These terms and conditions shall control with respect to any purchase order or sale of sellers products.
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.
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 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.
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.
Orders covering special or non standard goods are not subject to cancellation or returns except on such terms as we may specify on application
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.
All prices are F.O.B. point of shipment.
All weights are approximate.
All taxes are extra
$72.00 plus transportation charges.
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.
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.