CONTROLLING PROVISIONS
These terms and conditions shall control with respect to any purchase order
or sale of sellers products.
DELIVERY
Seller will make every effort to complete delivery of products as indicated
on Seller’s acceptance of an order, but Seller accepts no responsibility
or liability, and will accept no back charge, for loss or damage due to
delay or inability to deliver goods. Seller shall not be liable for
any special or consequential damages or for loss, damage or expense directly
or indirectly arising from delays or failure to give notice of delay. All
agreements are subject to availability of material, strikes, accidents,
or other causes beyond our control.
WARRANTY
We warrant for one year from date of shipment our manufactured products
to the extent that we will replace those having manufactured defects when
used for the purpose which we recommend. If goods are defective, the
amount of damage is the price of the defective goods only and no allowance
will be made for labor or expense of repairing defective goods or damage
resulting from the same. We warrant the products we sell of other
manufacturers to the extent of the warranties of their respective maker. This
is the seller’s sole warranty. Seller makes no other warranty
of any kind, expressed or implied; and all implied warranties of merchantability
and fitness for a particular purpose which exceed seller’s aforestated
obligation are hereby disclaimed by seller and excluded from this warranty.
For special order products made to the customer’s specification, warranty
is not valid and we are not responsible for load requirements or liable
for damages incurred from product failure. Claims respecting the condition
of Goods or their non-compliance with specifications must be made by Buyer
promptly after receipt of such Goods, and Seller must be given reasonable
opportunity to investigate. Buyer shall set aside and hold such Goods,
without further processing or installation, until Seller advises Buyer regarding
the disposition to be made of it, which advice Seller hereby agrees to furnish
within a reasonable time. Any transportation charges involved in such
disposition shall be borne by Buyer.
SELLER’S LIABILITY
Seller’s liability for any breach of warranty with respect to goods
shall be limited to replacement or repair of non-conforming goods, or, at
seller’s option, credit of the purchase price. In no event shall seller
be liable for any consequential damages or claims for labour, processing
or installations by reason of any such breach or warranty. Buyer shall have
no right to procure substitute goods at the cost or expense of seller. Purchaser
further agrees to indemnify and hold seller harmless from and against all
losses, damages, obligations, liabilities, suits and causes of action arising
from any breach of warranty under this section.
RETURNS
Seller cannot accept return of any products unless its written permission
has been first obtained, in which case same will be credited subject to
the following: (a) all material returned must, on its arrival at seller’s
plant, be found to be in first class condition; if not, cost of putting
in saleable condition will be deducted from credit memoranda; (b) a handling
charge deduction of thirty percent (30%) will be made from all credit memoranda
issued for material returned; and all transportation charges, if not prepaid,
will be deducted from credit memoranda.
SPECIAL PRODUCTS
Orders covering special or non standard goods are not subject to cancellation
or returns except on such terms as we may specify on application
SHIPMENTS/SHORTAGES/CLAIMS
All products sent out will be carefully examined, counted and packed. The
cost of any special packing or handling caused by buyer’s requirements
or requests shall be added to the amount of the order. No claim for
shortages will be allowed unless made in writing, within ten (10) days of
receipt of shipment. Claims for products damaged or lost in transit
should be made on the carrier, as Seller’s responsibility ceases,
and title passes, on delivery to the carrier.
FREIGHT ALLOWANCE
All prices are F.O.B. point of shipment.
All weights are approximate.
TAXES
All taxes are extra
MINIMUM INVOICE
$72.00 plus transportation charges.
PAYMENT TERMS
Cash. Net 30 days. All accounts must be settled monthly where credit has
been established unless otherwise specified. One-and-a-half percent
(1 ½ %) per month, or eighteen percent (18 %) per annum will be charged
commencing on the 31 day after the date of invoice.
QUOTE VALIDITY
All quotations are valid for a period of 30 days, and material availability
is quoted subject to prior sale.
PRICES AND DESIGNS
Prices and designs are subject to change without notice. All prices
are FOB point of shipment unless otherwise stated.
FUEL / STEEL ESCALATION
Pricing is subject to fuel / steel escalation surcharges.
DIMENSIONS AND WEIGHTS
All listed dimensions and weights are an approximation, and cannot be guaranteed. |