Salvage buyers must accept the following terms and conditions in order to purchase products, goods, materials, etc. ("Product").
CSX Employees
- Employees of CSX Corporation, CSX Transportation, Inc. (CSXT), or any of its subsidiaries or affiliates and their immediate family members are prohibited from registering and conducting business as a salvage buyer. Immediate family members are defined as to include spouses, children, brother/sisters, in-laws, parents and any relations living in the same household.
Customer Protection
- Salvage buyer is prohibited from selling product to any party to the original bill of lading contract.
- Salvage buyer may be required to obliterate identifying marks from certain product before resale.
Salvage Offers
- Salvage buyers may amend offers until close of sale but may not retract offers after the close of sale.
- CSXT reserves the right to reject all offers.
Notification
- Only the successful buyer will be notified.
Payment
- Salvage buyer must pay by wire transfer (ACH) within 3 working days of award. If payment is not received within 3 working days CSXT reserves the right to award the product to the next-highest offer without notification to the original salvage buyer. The original salvage buyer who failed to pay will not be considered for future salvage opportunities.
Weights
- Railroad weights will govern sale unless otherwise indicated in specific terms of sale.
- If truck weights will govern sale, certified scale tickets will be required.
Safety
- Salvage buyer and its employees and agents will be required to sign liability release form prior to entering onto, and inspecting product on, rail property.
- Salvage buyer and its employees and agents will be required to comply with all rail safety rules and directions of CSXT local management while on rail property.
- Salvage buyer and its employees and agents will be required to check in with CSX official upon entering CSX property.
Disposition of rail car and/or product
- Salvage buyer must provide disposition (i.e., shipping instructions including destination and consignee) of rail car immediately upon notification of receipt of payment.
- Salvage buyer is responsible for all demurrage charges (origin and destination) following sale. Rail car must be emptied, cleaned and returned to service no more than 3 days following arrival at buyer's destination.
- If salvage is in a warehouse or storage facility, salvage buyer is responsible for storage charges commencing immediately upon receipt of notice by CSXT that it is the successful buyer unless otherwise indicated in the specific terms of sale.
Disclaimer
- PRODUCT IS SOLD "AS IS/WHERE IS" UNLESS OTHERWISE INDICATED IN SPECIFIC TERMS OF SALE AND SPECIFICALLY AGREED UPON BY CSXT. ALL DESCRIPTIONS ARE FOR THE PURPOSE OF IDENTIFICATION ONLY. CSXT MAKES NO GUARANTEE, WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED TO KIND, SIZE, WEIGHT, QUALITY, DESCRIPTION OR CONDITION OF ANY OF THE PRODUCT OR ITS FITNESS FOR ANY USE OR PURPOSE.
CSX reserves the right to reject any and all salvage offers. CSX reserves the right to suspend access by any party to all or part of its salvage opportunities, without notice.
Indemnification
- Salvage buyer shall be responsible for, and shall release, protect, defend, indemnify and save harmless CSXT, its successors and assigns, and its or their officers, agents and employees from and against any and all loss, damage, cost and expense, including, but not limited to, fees and expenses of attorneys, investigators and experts, and any and all claims, settlements, suits and demands arising out of:
- loss of and damage to property of, and personal injuries, illness or death to, salvage buyers, its officers, agents, employees or any person associated in any manner with salvage buyer and any subcontractor or buyer of salvage buyer while on the premises of CSXT for the purpose of performing this Agreement, regardless of whether said losses, damages, personal injuries, illness or death are caused in whole or part by the fault, failure or negligence of CSXT, its officers, agents or employees, or are otherwise caused by; and
- loss of and damage of property of, and personal injuries, illness or death to, CSXT, its officers, agents or employees which result while salvage buyer, its officers, agents, employees, or any person associated in any manner with salvage buyer, or any subcontractor or buyer of salvage buyer, is on the premises of CSXT for the purpose of performing this Agreement, regardless of how said losses, damages, expenses, personal injuries, illness or death are caused except when caused in whole by the sole fault, failure or negligence of CSXT, its officers, agents or employees; and
- loss of and damage to the Product or other property of, and personal injuries, illness or death to, any person resulting from the resale, distribution or disposition of such Product by salvage buyer, its officers, agents, employees or any person associated in any manner with salvage buyer, or any subcontractor or buyer of salvage buyer, regardless of whether said losses, damages, personal injuries, illness or death are caused in whole or part by the fault, failure or negligence of CSXT, its officers, agents or employees, or are otherwise caused; and
- loss of and damage to the product or other property of, and personal injury, illness or death to, any person resulting from a defect in the Product for which strict liability could be imposed regardless of whether said defect arose while CSXT had possession of the product, or at some time; and
- loss of and damage to the Product or other property of, and personal injuries, illness or death to, any person resulting from the resale, distribution or disposition of such Product by salvage buyer, its officers, agents, employees or any person associated in any manner with salvage buyer or any subcontractor or buyer of salvage buyer in violation of any applicable municipal, state of federal pure food, health or quarantine laws, ordinances or regulations, now existing or hereinafter enacted.
