)
       
      
      1. Time is of essence to this Solicitation. It is essential that payment be made and goods removed within the time frame stipulated in this Agreement. Non-compliance of payment or removal will lead to the cancellation of the sale, awarding to the next highest bidder or re-listing of the sale, and the non-compliant buyer may be responsible for liquidated damages.
   4. Evaluation Criteria / Acceptance of Offer / Issuing Of Invoice
       
      
      1. After the closing date for the submission of Offers to Purchase Goods on GCSurplus, GCSurplus may accept the Offer to Purchase that provides the “best value” to Canada:
         1. where Best Value is defined by GCSurplus as:
            1. best price; and
            2. acceptance of all applicable terms and conditions by bidder; and
            3. Any other rated or mandatory criteria that may be specifically applicable
      2. Acceptance of the successful Offer to Purchase will be communicated by e-mail notification to the winning Bidder following the close of the sale (the “Acceptance of Offer”). The Acceptance of Offer will include a link to the Invoice for the Goods as well as instructions to the Purchaser for payment of the Goods;
      3. All sales are final. No purchased Goods may be returned and no requests for reimbursement in whole or in part will be accepted.
   5. Payment
       
      
      1. Payment for the Goods must be made following notification that your bid has been accepted and in accordance with the number of payment days identified on the individual sales listing. Payment must be made in full and in accordance with the instructions provided in the Invoice and Acceptance of Offer;
      2. Payment can be made on-line, with Visa Debit, Mastercard debit, Visa, Mastercard or American Express credit cards. In some locations, payment may also be accepted in person with a valid debit card, credit card, cash or certified cheque and a valid piece of government-issued photo identification. With prior approval from GCSurplus, the Bidder can send a certified payment by post. Payment is made payable to the Receiver General of Canada. GCSurplus does not accept either credit card payments over the phone nor pre-paid credit card;
      3. Risk of loss passes to the Purchaser upon receipt of payment in full or in part. Transfer of ownership of the Goods will only occur upon receipt, by GCSurplus, of payment in full, and removal of goods within stipulated time.
   6. Bill of Sale
       
      
      1. The Bill of Sale will be available to the Purchaser following the receipt, by GCSurplus, of payment in full;
      2. The Bill of Sale may include timelines for the Removal of the Goods. The Purchaser agrees to adhere to the timelines and instructions contained in the Bill of Sale.
   7. Removal
       
      
      1. Failure of Purchaser to remove all the purchased Goods at the specified time in accordance with all applicable terms and conditions will be deemed to be a breach of contractual condition; in which event GCSurplus may at its sole discretion terminate the contract of sale and retain payment.
      2. Removal of the Goods will be allowed only after the receipt, by GCSurplus, of payment in full;
      3. Removal of the Goods must be done at the location following payment or in accordance with the number of removal days identified on the individual sales listing. The Bill of Sale will also display the accurate removal date. The Purchaser must contact PWGSC/GCSurplus or their Custodian representative, indicated in the Sale, to schedule the removal of the Goods within the period of time indicated.
      4. Packing, loading and removal of the Goods are the sole responsibility of the Purchaser and at the Purchaser’s own expense;
      5. The Purchaser must present an Authority to Release document, the Bill of Sale and a valid piece of government-issued photo identification to the PWGSC/GCSurplus/Custodian representative at the time of the removal of the Goods;
      6. Notice of cancellation of a scheduled removal must be given to the PWGSC/GCSurplus/Custodian representative at least 24 hours in advance. Failure by the Purchaser to provide a notice of cancellation may result in a financial charge for administrative fees or cancellation of the Purchaser's account;
      7. In a situation where the removal of the Goods is not possible due to PWGSC/GCSurplus or custodian department representative actions or negligence, PWGSC/GCSurplus/Custodian representative's liability shall be limited to a refund of the full purchase price of the Goods;
      8. Any damage to the Goods sold, as well as any damage to the property of the Crown by the Purchaser, during the removal of the Goods, shall be the sole responsibility of the Purchaser.
      9. The Purchaser must have the proper material handling and safety equipment and transportation to pick up their items. If, in the opinion of PWGSC or the custodian, the equipment or methods used to remove the items are deemed unsafe, the custodian may refuse the pickup and withdraw any assistance.
      10. The Purchaser may require the assistance of Canada for the removal of large items. Canada may, at its sole discretion, accept to assist a Purchaser with the removal of an item.
   8. Amendments to the Terms and Conditions of Sale
       
      
      1. PWGSC/GCSurplus and the Purchaser may agree to amend these Terms and Conditions of Sale at any time between the announcement of the winning bid, and final removal of Goods and such agreement shall be valid, provided it is in writing and signed by both PWGSC/GCSurplus and the Purchaser.
   9. Disclaimer and Limitation of Liability
       
      
      1. Neither the goods sold through the GCSurplus web site, nor the information therein contained are warranted. Buyers are strongly advised to independently verify the information pertaining to the goods as the well as the goods themselves before placing an offer for any sales transaction.
   10. Return to the United States
        
       
       1. Under United States law, if the Goods are of United States origin, excess United States Government Goods sold abroad may not be imported into the United States except upon determination of the Secretary of Agriculture, in the case of the agricultural commodities, foods or cotton or woolen goods, or the Secretary of Commerce, in the case of other property, that such importation would relieve domestic shortages or otherwise be beneficial to the economy of the United States.
5. GENERAL TERMS AND CONDITIONS OF AGREEMENT
    
   
   1. Status of the Purchaser
       
      
      1. The Purchaser is as an independent buyer of Canada’s surplus assets.
   2. Conduct of the Work
       
      
      1. The Purchaser represents and warrants that:
          
         
         1. it is competent to perform the Work;
         2. it has everything necessary to perform the Work, including the resources, facilities, labour, technology, equipment, and materials; and
         3. it has the necessary qualifications, including knowledge, skill, know-how and experience, and the ability to use them effectively to perform the Work.
      2. The Purchaser must:
          
         
         1. perform the Work diligently and efficiently;
         2. except for Government Property, supply everything necessary to perform the Work;
         3. use, as a minimum, quality assurance procedures, inspections and controls generally used and recognized by the industry to ensure the degree of quality required by the Contract;
         4. select and employ a sufficient number of qualified people;
         5. perform the Work in accordance with standards of quality acceptable to Canada and in full conformity with the Specifications and all the requirements of the Contract;
         6. provide effective and efficient supervision to ensure that the quality of workmanship meets the requirements of the Contract.
      3. The Work must not be performed by any person who, in the opinion of Canada, is incompetent, unsuitable or has been conducting himself/herself improperly.
      4. All services rendered under the Contract must, at the time of acceptance, be free from defects in workmanship and conform to the requirements of the Contract. If the Purchaser is required to correct or replace the Work or any part of the Work, it will be at no cost to Canada.
      5. Canada’s equipment and personnel are not available to the Purchaser to perform the Work unless the Contract specifically provides for it. The Purchaser must comply and ensure that its employees and sub-Purchasers comply with all security measures, standing orders, policies or other rules in force at the site where the Work is performed.
      6. Unless the GCSurplus Divestment Officer orders the Purchaser to suspend the Work or part of the Work by way of written notice, the Purchaser must not stop or suspend the Work or part of the Work pending the settlement of any dispute between the Parties about the Contract.
      7. The Purchaser must provide all reports that are required by the Contract and any other information that Canada may reasonably require from time to time.
      8. The Purchaser is fully responsible for performing the Work. Canada will not be responsible for any negative consequences or extra costs even if the Purchaser follows any advice given by Canada that is not in accordance with the contract.
   3. Subcontracts
       
      
      1. Except as provided in subsection 2, the Purchaser must obtain the GCSurplus Divestment Officer written consent before subcontracting or permitting the subcontracting of any part of the Work. A subcontract includes a contract entered into by any subcontractor at any tier to perform any part of the Work.
      2. The Purchaser is not required to obtain consent for subcontracts specifically authorized in the Contract. The Purchaser may also without the consent of the GCSurplus Divestment Officer:
          
         
         1. subcontract any portion of the Work as is customary in the carrying out of similar contracts; and;
         2. permit its subcontractors at any tier to make purchases or subcontract as permitted in paragraphs (i).
      3. In any subcontract, the Purchaser must, unless the GCSurplus Divestment Officer agrees in writing, ensure that the subcontractor is bound by conditions compatible with and, in the opinion of the GCSurplus Divestment Officer, not less favourable to Canada than the conditions of the Contract.
      4. Even if Canada consents to a subcontract, the Purchaser is responsible for performing the Contract and Canada is not responsible to any subcontractor. The Purchaser is responsible for any matters or things done or provided by any subcontractor under the Contract and for paying any subcontractors for any part of the Work they perform.
   4. Payment
       
      
      1. Time is of essence to this Agreement, It is essential that payment be made and Goods removed within the time frame stipulated in this Agreement.
          
         
   5. Removal
       
      
      1. Failure of Purchaser to remove all the purchased Goods at the specified time in accordance with all applicable terms and conditions will be deemed to be a breach of contractual condition; in which event GCSurplus may at its sole discretion terminate the contract of sale and retain payment.
          
         
      2. Additionally, the Purchaser may be subject to paying damages to GCSurplus for the breach of contractual condition in accordance with the following formula:
          
         
         1. In the event that the purchased goods are finally sold at a lesser price than the winning bid, then the liquidate damages are calculated as the difference between the winning bid and the final selling price of the purchased Goods.
         2. In the event the purchased goods remain unsold and finally have to be disposed of by GCSurplus, then the liquidate damages are calculated as the cost of disposal of purchased Goods.
             
            
   6. Liability and Limitation of Liability
       
      
      1. The Purchaser is liable for any damage caused by its employees, subcontractors, or agents to Canada or any third party. Canada is liable for any damage caused by Canada, its employees or agents to the Contractor or any third party. The Parties agree that no limitation of liability or indemnity provision applies to the Sales Contract unless it is specifically incorporated in full text in the Articles of Agreement. Damage includes any injury to persons (including injury resulting in death) or loss of or damage to property (including real property) caused as a result of or during the performance of the Contract.
          
         
      2. No action or claim may be brought by any person against Canada, GCSurplus, PWGSC or their designated Custodian Representative for any loss or damage of any kind whatsoever arising from the use of GCSurplus or from the possession, ownership, removal, transportation or use of any Goods purchased through GCSurplus.
          
         
   7. Indemnity
       
      
      1. Canada, the Ministers of Public Works and Government Services, and their servants, agents and any of their respective sub-contractors or suppliers, shall not in any way be liable or responsible for any and all losses, costs, damages, expenses, and liabilities suffered or incurred by the Purchaser which are in any way connected with the performance or non-performance of the Purchase Agreement.
      2. The Purchaser shall indemnify and save harmless Canada, the Ministers of Public Works and Government Services Canada, custodian departments and their servants, agents and any of their respective sub-contractors or suppliers, from and against any damages, costs or expenses or any claim, action, suit or other proceeding which they or any of them may at any time incur or suffer as a result of or arising out of:
          
         
         1. any injury to persons (including injuries resulting in death) or loss of or damage to property of others which may be or be alleged to be caused by or suffered as a result of the performance of the Purchase Agreement or any part thereof, and/or
         2. any liens, attachments, charges or other encumbrances or claims upon or in respect of any materials, parts, work-in-process or finished work furnished to, or in respect of which any payment has been made by Canada, and/or
         3. or occasioned in any way by the use or operation by the Purchaser of the Assets and associated assets subsequent to their removal by the Purchaser .
      3. This Article, as well as any other provision of the agreement, will survive the completion, expiry or cancellation of the agreement.
          
         
   8. No Assignment
       
      
      1. The sale of the Goods is not assignable by the Purchaser to another party. Canada reserves the right to cancel the sale and limit Her liability to a refund of the purchase price if the Good is purchased on behalf of an undisclosed principal.
          
         
   9. Environmental Protection
       
      
      1. The Purchaser certifies that their method of removal, processing, disposal or export of the Goods from Canada, as well as the equipment used therefore, will be in conformity at all times with Canadian laws and regulations as well as any environmental laws, regulations or by-laws enacted by municipal, regional, provincial or federal authorities. The Purchaser undertakes moreover to comply with all such laws, regulations and by-laws.
      2. In the case of hazardous electronics destined for re-use, disposal or recycling, the Purchaser certifies that it meets the conditions of "export" under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations made pursuant to the Canadian Environmental Protection Act, 1999.
      3. The Purchaser certifies that electronics purchased from PWGSC/GCSurplus will not be exported to China or Africa for the purpose of recycling or disposal.
          
         
   10. Agreement
        
       
       1. The following documents constitute the entire Agreement between the Purchaser and PWGSC/GCSurplus. If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list as follows:
           
          
          1. The Terms and Conditions of Use
          2. The Terms and Conditions of Sale
          3. The Bill of Sale
          4. The Acceptance of Offer and the Invoice
          5. The Authority to Release
   11. International Sanctions
        
       
       1. Persons in Canada, and Canadians outside of Canada, are bound by economic sanctions imposed by Canada. As a result, the Government of Canada cannot accept delivery of assets or services that originate, either directly or indirectly, from the countries or persons subject to economic sanctions.
           
          
       2. The Contractor must not supply to the Government of Canada any assets or services which are subject to economic sanctions.
           
          
       3. The Contractor must comply with changes to the regulations imposed during the period of the Contract. The Contractor must immediately advise Canada if it is unable to perform the Work as a result of the imposition of economic sanctions against a country or person or the addition of a asset or service to the list of sanctioned assets or services. If the Parties cannot agree on a work around plan, the Contract will be terminated for the convenience of Canada in accordance with section 19.
   12. Application of Law
        
       
       1. This sale is governed by and is to be construed in accordance with the laws and regulations of the province of Ontario (Canada) or as may be otherwise specified by the parties.
   13. Access to Information
        
       
       1. Subject to the Access to Information Act, R.S 1985, c. A-1 and the Privacy Act, R.S. 1985, c. P-21, all general and non-personal information pertaining to this sale is public information and may be disclosed to third parties upon request
6. WITHDRAWAL OF PROPERTY AFTER AWARD
    
   
   1. GCSurplus reserves the right to withdraw for its use any or all of the property covered by this contract, if a requirement for the property develops or exists or if the purchased property is no longer available for sale, at anytime before the property purchased is picked up and removed by the Purchaser.
   2. In the event of a withdrawal under this condition, GCSurplus shall be liable only for the refund of the contract price of the withdrawn property or such portion of the contract price as it may have received.
7. PROVINCIAL SALES AND/OR SERVICES TAX AND CURRENCY
    
   
   1. Purchasers of Surplus federal Goods on GCSurplus are subject to payment of all applicable Provincial sales and/or service tax at the location of sale, i.e. FOB Shipping Point. (Within the definition of FOB shipping point, the title to the goods passes to the buyer at the shipping point.) Purchasers may obtain information from a Provincial tax office.
   2. Unless otherwise specified in the Special Instructions to Bidders, all bids and payments must be in Canadian currency.

1. INTERPRETATION



In the Contract, unless the context otherwise requires:



1. "Articles of Agreement" means the clauses and conditions set out in full text or incorporated by reference to form the body of the Contract; it does not include these general terms and conditions, any supplemental general conditions, annexes, the Purchaser Bid or any other document.
2. "Asset" or "Asset(s)" means the surplus Crown-owned Asset(s) that are deemed surplus to the requirements of the Government of Canada, and those Asset(s) owned by other governments, bodies or persons in Canada or elsewhere, deemed to be surplus to their needs, for which they have contracted with GCSurplus to dispose of such Asset(s) on their behalf;
3. "Bid" means any Bid submitted by a User on GCSurplus.ca;
4. "Bidder" means the party or parties that have legal capacity to enter into a Contract, who has placed a Bid on a surplus Asset on GCSurplus.ca;
5. "Canada", "Crown", means His Majesty the King in right of Canada as represented by the Minister of Public Works and Government Services and any other person duly authorized to act on behalf of that minister or, if applicable, an appropriate minister to whom the Minister of Public Works and Government Services has delegated his or her powers, duties or functions and any other person duly authorized to act on behalf of that minister;
6. "Custodian" the Custodian is the representative of the department or agency for whom the sale of asset(s) will be carried out in accordance with the Contract.
7. "GCSurplus" means the organization within the Department of Public Works and Government Services in charge of selling surplus Asset(s), and that operates the GCSurplus.ca online auction Website.
8. "GCSurplus Divestment Officer" means the person designated by that title in the Contract, or by notice to the Purchaser, to act as GCSurplus's representative to manage the Contract;
9. GCSurplus.ca means the GCSurplus online auction Website.
10. "Party" means GCSurplus, the Purchaser, or any other signatory to the Contract and "Parties" means all of them;
11. "Purchaser" means the party or parties that have legal capacity to enter into a Contract to purchase Asset(s) and provide services to GCSurplus, who have submitted the highest compliant Bid with respect to the Asset(s), and who agrees to make payment in full for the Asset(s) purchased and to remove the Asset(s) when directed to do so by GCSurplus or the Custodian;
12. "PWGSC" means the Department of Public Works and Government Services Canada, as established under the Department of Public Works and Government Services Act, (S.C., 1996, c.16);
13. "Contract" means the Articles of Agreement, these general conditions and any other document specified or referred to as forming part of the Contract, all as amended by agreement of the Parties from time to time;
14. "Contract Price" means the amount stated in the Contract to be payable to GCSurplus for the surplus Asset(s) or services provided, exclusive of any applicable taxes;
15. "Total Estimated Price" means the estimated amount stated in the Contract to be payable to GCSurplus for the surplus Asset(s), inclusive of any applicable taxes;
16. "Work" means all activities, services, Asset(s), equipment, matters and things required to be done, delivered or performed by the Purchaser under the Contract pursuant to the sale of surplus Asset.
2. TERMS AND CONDITIONS OF USE OF GCSURPLUS.CA WEBSITE


1. GCSurplus.ca is the on-line secured bidding service operated by PWGSC;
2. GCSurplus.ca provides a method whereby Users may submit a Bid online;
3. Listings of Asset(s) on GCSurplus.ca are public;
4. In order to submit a Bid, you must first be registered as a User;
5. You agree that you will provide true and accurate information about yourself, at the registration stage such as your name, your address, phone number(s), e-mail address and password. Your personal information is protected under the Privacy Act (R.S.C., 1985, c. P-21). Please review the Privacy Notice Statement found on GCSurplus Website 'Important Notices';
6. As a User of GCSurplus.ca you agree that you are bound by the Terms and Conditions of Use of GCSurplus.ca website; as well as the General Terms and Conditions B should you make a bid for any Asset(s);
7. At the registration stage, when you click "I agree", you acknowledge that you have read, understood and accepted the General Terms and Conditions B;
8. Upon registration you will receive an e-mail notification containing an activation link to confirm your registration and grant you access to GCSurplus.ca website bidding interface. The activation must be completed to finish the registration process;
9. PWGSC may discontinue GCSurplus.ca without notice;
10. Although GCSurplus makes every effort to ensure accuracy, it does not warrant the accuracy or the completeness of the information provided on the GCSurplus.ca website or that GCSurplus.ca will function without error, failure or interruption;
11. You will not bring or institute any action, claim or legal proceeding whatsoever, against the Government of Canada for any loss or damage of any kind arising from the use of GCSurplus.ca;
12. You may cancel your registration by selecting the Cancel Registration option under "My Registration". Users and Purchasers continue to be responsible for all Bids to Purchase or contracts entered, and cannot cancel their accounts until they fulfill their contractual obligations;
13. A Bidder shall only be entitled to register one account. Multiple registrations of user accounts by one Bidder is considered an abusive use of the system and will result in the immediate cancellation of all registrations except for the original registration;
14. GCSurplus may cancel your registration without notice if any of the following situations occur:
    
    
    1. GCSurplus is of the opinion that you have, knowingly or unknowingly, provided false information in the registration process;
    2. GCSurplus is of the opinion that your behavior on GCSurplus.ca interfered with another User's transaction, was fraudulent, was intended to artificially increase or decrease the value of an Asset or was otherwise intended to manipulate the bidding process or the bid price of any item listed;
    3. GCSurplus is of the opinion that you breached the Terms and Conditions of Use and/or the General Terms and Conditions B;
    4. GCSurplus.ca is of the opinion that you are not a "legitimate" business person or organization;
    5. Where you have received notice of debarment from participation on GCSurplus.ca, you can only be reinstated upon demonstration to the satisfaction of GCSurplus, including the provision of a certification that you will respect and comply with all the Terms and Conditions of Use;
15. GCSurplus may amend the Terms and Conditions of Use of the GCSurplus.ca website at any time, without notice to registered Users of GCSurplus.ca. Continued use of the service constitutes acceptance of the Terms and Conditions of Use of GCSurplus.ca website as amended.
3. BIDDING INSTRUCTIONS AND CONDITIONS


1. APPLICABLE TERMS AND CONDITIONS
   
   
   1. You agree to provide true and accurate information about yourself, at the bid solicitation stage such as your name, your address, phone number(s), e-mail address, password and valid credit card information. Your personal information is protected under the Privacy Act (R.S.C., 1985, c. P-21). Please review the Privacy Notice Statement.
2. CODE OF CONDUCT FOR PURCHASE OF SURPLUS ASSET(S)
   
   
   1. Bidders must respond to Bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements stipulated in the Bid solicitation and resulting Contract, submit Bids and enter into Contracts only if they will fulfill all Contractual obligations. To ensure fairness, openness and transparency in the Bidding process, the following activities are prohibited:
      
      
      1. payment of a contingency fee by any party to a Contract to a person to whom the Lobbying Act (R,C,S,m 1985, c.44 (4th Supp.)) applies;
      2. corruption, collusion, Bid-rigging or any other anti-competitive activity in the Bidding process.
   2. By submitting a Bid, the Bidder certifies that neither the Bidder nor any of the Bidder's Affiliates has ever been convicted of a criminal offence in respect of the activities stated in 3.2.a.i. or 3.2.a.ii. above, or is the subject of outstanding criminal charges in respect of such activities filed subsequent to September 1, 2010.
   3. Bidders further understand that the commission of certain offences will render them ineligible to be awarded a Contract. By submitting a Bid, the Bidder certifies that neither the Bidder nor any of the Bidder's Affiliates has ever been convicted or is the subject of outstanding criminal charges in respect of an offence under any of the following provisions:
      
      Criminal Code of Canada (R.S.C., 1985, c. C-46)
      Section 121 (Frauds on the government and Purchaser subscribing to election fund)
      Section 124 (Selling or Purchasing Office)
      Section 380 (Fraud committed against His Majesty)
      Section 418 (Selling defective stores to His Majesty)
      
      Financial Administration Act ( R.S.C., 1985, c. F-11)
      Paragraph 80(1)(d) (False entry, certificate or return)
      Subsection 80(2) (Fraud against His Majesty)
      Section 154.01 (Fraud against His Majesty)
   4. For the purpose of this section, business concerns, organizations or individuals are Bidder's Affiliates if, directly or indirectly, 1) either one controls or has the power to control the other, or 2) a third party has the power to control both. Indicia of control, include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity created following the charges or convictions contemplated in this section which has the same or similar management, ownership, or principal employees as the Bidder that is charged or convicted, as the case may be.
   5. Except in the limited circumstances set out in section 3.2.f. below, the GCSurplus Divestment Officer will declare non-responsive any Bid in respect of which the information contained in the certifications contemplated above is determined to be untrue in any respect by the GCSurplus Divestment Officer.
   6. Section 3.2.e. above has no application in the circumstances where a Bidder has pled guilty of an offence contemplated in section 3.2.a.ii. above and the Bidder has provided with its Bid an assurance from the Competition Bureau of Canada indicating that the Bidder has been granted leniency, or in the circumstances where the Bidder provides documentation from the National Parole Board that the Bidder has obtained a criminal pardon in relation to such offence.
   7. The Bidder acknowledges and agrees that the certifications contemplated must remain valid during the period of any resulting Contract arising from this Bid solicitation.
3. SUBMISSION OF BIDS


1. It is the Bidder's responsibility to:
   
   
   1. obtain clarification for the Asset(s) or requirement contained in the Bid solicitation, if necessary, before submitting a Bid;
   2. prepare its Bid in accordance with the instructions contained in the Sale listing;
   3. submit a complete Bid by the closing date and time;
   4. All bids submitted cannot be cancelled. Once a Bid is made, a Bidder may not withdraw it. However, a Bidder may only increase their Bid at any time before the closing date indicated on the sales listing. After the closing date, the Bid cannot be lowered or changed and is irrevocable.
2. GCSurplus reserves the right to seek an extension of the Bid validity period from all responsive Bidders in writing, within a minimum of three (3) days before the end of the Bid validity period. If the extension is accepted by all responsive Bidders, GCSurplus will continue with the evaluation of the Bids. If the extension is not accepted by all responsive Bidders, GCSurplus will, at its sole discretion, either continue with the evaluation of the Bids of those who have accepted the extension or cancel the solicitation.
3. Bid documents and supporting information may be submitted in either English or French.
4. Bids received on or before the stipulated Bid solicitation closing date and time will become the property of GCSurplus. All Bids will be treated as confidential, subject to the provisions of the Access to Information Act (R.S.C., 1985, c. A-1) and the Privacy Act (R.S.C., 1985, c. P-21).
5. Unless specified otherwise in the Bid solicitation, GCSurplus will evaluate only the documentation provided with a Bidder's Bid.
6. Acceptance of the successful Bid and instructions to the Purchaser for remittance of the security deposit will be communicated by e-mail notification to the Purchaser following the closing date of the bid solicitation.
7. All sales are final. No purchased Asset(s) may be returned and no requests for reimbursement in whole or in part will be accepted.
4. LEGAL CAPACITY
1. The Bidder must have the legal capacity to contract. If the Bidder is a sole proprietorship, a partnership or a corporate body, the Bidder must provide, if requested by the GCSurplus Divestment Officer, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to Bidders submitting a Bid as a joint venture.
5. COMMUNICATIONS - SOLICITATION PERIOD
1. To ensure the integrity of the competitive Bid process, enquiries and other communications regarding the Bid solicitation are to be directed to the GCSurplus Divestment Officer identified in the Bid solicitation.
6. RIGHTS OF GCSURPLUS
1. GCSurplus reserves the right to:
1. reject any or all Bids received in response to the Bid solicitation;
2. enter into negotiations with Bidders on any or all aspects of their Bids;
3. accept any Bid in whole or in part without negotiations;
4. cancel the Bid solicitation at any time;
5. reissue the Bid solicitation;
2. Rejection of bid and/or cancellation of registration
1. GCSurplus may reject a bid or cancel your registration where any of the following circumstances is present with respect to current or prior transactions with the Government of Canada:
2. the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
3. evidence, satisfactory to GCSurplus, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination;
4. GCSurplus has exercised its contractual remedies of suspension or termination for default with respect to a contract with the bidder, any of its employees or any subcontractor included as part of the bid;
5. GCSurplus determines that the Bidder's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Bidder performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on;
6. The Bidder has any outstanding unsettled accounts with GCSurplus or is in default of any payment obligation.
7. GCSurplus reserves the right to reject any or all Bids, if it believes the Bid does not meet one or more of the General Terms and Conditions B.
8. where GCSurplus intends to reject a Bid or cancel a registration pursuant to a provision of section 3.6.a. above, the Bidder will be informed accordingly and be provided four (4) business days within which to make representations, before GCSurplus makes a final decision on the Bid rejection.
7. ASSET(S) FOR SALE
1. GCSurplus.ca has Asset(s) listed on its website for sale subject to the terms and conditions B.
2. GCSurplus.ca may withdraw all or part of the Asset(s) from the listing on its website at any time before the receipt of payment in full.
8. DISCLAIMER, WARRANTY AND INSPECTION
1. Item Descriptions
   
   The description of the Asset(s) is based on the best information available to GCSurplus. GCSurplus does not warrant the accuracy or the completeness of the information provided on the GCSurplus.ca website, or that GCSurplus.ca will function without error, failure or interruption;
2. Asset(s) sold "as-is/where-is"
1. All Asset(s) are sold on an "as-is/where-is" basis. Canada /PWGSC/GCSurplus makes no warranty, expressed or implied, legal, contractual or verbal, as to the quantity, kind, character, quality, weight, size, condition or fitness for any use or purpose with respect to the Asset(s) listed on GCSurplus.ca. Asset(s) are purchased at the your own risk;
2. Any mention of a sale item's condition in the sales listing represents the best assessment of the GCSurplus divestment officer at the time of listing and is offered for guidance only and is not an enforceable condition of sale.
3. Starting Bids
   
   For greater certainty, the Bidder acknowledges that the starting bid established by GCSurplus for the Asset(s) , if any, must not be interpreted as an estimation of the value of the Asset(s) nor as a warranty or a representation that the value of the Asset(s) is equal or greater than that amount.
4. Inspection of Goods
   
   Inspection prior to submitting a Bid is the responsibility of the User and may be arranged by appointment only during regular office hours with the custodian of the Asset(s)at the location(s) indicated on the sale listing.
5. Bids
   
   When submitting a Bid, the bidder acknowledges that they have been provided with full opportunity to inspect the Asset(s) and is fully satisfied with respect to the condition of the Asset(s).
9. EVALUATION OF BIDS
1. Evaluation Criteria
2. Bids received will be assessed in accordance with the entire requirement of the Bid solicitation including the financial evaluation criteria specified below:
3. Financial Evaluation
   
   The price of the Bid will be evaluated in Canadian dollars, excluding Goods and Service Tax, Provincial Sales tax, Harmonized Sales Tax and/or Canadian Custom Duties and Excise Tax.
10. BASIS OF SELECTION
1. A Bid must comply with the requirements of the Bid solicitation, the General Terms and Conditions B and meet the financial evaluation criteria to be declared responsive. The responsive Bid with the highest evaluated price will be recommended for award of a Contract.
11. CONDUCT OF EVALUATION
1. In conducting its evaluation of the Bids, GCSurplus may, but will have no obligation to, do the following:
1. seek clarification or verification from Bidders regarding any or all information provided by them with respect to the Bid solicitation;
2. contact any or all references supplied by Bidders to verify and validate any information submitted by them;
3. request, before award of any Contract, specific information with respect to Bidders' legal status;
4. conduct a survey of Bidders' facilities and/or examine their technical, managerial, and financial capabilities to determine if they are adequate to meet the requirements of the Bid solicitation;
5. verify any information provided by Bidders through independent research, use of any government resources or by contacting third parties;
6. interview, at the sole costs of Bidders, any Bidder and/or any or all of the resources proposed by Bidders to fulfill the requirement of the Bid solicitation.
2. Bidders will have the number of days specified in the request by the GCSurplus Divestment Officer to comply with any request related to any of the above items. Failure to comply with the request may result in the Bid being declared non-responsive.
12. LOADING AND REMOVAL OF THE ASSET(S)
1. Loading and removal of the Asset(s) are the sole responsibility of the Purchaser and at the Purchaser's own expense. The Purchaser must have the proper material handling and safety equipment and transportation to pick up their items. If, in the opinion of GCSurplus Divestment Officer or the custodian, the equipment or methods used to remove the assets are deemed unsafe, the custodian may refuse the pickup. The Purchaser must remedy the situation to the satisfaction of GCSurplus Divestment Officer or the custodian and promptly reschedule a new pick-up date.
13. CONFLICT OF INTEREST - UNFAIR ADVANTAGE
1. In order to protect the integrity of the sale process, Bidders are advised that GCSurplus may reject a Bid in the following circumstances:
1. if the Bidder, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the Bid solicitation or in any situation of conflict of interest or appearance of conflict of interest;
2. if the Bidder, any of its subcontractors, any of their respective employees or former employees had access to information related to the Bid solicitation that was not available to other Bidders and that would, in GCSurplus's opinion, give or appear to give the Bidder an unfair advantage.
2. The experience acquired by a Bidder who is purchasing or has purchased the Asset(s) and is providing or has provided services described in the Bid solicitation (or similar Asset(s) or services) will not, in itself, be considered by GCSurplus as conferring an unfair advantage or creating a conflict of interest. This Bidder remains however subject to the criteria established above.
3. Where GCSurplus intends to reject a Bid under this section, the GCSurplus Divestment Officer will inform the Bidder and provide the Bidder an opportunity to make representations before making a final decision. Bidders who are in doubt about a particular situation should contact the GCSurplus Divestment Officer before Bid closing. By submitting a Bid, the Bidder represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Bidder acknowledges that it is within GCSurplus's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.
14. APPLICABLE LAWS
1. Unless specified otherwise in the contract, any resulting contract must be interpreted and governed, and the relations between the parties determined, by the laws in force in the province of the Sale.
15. ENTIRE REQUIREMENT
1. The Bid solicitation documents contain all the requirements relating to the Bid solicitation. Any other information or documentation provided to or obtained by a Bidder from any source are not relevant. Bidders should not assume that practices used under previous Contracts will continue, unless they are described in the Bid solicitation. Bidders should also not assume that their existing capabilities meet the requirements of the Bid solicitation simply because they have met previous requirements.
4. TERMS AND CONDITIONS OF THE CONTRACT


1. STATUS OF THE PURCHASER
1. The Purchaser is as an independent buyer of GCSurplus’ s surplus Asset(s) and is only performing Work pursuant to the said purchase. Neither the Purchaser nor any of its personnel is engaged as an employee, servant or agent of GCSurplus. The Purchaser is responsible for all deductions and remittances required by law in relation to its employees.
2. CONDUCT OF THE WORK
   
   
   1. The Purchaser represents and warrants that:
   1. it is competent to perform the Work;
   2. it has everything necessary to perform the Work, including the resources, facilities, labour, technology, equipment, and materials; and
   3. it has the necessary qualifications, including knowledge, skill, know-how and experience, and the ability to use them effectively to perform the Work.
   2. The Purchaser must:
   1. perform the Work diligently and efficiently;
   2. except for Government Property, supply everything necessary to perform the Work;
   3. use, as a minimum, quality assurance procedures, inspections and controls generally used and recognized by the industry to ensure the degree of quality required by the Contract;
   4. select and employ a sufficient number of qualified people;
   5. perform the Work in accordance with standards of quality acceptable to GCSurplus and in full conformity with the Specifications and all the requirements of the Contract;
   6. provide effective and efficient supervision to ensure that the quality of Workmanship meets the requirements of the Contract.
   3. The Work must not be performed by any person who, in the opinion of GCSurplus, is incompetent, unsuitable or has been conducting himself/herself improperly.
   4. All services rendered under the Contract must, at the time of acceptance, be free from defects in Workmanship and conform to the requirements of the Contract. If the Purchaser is required to correct or replace the Work or any part of the Work, it will be at no cost to GCSurplus.
   5. GCSurplus's equipment and personnel are not available to the Purchaser to perform the Work unless the Contract specifically provides for it. The Purchaser must comply and ensure that its employees and subcontractors comply with all security measures, standing orders, policies or other rules in force at the site where the Work is performed.
   6. Unless the GCSurplus Divestment Officer orders the Purchaser to suspend the Work or part of the Work pursuant to Suspension of the Work clause found herein, the Purchaser must not stop or suspend the Work or part of the Work pending the settlement of any dispute between the Parties about the Contract.
   7. The Purchaser must provide all reports that are required by the Contract and any other information that GCSurplus may reasonably require from time to time.
   8. The Purchaser is fully responsible for performing the Work. GCSurplus will not be responsible for any negative consequences or extra costs even if the Purchaser follows any advice given by GCSurplus that is not in accordance with the Contract.
3. LOADING AND REMOVAL OF THE ASSET(S)
1. Loading and removal of the Asset(s) are the sole responsibility of the Purchaser and at the Purchaser's own expense.
4. WEIGHT SCALE TICKET
1. The surplus Asset(s) must be weighted at the point of loading or within twenty-four (24) hours of the pick-up point. The authorized scale must be certified compliant annually for accuracy in accordance with the Weights and Measures Act (R.S.C., 1985, c. W-6). The scale used must be the nearest authorized scale and must be selected by the Custodian or the GCSurplus Divestment Officer.
2. The tare weight of each vehicle or combination vehicle that is used to transport the load or loads must be recorded on a weight scale ticket prior to loading the Asset(s). Each load must be supported by a weight ticket for that load which records the date and time of the weighing as well as the gross vehicle weight for the load. When available the unit number of the vehicle or other identifying information must be recorded on all weight scale tickets in order to link the specific load with the vehicle for which the tare weight has been recorded.
3. All weight scale tickets must be in accordance with the "Unit of Issue" as specified in the Contract.
4. The Purchaser must remit the original weight scale ticket to the GCSurplus Divestment Officer and a copy to the Custodian within three (3) business days of the pick-up of the assets or latter if an extension beyond the (3) business days was granted in writing by the GCSurplus Divestment Officer . The Custodian or his/her representative may accompany the Purchaser to validate the weight scale ticket issuance at the time of weighing. The Custodian will keep GCSurplus Divestment Officer informed of removals as they occur.
5. PICK-UP PROCESS AND AUTHORIZATION
1. The Purchaser will pick-up surplus Asset(s) in accordance with the Contract. The pick-up will occur on an "as and when requested basis".
2. At the time of pick-up, the Custodian may adjust the tare weight due to exceptional circumstances whereby, without the adjustment, the Purchaser would be procuring non-receivable or reinforced contaminated material. The weight adjustment must be justified by the Custodian and be pre-approved by GCSurplus Divestment Officer prior to the Purchaser removing the assets from the site.
6. SUBCONTRACTS
1. The Purchaser must obtain from the GCSurplus Divestment Officer written consent before subcontracting or permitting the subcontracting of any part of the Work. A subcontract includes a Contract entered into by any subcontractor at any tier to perform any part of the Work.
7. INSPECTION, ACCEPTANCE AND WARRANTY
1. The Purchaser must perform the Work efficiently in accordance with standards of quality acceptable to GCSurplus or Custodian and in full conformity with all the requirements of the Contract.
2. All the Work is subject to inspection and acceptance by GCSurplus or Custodian and must conform to the requirements of the Contract.
8. ITEM DESCRIPTION
1. The description of the Asset(s) is based on the best information available to GCSurplus. GCSurplus does not warrant the accuracy or the completeness of the information provided on the GCSurplus.ca website.
2. Asset(s) sold "as-is/where-is"
   
   All Asset(s) are sold on an "as-is/where-is" basis. Canada /PWGSC/ GCSurplus makes no warranty, express or implied, legal, contractual or verbal, as to the quantity, kind, character, quality, weight, size, condition or fitness for any use or purpose with respect to the Asset(s) listed on GCSurplus. Asset(s) are purchased at the Purchaser's own risk;
3. The Purchaser is deemed to have fully inspected and accepted the Asset(s) as soon as they pick it up and move it from the premises belonging to GCSurplus or their Custodian.
9. TAXES
1. Municipal Taxes
1. Municipal Taxes are not applicable.
2. Goods and services tax (GST)
   Provincial sales tax (PST)
   Harmonized sales tax (HST)
2. The GST, PST or HST if applicable, is extra to the price(s) listed in the contract. The GST, PST or HST is payable by the Purchaser following the receipt of an invoice issued by the GCSurplus Divestment Officer.
3. Changes to Taxes
3. If there is any change to any tax payable to any level of government in Canada after the Bid submission date that affects the costs of the Surplus Asset(s) to the Purchaser, the Contract Price will be adjusted during the Contract period to reflect the increase or decrease in the cost to the Purchaser.
10. INTEREST ON OVERDUE ACCOUNTS
1. For the purposes of this section:
1. "Average Rate" means the weighted arithmetic average of the bank rates that are established during the month before the month in respect of which interest is being calculated;
2. "Bank Rate" means the rate of interest established periodically by the Bank of Canada makes short term advances to members of the Canadian Payments Association;
1. “Demand for payment” means and demand for payment in writing and includes an invoice, bill, statement and assessment; “Due date” means, in relation to an amount owing to His Majesty for the provisions of goods or services or the use of facilities,
1. the due date specified in a demand for payment for, or included in the terms and conditions of, the provision of the goods or services or the use of the facilities, as the case may be or
2. where no date has been specified or included as indicated in subparagraph (1), the day that is 30 days after the day on which a demand for payment is issued,
2. As per the Interest and Administrative Charges Regulations, the purchaser will pay the Receiver General of Canada, the rate based on the average Bank of Canada rate from the previous month plus 3% on all overdue amounts.
3. The Purchaser will pay GCSurplus interest in accordance with this section only if the Purchaser is responsible for the delay in paying GCSurplus.
11. INFORMATION VERIFICATION
1. Any amounts paid, received or claimed under the Contract, is subject to Government audit, both before and after the payment is made. GCSurplus reserves the right to verify any information submitted by the Purchaser, including the weight scale ticket. The Purchaser must keep proper accounts and keep all documents relating to the purchase for a period of six (6) years following the end of the Contract.
12. COMPLIANCE WITH APPLICABLE LAWS
1. The Purchaser must comply with all laws applicable to the performance of the Contract. The Purchaser must provide evidence of compliance with such laws to GCSurplus at such times as GCSurplus may reasonably request.
2. The Purchaser must obtain and maintain at its own costs all permits, licenses, regulatory approvals and certificates required to perform the Work. If requested by the GCSurplus Divestment Officer, the Purchaser must provide a copy of any required permit, license, regulatory approvals or certificate to GCSurplus.
13. TIME OF THE ESSENCE
1. It is essential that the Work be delivered within or at the time stated in the Contract. It is essential that payment be made and Asset(s) removed within the time frame stipulated in this Contract. Non-compliance of removal or payment within the timeframe stipulated in this Contract constitutes a default under the contract. The conditions of the Termination for Default clause found herein will apply.
14. EXCUSABLE DELAY
1. "Excusable delay" means a delay in the performance by the Purchaser of any obligation under the Contract that is caused by an event that :
1. is beyond the reasonable control of the Purchaser;
2. could not reasonably have been foreseen;
3. could not reasonably have been prevented by means reasonably available to the Purchaser, and
4. occurred without the fault or neglect of the Purchaser, will be considered an "Excusable Delay" if the Purchaser advises the GCSurplus Divestment Officer of the occurrence of the delay or of the likelihood of the delay as soon as the Purchaser becomes aware of it. The Purchaser must also advise the GCSurplus Divestment Officer, within fifteen (15) business days, of all the circumstances relating to the delay and provide to the GCSurplus Divestment Officer for approval a clear work around plan explaining in detail the steps that the Purchaser proposes to take in order to minimize the impact of the event causing the delay.
2. Any removal date or other date that is directly affected by an Excusable Delay will be postponed for a reasonable time that will not exceed the duration of the Excusable Delay.
3. However, if an Excusable Delay has continued for thirty (30) calendar days or more, the GCSurplus Divestment Officer may, by giving notice in writing to the Purchaser, terminate the Contract. In such a case, the Parties agree that neither will make any claim against the other for damages, costs, expected profits or any other loss arising out of the termination or the event that contributed to the Excusable Delay.
4. Unless GCSurplus has caused the delay by failing to meet an obligation under the Contract, GCSurplus will not be responsible for any costs incurred by the Purchaser or any of its subcontractors or agents as a result of an Excusable Delay.
15. OWNERSHIP
1. Unless provided otherwise in the Contract, the Asset(s) belong to GCSurplus until payment is made in full by the Purchaser. The Purchaser is responsible for any loss or damage to the Asset(s) and/or caused by the Asset(s) from the time the Purchaser removes the Asset(s) from GCSurplus’ s or its Custodians’ premises.
16. AMENDMENT AND ASSIGNMENT
1. The Contract must not be amended or assigned, in whole or in part, without the prior written agreement of the Parties.
2. To be effective, any amendment to the Contract must be done in writing by the GCSurplus Divestment Officer and must be signed by both Parties.
3. While the Purchaser may discuss any proposed modifications to the Work with other representatives of Canada, GCSurplus will not be responsible for the cost of any modification unless it has been incorporated into the Contract in accordance with clause 4.16.b. above.
17. SUSPENSION OF THE WORK
1. The GCSurplus Divestment Officer may at any time, by written notice, order the Purchaser to suspend or stop the Work or purchase of the Asset under the Contract for a period of up to one hundred eighty (180) calendar days. The Purchaser must immediately comply with any such order in a way that minimizes the cost of doing so. While such an order is in effect, the Purchaser must not remove any part of the Work from any premises without first obtaining the written consent of the GCSurplus Divestment Officer. Within these one hundred eighty (180) calendar days, the GCSurplus Divestment Officer must either cancel the order or terminate the Contract, in whole or in part, under the Termination for Default clause found herein.
2. When an order is made under section 4.17.a. above unless the GCSurplus Divestment Officer terminates the Contract by reason of default by the Purchaser or the Purchaser abandons the Contract, GCSurplus will be entitled to be paid its additional costs incurred as a result of the suspension.
3. When an order made under section 4.17.a. above is cancelled, the Purchaser must resume Work in accordance with the Contract as soon as practicable. If the suspension has affected the Purchaser's ability to meet any performance or delivery date under the Contract, the date for performing the part of the Work affected by the suspension will be extended for a period equal to the period of suspension plus a period, if any, that in the opinion of the GCSurplus Divestment Officer, following consultation with the Purchaser, is necessary for the Purchaser to resume the Work. Any equitable adjustments will be made as necessary to any affected conditions of the Contract.
18. TERMINATION FOR DEFAULT
1. If the Purchaser is in default in carrying out any of its obligations under the Contract, or is bankrupt or insolvent or in receivership, the GCSurplus Divestment Officer may, by giving written notice to the Purchaser, terminate for default the Contract or part of the Contract. Upon the giving of such notice, the Purchaser will remain liable to GCSurplus for all losses and damages suffered by GCSurplus because of the default, including loss of profit and/or retendering cost. In the event of a Termination for default GCSurplus will keep as a minimum the full amount of the security deposit as detailed in the Contract.
19. CONFLICT OF INTEREST, VALUES AND ETHICS, CODES FOR THE PUBLIC SERVICE
1. The Purchaser acknowledges that individuals who are subject to the provisions of the Conflict of Interest Act, (S.C. 2006, c. 9, s .2), the Conflict of Interest Code for Members of the House of Commons, the Values and Ethics Code for the Public Service or all other codes of values and ethics applicable within specific organizations cannot derive any direct benefit resulting from the Contract.
20. NO BRIBE OR CONFLICT
1. The Purchaser declares that no bribe, gift, benefit, or other inducement has been or will be paid, given, promised or offered directly or indirectly to any official, custodian employee(s) or GCSurplus employee(s), or to a member of the family of such a person, with a view to influencing the entry into the Contract or the administration of the Contract.
2. The Purchaser must not influence, seek to influence or otherwise take part in a decision of GCSurplus knowing that the decision might further its private interest. The Purchaser must have no financial interest in the business of a third party that causes or would appear to cause a conflict of interest in connection with the performance of its obligations under the Contract. If such a financial interest is acquired during the period of the Contract, the Purchaser must immediately declare it to the GCSurplus Divestment Officer.
3. The Purchaser warrants that, to the best of its knowledge after making diligent inquiry, no conflict exists or is likely to arise in the performance of the Contract. In the event the Purchaser becomes aware of any matter that causes or is likely to cause a conflict in relation to the Purchaser's performance under the Contract, the Purchaser must immediately disclose such matter to the GCSurplus Divestment Officer in writing.
4. If the GCSurplus Divestment Officer is of the opinion that a conflict exists as a result of the Purchaser's disclosure or as a result of any other information brought to the GCSurplus Divestment Officer's attention, the GCSurplus Divestment Officer may require the Purchaser to take steps to resolve or otherwise deal with the conflict or, at its entire discretion, terminate the Contract for default. Conflict means any matter, circumstance, interest, or activity affecting the Purchaser, its personnel or subcontractors, which may or may appear to impair the ability of the Purchaser to perform the Work diligently and independently.
21. CONTINGENCY FEES
1. The Purchaser certifies that it has not, directly or indirectly, paid or agreed to pay and agrees that it will not, directly or indirectly, pay a contingency fee for the solicitation, negotiation or obtaining of the Contract to any person, other than an employee of the Purchaser acting in the normal course of the employee's duties. In this article, "contingency fee" means any payment or other compensation that depends or is calculated based on a degree of success in soliciting, negotiating or obtaining the Contract and "person" includes any individual who is required to file a return with the registrar pursuant to section 5 of the Lobbying Act (R,C,S,m 1985, c.44 (4th Supp.)).
22. CODE OF CONDUCT FOR PURCHASE OF SURPLUS ASSET(S)
1. The Purchaser certifies that it has read the Code of Conduct for Purchase of Surplus Asset(s) as detailed in Code of Conduct for Purchase of Surplus Asset(s) clause and agrees to be bound by its terms.
23. REPORTING
1. GCS may request the Purchaser to compile and maintain records on its provision of requested pick-ups under approved Pick-up Authorizations issued under the Contract and upon request, the Purchaser could be required to submit data on a quarterly basis to the Custodian Project Authority.
2. Electronic reports must be completed and forwarded to the GCSurplus Divestment Officer no later than fifteen (15) calendar days after the end of the quarterly period. If no pick-up is provided during a given period, the Purchaser must provide a "NIL" report.
3. If the Purchaser does not comply with the above reporting requirements, GCSurplus has the right, pursuant to the default provision of the Contract, to terminate the Contract for default.
24. TERMS OF PAYMENT
1. Payments for the Asset(s) must be made in the form of a certified cheque made out to the Receiver General for Canada and submitted to the GCSurplus Divestment Officer, or online by Debit Card, Visa, MasterCard or Amex credit card payment or at one of the GCSurplus Centers.
2. The payment must be made within twenty (20) business days from the date of the invoice. A payment is considered overdue on the twenty-first (21st) day following the date of the invoice and interest will be charged automatically.
3. If the content of the invoice are not in accordance with the Contract, The Purchaser will notify the GCSurplus Representative within five (5) business days of date of invoice. The twenty (20) business days payment period begins upon receipt of the revised invoice. Failure by the Purchaser to notify GCSurplus within five (5) business days will only result in the date specified in section 4.24.b. above, to apply for the sole purpose of calculating interest on overdue accounts.
25. PRIORITY OF DOCUMENTS
1. The following documents constitute the entire Agreement between the Purchaser and PWGSC. If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list as follows:
1. the Contract;
2. the Requirement;
3. the General Terms and Conditions B;
4. the bidder's bid
26. LIABILITY
1. The Purchaser is liable for any damage caused by the Purchaser, its employees, sub-Contractor(s), or agents to GCSurplus or any third party. GCSurplus is liable for any damage caused by GCSurplus, its employees or agents to the Purchaser or any third party. The Parties agree that no limitation of liability or indemnity provision applies to the Contract unless it is specifically incorporated in full text in the Articles of Agreement. Damage includes any injury to persons (including injury resulting in death) or loss of or damage to property (including real property) caused as a result of or during the performance of the Contract.
27. INDEMNITY
1. GCSurplus, the Ministers of Public Works and Government Services and the Custodian department, as well as their servants, agents and any of their respective sub-contractors or suppliers, must not in any way be liable or responsible for any and all losses, costs, damages, expenses, and liabilities suffered or incurred by the Purchaser which are in any way connected with the performance or non-performance of the Contract.
2. The Purchaser must indemnify and save harmless GCSurplus, the Ministers of Public Works and Government Services Canada and their servants, agents and any of their respective sub-contractors or suppliers, from and against any damages, costs or expenses or any claim, action, suit or other proceeding which they or any of them may at any time incur or suffer as a result of or arising out of:
1. any injury to persons (including injuries resulting in death) or loss of or damage to property of others which may be or be alleged to be caused by or suffered as a result of the performance of the Contract or any part thereof, and/or
2. or occasioned in any way by the use or operation by the Purchaser of the Asset(s) and associated Asset(s) subsequent to their removal by the Purchaser.
3. This Article, as well as any other provision of the agreement, will survive the Completion, expiry or cancellation of the Contract.
28. INSURANCE REQUIREMENTS
1. The Purchaser must comply with the insurance requirements specified herein. The Purchaser must maintain the required insurance coverage for the duration of the Contract. Compliance with the insurance requirements does not release the Purchaser from or reduce its liability under the Contract.
2. The Purchaser is responsible for deciding if additional insurance coverage is necessary to fulfill its obligation under the Contract and to ensure compliance with any applicable law. Any additional insurance coverage is at the Purchaser's expense, and for its own benefit and protection.
3. The Purchaser must provide a letter from an insurance broker or an insurance company licensed to operate in Canada to the GCSurplus Divestment Officer within ten (10) calendar days after the date of award of the Contract stating that the Purchaser is insured in accordance with the Insurance Requirements specified in Commercial General Liability and Automobile Liability Insurance clauses found herein for the duration of the Contract period and that the Insurance Company will inform the GCSurplus Divestment Officer of any cancellation to the policy.
29. COMMERCIAL GENERAL LIABILITY INSURANCE
1. GCSurplus, the Ministers of Public Works and Government Services and the Custodian department, as well as their servants, agents and any of their respective sub-contractors or suppliers, must not in any way be liable or responsible for any and all losses, costs, damages, expenses, and liabilities suffered or incurred by the Purchaser which are in any way connected with the performance or non-performance of the Contract.
2. The Commercial General Liability policies must include the following:
1. Additional Named Insured: GCSurplus is added as an additional named insured, but only with respect to liability arising out of the performance of the Contract.
   
   The interest of GCSurplus as additional insured should read as follows: GCSurplus and Public Works and Government Services Canada.
2. Bodily Injury and Property Damage to third parties arising out of the operations of the Purchaser.
3. Products and Completed Operations: Coverage for bodily injury or property damage arising out of goods or products manufactured, sold, handled, or distributed by the Purchaser and/or arising out of operations that have been completed by the Purchaser.
4. Personal Injury: While not limited to, the coverage must include Violation of Privacy, Libel and Slander, False Arrest, Detention or Imprisonment and Defamation of Character.
5. Cross Liability/Separation of Insureds: Without increasing the limit of liability, the policy must protect all insured parties to the full extent of coverage provided. Further, the policy must apply to each Insured in the same manner and to the same extent as if a separate policy had been issued to each.
6. Blanket Contractual Liability: The policy must, on a blanket basis or by specific reference to the Contract, extend to assumed liabilities with respect to contractual provisions.
7. Employees and, if applicable, Volunteers must be included as Additional Insured.
8. Employers' Liability (or confirmation that all employees are covered by Worker's compensation (Workplace Safety and Insurance Board (WSIB) or similar program).
9. Broad Form Property Damage including Completed Operations: Expands the Property Damage coverage to include certain losses that would otherwise be excluded by the standard care, custody or control exclusion found in a standard policy.
10. Notice of Cancellation: The Insurer will endeavour to provide the Divestment Officer thirty (30) calendar days written notice of policy cancellation.
11. If the policy is written on a claims-made basis, coverage must be in place for a period of at least twelve (12) months after the completion or termination of the Contract.
12. Owners' or Purchasers' Protective Liability: Covers the damages that the Purchaser becomes legally obligated to pay arising out of the operations of a sub-contractor.
13. Non-Owned Automobile Liability - Coverage for suits against the Purchaser resulting from the use of hired or non-owned vehicles.
14. Sudden and Accidental Pollution Liability (minimum one hundred and twenty (120) hours): To protect the Purchaser for liabilities arising from damages caused by accidental pollution incidents.
15. Litigation Rights: Pursuant to subsection 5(d) of the Department of Justice Act (R.S.C., 1985, c. J-2), s.1, if a suit is instituted for or against GCSurplus which the Insurer would, but for this clause, have the right to pursue or defend on behalf of GCSurplus as an Additional Named Insured under the insurance policy, the Insurer must promptly contact the Attorney General of Canada to agree on the legal strategies by sending a letter, by registered mail or by courier, with an acknowledgement of receipt.
    
    For the province of Quebec, send to: Director Business Law Directorate,
    Quebec Regional Office (Ottawa)
    Department of Justice
    284 Wellington Street, Room SAT-6042
    Ottawa, Ontario, K1A 0H8
    
    For other provinces and territories, send to:
    Senior General Counsel
    Civil Litigation Section
    Department of Justice
    234 Wellington Street, East Tower
    Ottawa, Ontario K1A 0H8
    
    A copy of the letter must be sent to the GCSurplus Divestment Officer. GCSurplus reserves the right to co-defend any action brought against GCSurplus. All expenses incurred by GCSurplus to co-defend such actions will be at GCSurplus’ s expense. If GCSurplus decides to co-defend any action brought against it, and GCSurplus does not agree to a proposed settlement agreed to by the Purchaser's insurer and the plaintiff(s) that would result in the settlement or dismissal of the action against GCSurplus, then GCSurplus will be responsible to the Purchaser's insurer for any difference between the proposed settlement amount and the amount finally awarded or paid to the plaintiffs (inclusive of costs and interest) on behalf of GCSurplus.
30. AUTOMOBILE LIABILITY INSURANCE (For vehicles used in the performance of the Work)
1. The Purchaser must obtain Automobile Liability Insurance, and maintain it in force throughout the duration of the Contract, in an amount usual for a Contract of this nature, but for not less than $2,000,000 per accident or occurrence.
2. The policy must include the following:
1. Third Party Liability - $2,000,000 Minimum Limit per Accident or occurrence
2. Accident Benefits - all jurisdictional statutes
3. Uninsured Motorist Protection

Notice of Cancellation: The Insurer will endeavor to provide the GCSurplus Divestment Officer written notice of cancellation.

31. ELECTRONIC WASTE
1. This Contract is not to be used for disposal of Electronic Waste (E-Waste).
2. For purposes of this Contract, E-Waste is defined but not limited to any items containing electronics, CRT monitors, LCD / Plasma televisions and personal computers. Additional items may be added to this list by GCSurplus with advance notice to the supplier.
3. Either before removal or upon tri-aging of the material, should the Purchaser encounter E-Waste in a load then the Purchaser is to immediately notify the GCSurplus Divestment Officer for instructions.
32. ENTIRE AGREEMENT
1. The Contract constitutes the entire and only agreement between the Parties and supersedes all previous negotiations, communications and other agreements, whether written or oral, unless they are incorporated by reference in the Contract. There are no terms, covenants, representations, statements or conditions binding on the Parties other than those contained in the Contract.

Privacy Notice

The Government of Canada and GCSurplus, Public Services and Procurement Canada (PSPC) are committed to providing websites that respect the privacy of visitors. This privacy notice summarizes the privacy practices for the GCSurplus’ online activities.

All personal information collected by this institution is governed by the Privacy Act. This means that you will be informed of the purpose for which your personal information is being collected and how to exercise your right of access to that information.

Your Privacy and the Internet

The nature of the Internet is such that Web servers automatically collect certain information about a visit to a website, including the visitor’s Internet Protocol (IP) address. IP addresses are unique numbers assigned by Internet Service Providers (ISP) to all devices used to access the Internet. Web servers automatically log the IP addresses of visitors to their sites. The IP address, on its own, does not identify an individual. However, in certain circumstances, such as with the co-operation of an ISP for example, it could be used to identify an individual using the site. For this reason, the Government of Canada considers the IP address to be personal information, particularly when combined with other data automatically collected when visitor requests a Web page such as the page or pages visited, date and time of the visit.

Unless otherwise noted, GCSurplus does not automatically gather any specific information from you, such as your name, telephone number or email address. GCSurplus would obtain this type of information only if you supply it to us, for example, by email or by filling in a contact form. In such cases, how your personal information is handled will be provided in a Personal Information Collection Statement.

In cases where services are provided by organizations outside of the Government of Canada, such as social media platforms or mobile applications, IP addresses may be recorded by the Web server of the third-party service provider.

Communicating with the Government of Canada

If you choose to send GCSurplus an email or complete a feedback form online, your personal information is used by GCSurplus in order to respond to your inquiry. The information you provide will only be shared with another government institution if your inquiry relates to that institution. GCSurplus does not use the information to create individual profiles nor does it disclose the information to anyone other than to those in the federal government who need to provide you with a response. Any disclosure of your personal information is in accordance with the Privacy Act.

Emails and other electronic methods used to communicate with the Government of Canada are not secure unless it is specifically stated on a Web page. Therefore, it is recommended that you do not send sensitive personal information, such as your Social Insurance Number or your date of birth, through non-secure electronic means.

Personal information from emails or completed feedback forms is collected pursuant to the Department of Public Works and Government Services Act (S.C. 1996, c. 16). Such information may be used for statistical, evaluation and reporting purposes and is included in Personal Information Bank Public Communications (PSU 914).

Third-Party Social Media

GCSurplus use of social media serves as an extension of its presence on the Web. Social media account(s) are public and are not hosted on Government of Canada servers. Users who choose to interact with us via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications you use to access them. GCSurplus uses Facebook, Twitter, YouTube .

Personal information that you provide to the Government of Canada via social media account(s) is collected under the authority of the Department of Public Works and Government Services Act (S.C. 1996, c. 16) . This information is collected to capture conversations (e.g. questions and answers, comments, “likes”, retweets) between you and GCSurplus. It may be used to respond to inquiries, or for statistical, evaluation and reporting purposes. Comments posted that violate Canadian law will be deleted and disclosed to law enforcement authorities. Comments that violate our rules of engagement will also be deleted. The personal information is included in Personal Information Bank Outreach Activities (PSU 938) .

Digital Markers (including cookies)

A digital marker is a resource created by the visitors’ browser in order to remember certain pieces of information for the Web server to reference during the same or subsequent visit to the website. Examples of digital markers are “cookies” or HTML5 web storage. Some examples of what digital markers do are as follows:

• they allow a website to recognize a previous visit each time the visitor accesses the site;
• they track what information is viewed on a site which helps website administrators ensure visitors find what they are looking for.

GCSurplus uses sessional and persistent digital markers on some portions of its website. During your on-line visit, your browser exchanges data with GCSurplus Web server. The digital markers used do not allow GCSurplus to identify individuals.

You may adjust your browser settings to reject digital markers, including cookies, if you so choose. However, it may affect your ability to interact with GCSurplus website.

Web Analytics

Web analytics is the collection, analysis, measurement, and reporting of data about Web traffic and visits for purposes of understanding and optimizing Web usage. Information in digital markers may be used for the purpose of web analytics to remember your online interactions with GCSurplus website.

GCSurplus uses Adobe Analytics to improve its web site. When your computer requests a GCSurplus Web page, our institution collects the following types of information for Web analytics:

• the originating IP address
• the date and time of the request
• the type of browser used
• the page(s) visited

GCSurplus uses Adobe Analytics an external third party service provider. Your IP address is anonymized prior to being stored on the service provider’s servers in order to help safeguard your privacy.

Data collected for Web analytics purposes goes outside of Canada to the United States of America (USA) and may be subject to USA laws, including the USA PATRIOT Act. In addition, Adobe operates servers in other countries on which the web analytics data may be processed. Consequently, the data may be subject to the governing legislation of the country where it is processed. For Adobe Analytics, the Government of Canada has specified that personal information can only be stored on servers in Canada, the United States, the European Union, Australia, Israel, New Zealand, Norway, and Switzerland.

For more information about the privacy policies of these service providers, please visit their individual websites or use the following links:

• Adobe Marketing Cloud Privacy

For more information on how your privacy is safeguarded in relation to web analytics, see the Directive on Privacy Practices: Appendix E: Standard on Privacy and Web Analytics.

Protecting the Security of GCSurplus Websites

GCSurplus employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the IP address of the computer that has contacted our website, the date and time of the visit and the pages visited. We make no attempt to link these addresses with the identity of individuals visiting our site unless an attempt to damage the site has been detected.

This information is collected pursuant to section 161 of the Financial Administration Act. The information may be shared with appropriate law enforcement authorities if suspected criminal activities are detected. Such information may be used for network security related statistical purposes, audit, evaluation, research, planning and reporting and is included in Personal Information Bank Security Incidents (PSU 939).

Inquiring about these Practices

Any questions, comments, concerns or complaints you may have regarding the administration of the Privacy Act and privacy policies regarding GCSurplus Web presence may be directed to our Access to Information and Privacy Coordinator, by calling 873-469-3721 or writing to

Public Services and Procurement Canada
Access to Information and Privacy Directorate
Portage III Room 5C1
11 Laurier St
Gatineau QC K1A 0S5.

If you are not satisfied with GCSurplus response to your privacy concern, you may wish to contact the Office of the Privacy Commissioner by telephone at 1-800-282-1376.

Using Files Located on Non-Government of Canada Servers

To improve the functionality of Government of Canada websites, certain files (such as open source libraries, images and scripts) may be delivered automatically to your browser via a trusted third-party server or content delivery network. The delivery of these files is intended to provide a seamless user experience by speeding response times and avoiding the need for each visitor to download these files. Where applicable, specific privacy statements covering these files are included in our Privacy Notice.

Providing Content in Canada’s Official Languages

The Official Languages Act, the Official Languages (Communications with and Services to the Public) Regulations and Treasury Board policy requirements establish when we use both English and French to provide services to or communicate with members of the public. When there is no obligation to provide information in both official languages, content may be available in one official language only. Information provided by organizations not subject to the Official Languages Act is in the language(s) provided. Information provided in a language other than English or French is only for the convenience of our visitors.

Linking to Non-Government of Canada Websites

Links to websites not under the control of the Government of Canada, including those to our social media accounts, are provided solely for the convenience of our website visitors. We are not responsible for the accuracy, currency or reliability of the content of such websites. The Government of Canada does not offer any guarantee in that regard and is not responsible for the information found through these links, nor does it endorse the sites and their content.

Visitors should also be aware that information offered by non-Government of Canada sites to which this website links is not subject to the Privacy Act or the Official Languages Act and may not be accessible to persons with disabilities. The information offered may be available only in the language(s) used by the sites in question. With respect to privacy, visitors should research the privacy policies of these non-government websites before providing personal information.

Our Commitment to Accessibility

The Government of Canada is committed to achieving a high standard of accessibility as defined in the Standard on Web Accessibility and the Standard on Optimizing Websites and Applications for Mobile Devices. In the event of difficulty using our Web pages, applications or device-based mobile applications, please contact us for assistance or to obtain alternative formats such as regular print, Braille or another appropriate format.

Interacting With Us on Social Media

This notice has been written to explain how the Government of Canada interacts with the public on social media platforms.

Your engagement with the Government of Canada via social media is in part governed by the Terms of Service/Use of the relevant third-party social media platform providers, as well as the following Terms and Conditions. The Government of Canada has no control over the social media platform providers’ Terms of Service/Use, but you are strongly encouraged to read them in addition to those that follow.

Content and Frequency

The Government of Canada uses social media accounts as an alternative method of interacting with Canadians and of sharing the content posted on its website, facilitating access to Government of Canada information and services, and providing stakeholders with an opportunity to interact in an informative and respectful environment.

Because social media platforms and their computer servers are managed by a third party, social media accounts are subject to downtime that may be out of the Government of Canada’s control. The government accepts no responsibility for platforms becoming unresponsive or unavailable.

Links to Other Websites and Ads

Social media accounts may post or display links or ads for websites that are not under the control of the government of Canada. These links are provided solely for the convenience of users. The government is not responsible for the information found through these links or ads; neither does it endorse the sites or their content.

Following, “Favouriting” and Subscribing

The Government of Canada’s decision to follow, "like" or subscribe to another social media account does not imply an endorsement of that account, channel, page or site, and neither does sharing (re-tweeting, reposting or linking to) content from another user.

Comments and Interaction

The Government of Canada will read comments and participate in discussions when appropriate. Your comments and contributions must be relevant and respectful.

The Government of Canada will not engage in partisan or political issues or respond to questions that violate these Terms and Conditions.

The Government of Canada reserves the right to remove comments and contributions, and to block users based on the following criteria:

The comments or contributions:

• include personal information
• include protected or classified information of the Government of Canada
• infringe upon intellectual property or proprietary rights
• are contrary to the principles of the Canadian Charter of Rights and Freedoms, Constitution Act, 1982
• are racist, hateful, sexist, homophobic or defamatory, or contain or refer to any obscenity or pornography
• are threatening, violent, intimidating or harassing
• are contrary to any federal, provincial or territorial laws of Canada
• constitute impersonation, advertising or spam
• encourage or incite any criminal activity
• are written in a language other than English or French
• otherwise violate this notice

The Government of Canada reserves the right to report users and/or their comments and contributions to third-party social media service providers to prevent or remove the posting of content that is contrary to these Terms and Conditions, or to the Terms of Service/Use of the third-party social media platform.

Accessibility of Social Media Platforms

Social media platforms are third-party service providers and are not bound by Government of Canada standards for Web accessibility.

Copyright

Information that we post is subject to the Copyright Act.

Privacy

Social media accounts are not Government of Canada websites and represent only their presence on third-party service providers.

The Government of Canada uses various social media platforms to tell you about and get your input on government services, programs and initiatives. At times, the government may need to collect personal information from you.

This page tells you:

• what we mean by “personal information”
• what we do with it

It also tells you about:

• your rights and responsibilities with respect to your personal information
• what you can do if you have questions or concerns

Personal information is information about you that is recorded in any form and that can be used to identify you. Personal information includes:

• your name
• contact information
• Internet Protocol (IP) address
• social media profile information
• social media “likes” or retweets

We might use your personal information to:

• respond to your enquiries
• compile statistics and reports
• consult you about topics that might interest you
• enable you to participate in outreach activities
• allow for the sharing of opinions, knowledge, expertise and best practices
• evaluate programs

If you make inappropriate comments or contributions, we may remove them. We may also block you or report you to third party social media service providers if your comments or contributions violate the terms and conditions for interacting on social media. When doing so and to the extent necessary, we may use and disclose your personal information.

We can make the content of social media interactions publicly available if we have notified participants in advance. We will get your consent to use your personal information to create mailing lists so that we can contact you about upcoming events or to ask you for your views on particular issues.

We will not use any personal information that we collect from you through social media accounts to make decisions in processes that you are directly involved in, for example, an employment insurance application, a grant application or a citizenship application.

The following personal information banks describe how we handle personal information that we collect through our social media accounts: Public Communications (PSU 914) and Outreach Activities (PSU 938).

Your rights

When you interact with Government of Canada official social media accounts, your social media profile information may be recorded as per the practices of the social media platform. However, you have the right to refuse to give us any additional personal information when you interact with us on social media. There will be no legal or administrative consequences, but you might not be able to take part in a particular activity.

You can ask to access personal information that you have given us or that may have been created when you have interacted with us through our social media accounts. We don’t collect and retain this information with the intention of it being retrievable, so if you ask to access to it, please give the date and time of the interaction and any other details that could help us retrieve it. To access this information, you can fill out a personal information request form.

Your responsibilities

If you choose to interact with us on social media, you should read the terms and conditions for doing so. You should also read the terms of service and the privacy policies of the social media platform provider and those of any applications you use to access that platform.

Our responsibilities

Whenever we collect personal information from you on social media and whenever personal information is created as a result of your interactions with us on social media, we have to comply with the Privacy Act and the Access to Information Act.

Questions and concerns

If you have questions, comments, concerns or complaints about how we collect, use and store your personal information, contact the privacy coordinator of the government institution that holds the information.

If you are not satisfied, contact the Office of the Privacy Commissioner by telephone at 1 800 282-1376 or visit the Office of the Privacy Commissioner website.

Official Languages

Many social media platforms have multiple language options and provide instructions on how to set your preferences. The Government of Canada respects the Official Languages Act and is committed to ensuring that our information of is available in both French and English and that both versions are equal quality.

We reply to comments in the official language in which they are posted. If we think the response is a question of general public interest, we may respond in both official languages.

We may share links that direct users to sites of organizations or other entities that are not subject to the Official Languages Act and available only in the language(s) in which they are written. When content is available in only one language, we make an effort to provide similar content in the other official language.

Questions and Media Requests
Reporters are asked to send questions to our media relations professionals.

National media contacts:

Regional media contacts:

Can I copy GCSurplus images, videos or text to advertise the resale of an item on other websites?

Images, videos and text from the advertisements on GCSurplus have been prepared and published under the direction of the government of Canada and are subject to crown copyright.

Crown copyright is governed by section 12 of the Copyright Act (R.S.C., 1985, c. C-42)[1], which covers all works that are "prepared or published by or under the direction or control of His Majesty or any government department." [1] It lasts until the end of 50 years after the year of creation.

When permission is required

Permission is always required when the work is being revised, adapted, or translated regardless if the purpose of the reproduction is for personal or public non-commercial distribution, or for cost-recovery purposes.

Permission is always required when the work being reproduced will be distributed for commercial purposes.

Commercial reproduction

Reproduction of multiple copies of materials on this site, in whole or in part, for the purposes of commercial redistribution is prohibited except with written permission from the Government of Canada's (GC) copyright administrator, PSPC. Through the permission-granting process, PSPC helps to ensure that individuals or organizations wishing to reproduce Government of Canada materials for commercial purposes have access to the most accurate, up-to-date versions. To obtain permission to reproduce Government of Canada materials on this site for commercial purposes please contact:

Department

Public Services and Procurement Canada
Communications

Address

11 Laurier Street, Phase III, Place du Portage
Gatineau, QC K1A 0S5

Email

questions@pwgsc-tpsgc.gc.ca

When permission is not required

Permission to reproduce Government of Canada works, in part or in whole, and by any means, for personal or public non-commercial purposes, or for cost-recovery purposes, is not required, unless otherwise specified in the material you wish to reproduce.

A reproduction means making a copy of information in the manner that it is originally published the reproduction must remain as is, and must not contain any alterations whatsoever.

The terms personal and public non-commercial purposes mean a distribution of the reproduced information either for your own purposes only, or for a distribution at large whereby no fees whatsoever will be charged.

The term cost-recovery means charging a fee for the purpose of recovering printing costs and other costs associated with the production of the reproduction.

Important:

You must comply with the specific non-commercial reproduction requirements set forth here under.

• Exercise due diligence in ensuring the accuracy of the materials reproduced.
• Indicate both the complete title of the work reproduced, as well as the author organization.
• Indicate that the reproduction is a copy of an official work that is published by the Government of Canada and that the reproduction has not been produced in affiliation with, or with the endorsement of the Government of Canada.

Is permission needed to reproduce Government of Canada symbols such as corporate signatures, the Canada wordmark, the Arms of Canada, and the Canadian flag?

All Government of Canada symbols are protected under the Trade-marks Act. The Arms of Canada, the Government of Canada signature, and the Canada wordmark are exclusive trademarks of the Government of Canada. Individuals or institutions external to the Government of Canada cannot use these marks without prior authorization. Requests for permission should be forwarded to:

Federal Identity Program
Treasury Board of Canada Secretariat
90 Elgin Street
Ottawa, Ontario K1A 0R5

Telephone: 613-957-2533
Fax: 613-946-5187
Email: information@fip-pcim.gc.ca

Canadians are free to use and display the National Flag of Canada as they wish. However, the Trade-marks Act protects the National Flag of Canada against unauthorized commercial use. All requests about the National flag of Canada for commercial use should be addressed to the Department of Canadian Heritage at the following address:

Ceremonial and Canadian Symbols Promotion
State Ceremonial and Protocol Directorate
Department of Canadian Heritage
Ottawa Ontario, K1A 0M5

Telephone: 819-994-1616
Fax: 819-997-8550