NOTICE OF SALE Page 1 of 2 NOTICE OF SALE Scrap Lumber Manitoba Hydro offers for sale Scrap Lumber as listed on the attached sheets and on the terms and conditions described herein. Offers must be submitted on the "Offer to Purchase" form (attached) and on the Terms and Conditions of Sale therein. Offers will be received until 16:00 hours Manitoba local time, November 14, 2017, at Manitoba Hydro, PURCHASING DEPARTMENT, hand delivered to: MAILROOM - Ground Floor 360 Portage Ave, Winnipeg MB R3C 0G8. mailed to: PO 815 Stn. Main, Winnipeg, Manitoba R3C 2P4 emailed to: lbernhardt@hydro.mb.ca faxed to: 1-204-360-6130 If mailed or hand delivered offers shall be enclosed in a sealed package plainly marked "SALE No. 040812", and the name of submitting company or individual affixed to the outside. All submissions must be date and time stamped upon receipt prior to closing. For technical information contact Mr. Kristen Heintz, Office Supervisor, Thermal Operations Department, Brandon, Manitoba, telephone 1-204-578-3152, and email kheintz@hydro.mb.ca. For any other information regarding this sale contact Ms. Lucy Bernhardt, Purchasing Department, telephone 1-204-360-3920, fax 1-204-360-6130 and Internet e-mail address is lbernhardt@hydro.mb.ca. Manitoba Hydro reserves the right to accept or to reject any or all offers, and the highest offer will not necessarily be accepted. Further, Manitoba Hydro reserves the right to withdraw any ITEM prior to acceptance of an offer for same; regardless of whether the time for receipt of offers has closed and regardless if an offer has been made. Winnipeg, Manitoba G.J. McNeill Manager Purchasing Department
NOTICE OF SALE Page 2 of 2 MANITOBA HYDRO Scrap Lumber Manitoba Hydro offers for sale the following Scrap Lumber on the terms and conditions stated herein: ITEM No. DESCRIPTION QTY. 1. Scrap lumber- various sizes (as per attached picture) 1 Lot NOTE: Offers must be submitted on the OFFER TO PURCHASE form and on the Terms and Conditions of Sale therein. FAILURE TO COMPLETE THIS FORM CORRECTLY MAY INVALIDATE YOUR OFFER. CLOSING DATE: Offers will be received until 16:00 hours Manitoba local time, November 14, 2017, at Manitoba Hydro, PURCHASING DEPARTMENT, hand delivered to: MAILROOM - Ground Floor 360 Portage Ave, Winnipeg MB R3C 0G8. mailed to: PO 815 Stn. Main, Winnipeg, Manitoba R3C 2P4 emailed to: lbernhardt@hydro.mb.ca faxed to: 1-204-360-6130 If mailed or hand delivered offers shall be enclosed in a sealed package plainly marked "SALE No. 040812", and the name of submitting company or individual affixed to the outside. All submissions must be date and time stamped upon receipt prior to closing. All offers are irrevocable and open for acceptance by Manitoba Hydro for a period of 30 days after the final time and date for receipt of offers.
Page 1 of 4 O F F E R T O P U R C H A S E MANITOBA HYDRO Scrap Lumber I/We (hereinafter the Purchaser ) hereby offer to purchase the goods and materials described below (hereinafter the "Goods") at the price(s), and on the Terms and Conditions of Sale, set forth below. TERMS AND CONDITIONS OF SALE 1. All offers must be stated in Canadian Funds. 2. All offers are irrevocable and open for acceptance by Manitoba Hydro for a period of thirty (30) days after the final time and date for receipt of offers. 3. Manitoba Hydro may accept an offer(s), if any, electronically via email or fax, or in writing via regular mail. Notice of such acceptance will be communicated to a Purchaser at the email address, fax number, or mailing address indicated on the offer. Notice shall be deemed effectually given and received when, if made by fax when sent addressed to the Purchaser s fax number, if made via email when sent addressed to the Purchaser s email address, and if made via regular mail when posted. 4. Manitoba Hydro will invoice the Purchaser for the total purchase price of the Goods, plus applicable taxes. The full purchase price plus applicable taxes must be paid by cheque (payable to Manitoba Hydro) and received by Manitoba Hydro not later than seven (7) days after issuance of invoice(s).
Page 2 of 4 5. Purchaser payments shall be mailed to: Attn: Ms. Lucy Bernhardt Manitoba Hydro Purchasing Department PO Box 815 Stn Main Winnipeg MB R3C 2P4 or hand delivered to the MAILROOM - Ground Floor 360 Portage Ave., Winnipeg MB R3C 0G8. 6. The Goods are sold on an "AS IS - WHERE IS" basis. It is understood and agreed that no representation, warranty, collateral agreement, promise, undertaking, guarantee or condition affecting this agreement or the Goods, express or implied, has been made by Manitoba Hydro or its employees or agents. 7. Title and risk of loss to the Goods will transfer from Manitoba Hydro to the Purchaser upon placement of the Goods on to the Purchaser. 8. Insurance for Goods purchased is the sole responsibility of the Purchaser. 9. The Purchaser shall comply with, and shall be liable for the due and proper observance (both by itself, and by its employees, agents, and contractors) of, all applicable federal, provincial, municipal, state, or other laws, by-laws and regulations which are, or may hereafter become, applicable to the Goods, and to this agreement. 10. Each said representation, warranty, and covenant, shall survive the entering into of any agreement of purchase and sale, and shall survive any termination of such agreement. 11. The expiry or termination of this agreement shall not affect or prejudice any rights or obligations that have accrued or arisen under this agreement prior to expiry or termination, and those rights and obligations shall survive the expiry or termination of this agreement. Those provisions of this agreement which, by their nature, are intended or reasonably intended to survive expiry or termination of this agreement and all other provisions of this agreement necessary to give effect thereto, shall survive the expiry or termination of all or any part of this agreement. 12. All sales are subject to 5% Goods and Services Tax. Purchases will be subject to 8% Manitoba Sales Tax unless an applicable Manitoba Sales Tax Number is provided. 13. The Purchaser shall be responsible for any damage caused to Manitoba Hydro property by the Purchaser or those for whom it is legally responsible.
Page 3 of 4 14. The Purchaser shall indemnify and hold harmless Manitoba Hydro against and from any and all claims, damages, losses and expenses whatsoever that Manitoba Hydro may suffer or be put to in respect of: (a) (b) bodily injury, sickness, disease or death, of any person whatsoever, and damage to or loss of any property, real or personal to the extent such injury, damage or loss is attributable to any negligence or breach of contract by the Purchaser or those for whom it is responsible; and provided further such Purchaser obligation shall not apply where such injury, damage or loss is solely attributable to the negligence or breach of contract by Manitoba Hydro or those for whom it is responsible. 15. Manitoba Hydro reserves the right to accept or to reject any or all offers, and the highest offer will not necessarily be accepted. Further, Manitoba Hydro reserves the right to withdraw any ITEM prior to acceptance of an offer for same, regardless of whether the time for receipt of offers has closed and regardless if an offer has been made. 16. Time shall be in all respects of the essence.
Page 4 of 4 ITEM # DESCRIPTION QUANTITY PRICE PER TON 1. Scrap lumber various sizes (as per attached picture) 1 Lot $ NOTE: Offers must be submitted using this OFFER TO PURCHASE form and content. FAILURE TO COMPLETE THIS FORM CORRECTLY MAY INVALIDATE YOUR OFFER. This Offer to Purchase is made and submitted by: (LEGAL Company or Individual Name) (Signature) (Mailing Address) (Name - Please Print) (including postal code) (Manitoba Sales Tax License # [If applicable] (Telephone #) (E-mail) (Fax #) (Date)