TERMS AND CONDITIONS OF SALE
1. The prices quoted apply to quantities shown and are subject to change without notice. Stenographic and clerical errors are subject to correction.
2. The suitability of the product for end use applications is the Purchaser’s responsibility.
3. It is the Purchaser’s responsibility to obtain any Building Permits or Government approvals that may be required. It is also the Purchaser’s responsibility to ensure that the floor is sufficient to carry the installed load.
4. The products supplied hereunder shall be of merchantable quality and will meet all specifications which the Vendor releases in respect thereof. The Purchaser hereby acknowledges receipt of a copy of the specifications and instructional material related to the products supplied.
5. All orders are subject to the Vendor’s approval in respect to credit. If credit has not been arranged, remittance must accompany the order or instruction be given to ship C.O.D. by express, truck, mail, or freight.
6. The Vendor shall not be held responsible for third-party contract agreements unless all information has been made available beforehand.
7. All taxes are extra if applicable.
8. All orders are F.O.B. the Vendor’s plant unless otherwise noted.
9. The Purchaser must sign one copy of acknowledgment and return by mail to sender.
10. Manufacturing or lead-time dates shall be considered final when all technical and commercial aspects of the work have been approved in writing by the parties.
11. All orders entered on the Vendor’s books cannot be cancelled nor can deliveries be deferred without the Vendor’s consent and upon terms that will indemnify the Vendor against any loss.
12. If the Purchaser delays shipments then payment is due as if shipment had been made on dates originally specified by the Purchaser.
13. Promised deliveries are contingent upon receipt of materials, strikes, accidents, and other delays unavoidable or beyond Vendor control.
14. The Vendor is not liable for damages or delay caused by defects in the material by others or for work done, goods furnished, or repairs made by others. The Vendor gives no further/other guarantees or warranties, expressed or implied.
15. The Vendor will not be liable for loss, damage, detention, or delay resulting from causes beyond our reasonable control.
16. The responsibility of the Vendor ceases when parts are delivered to the Carrier. If there is any evidence of injury to, or shortages of, containers or contents, do not receipt to the Carrier “in good condition” but give receipt according to the facts. In case of damage, the claim should be made on the Carrier without delay. The Vendor’s assistance is available to secure adjustment.
17. Title to the goods is not passed to the Purchaser until payment is received in full by the Vendor.
18. In case of litigation arising in connection with any transaction it is agreed that the place of trial shall be at the City of Vaughan, Ontario, Canada.
19. Installations: All installations are to be performed on a clear unobstructed site using non-union labour. Lift equipment is to be made available for the installation crew at all times unless otherwise agreed. Unloading of the truck is to be performed by the purchaser unless otherwise arranged.
20. A garbage bin must be made available for refuse.