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TERMS & CONDITIONS - Sale of Target Surplus Assets

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1. Definitions.  As used in this document, "Seller" means Target Corporation, "Buyer" means the company purchasing the articles from the Seller and "Equipment" means the articles listed for sale by Target Corporation.

2. Terms.  Any term or condition which is inconsistent with what is stated in this document, as it relates to Equipment, will not be applicable or binding on the Seller. If the Buyer objects to the terms herein, the objection must be in writing and received by the Seller at 1000 Nicollet Mall, TPN 0725, Minneapolis, MN 55403 prior to any performance by the Seller or retention of Equipment by the Buyer. Any receipt or retention of Equipment by the Buyer constitutes acceptance of Seller's terms.

3. Warranties and Disclaimers.  Seller is selling Equipment in AS IS, WHERE IS condition and WITH ALL FAULTS. Seller makes NO WARRANTIES, EXPRESS OR IMPLIED, including but not limited to, any IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller shall not be responsible for any damages to any person or personal property as a result of the possible deficiencies or failures of the Equipment. Seller warrants that it has title to the Equipment and has the right to sell the same.

4. Shipping and Handling.  Buyer shall present its Federal Tax Identification Number at the time of purchase. All purchased Equipment shall be FOB from Seller's designated location. Buyer shall bear all insurance and transportation expenses, including but not limited to, responsibility for any associated taxes, duties and other expenses incurred, documentation, licenses or clearances required for destination. Buyer shall arrange the location for Equipment pick-up with Seller prior to Seller's pick-up and receipt. Buyer shall be responsible for any shipment preparation necessary to pick up and transport purchased Equipment. Seller shall not be responsible for any damage to Equipment during the pick-up and transport process.

5. Payment.  Seller requires full payment from Buyer prior to Buyer's pick-up or receipt of Equipment. Acceptable methods of payment are secured funds such as cashier's or certified check, wire transfer or money order. Company checks may be acceptable upon Seller's prior approval. Payment shall be presented to Seller no later than five (5) days prior to Buyer's intended pick-up date. In the event of any default by Buyer, Seller may decline to make Equipment available.

6. Indemnity.  (a) Buyer agrees to defend, indemnify and hold harmless, Seller, its officers, agents and employees from and against all claims, losses, costs, expenses, and damages arising from or related to the sale, pick-up and use of the Equipment, including dismantling or other work Buyer may perform on the Equipment which may release chemicals, hazardous substances or impair the integrity of the Equipment as a whole. Any environmental damage resulting from Buyer's use and handling of Equipment shall be the responsibility of the Buyer to repair and/or remediate.   (b) To the extent that any goods sold to Buyer contain any hazardous materials, Buyer will take all steps necessary to properly and adequately warn, educate, train and supervise its employees, agents and any other third parties who come into contact with the goods (including, but not limited to, Buyer's successors and assigns), regarding the possible presence of a hazardous substance in or on the goods. Buyer shall also follow all applicable laws related to any special handling or cautions prior to transporting, using, disposing or otherwise handling the Equipment.

7. Representation.  Employees or representatives of the Seller are not authorized to make any statement as to the quality and condition of the Equipment being offered for sale, other than the written statement made in this document. Buyer acknowledges that any such statement made will not be binding on the Seller. Buyer affirms that Buyer has not relied on Seller's skill or judgment to furnish the goods for a particular purpose.

8. Legal Compliance.  Buyer shall comply with all applicable federal, state and local laws and Seller's site safety rules as they pertain to the pick-up, transport and use of the Equipment. Some Equipment covered by these terms may be included or affected by export license control exercised by the U.S. government prior to any planned export by Buyer. Buyer asserts that it shall obtain any licenses required by applicable U.S. laws. Buyer also asserts that it shall not, without prior authorization from the U.S. government, knowingly export or re-export Equipment, directly or indirectly, to any recipient or destination to which such export or re-export is restricted or prohibited by U.S. law.

9. Failure to Perform.  If Buyer does not pick up the Equipment within ten (10) days of the scheduled pick-up date, Seller shall consider the Equipment to have been abandoned by the Buyer. Buyer shall forfeit any funds paid to Seller for the Equipment and shall be responsible for any damages suffered by the Seller due to Buyer's failure to perform. Seller reserves the right to re-sell the abandoned equipment.

10. Governing Laws.  The terms of this agreement shall be governed by the laws and regulations of the State of Minnesota without regard to conflict of laws principles. Any legal action or proceeding related to the terms herein, the Equipment or the Target Website shall be brought exclusively in a federal or state court of competent jurisdiction within the State of Minnesota.

11. Assignment.  These terms shall be binding upon and inure to the benefit of the parties and their successors, but shall not be assignable, without the consent of the non-assigning party, which shall not be unreasonably withheld.