Terms And Condition of Supply
PRICES: All prices are subject to change without notice and all shipments will be invoiced at the price in effect at the time of
shipment, except when otherwise agreed to in writing by us. Published prices are for products of our standard design and
construction and any item not covered by the most recent published price list must be referred
to us for special pricing. All taxes will be charged extra at actual at the time of shipment.
QUOTATIONS: Prices quoted by us are valid for 30 days from date of quotation unless we have otherwise specified in
writing. If any typo errors on quotations are subject to our correction and such errors will not be binding.
CANCELLATION AND REVISIONS: No purchase orders accepted and acknowledged by us may be cancelled or revised
by you except with our prior written consent and upon payment of reasonable cancellation charges compensating us for
all costs incurred in work done and material purchased. We reserve the right to determine cancellation charges.
RETURN OF EQUIPMENT: No equipment shall be returned to us without first obtaining Returned Goods
Authorization approval code and shipping instructions from us. The customer must prepay the freight charges in full to our
factory. Equipment which has been used, however slight, will not be accepted. Authorization will not be given for return of equipment,
(1) which would, in our opinion, result in an excess in the amount of stock we normally carry, (2) not invoiced within the last 12 months,
or (3) which is non-standard and manufactured specifically to a buyer’s specifi cations. For non-standard equipment not of our manufacture, the only credit
allowed will be such credit as may be allowed by the manufacturer of such equipment. Equipment must be returned
within 30 days of the issuance of the Returned Goods Authorization. Unauthorized returns may be refused and\or returned freight collect.
CREDIT AND PAYMENT: Payment is due as noted on our invoice. Overdue accounts are subject to a service charge. All
orders are subject to approval of our credit department and we may require full or partial payment in advance. Pro rata
payments shall become due as shipments are made. If the shipments are delayed by you for any cause, payments shall
become due from date on which we are prepared to make shipment and storage shall be at your risk and expense. If
manufacture is delayed by you for any cause, a partial payment based upon the proportion of the order completed shall
become due from the date on which we are notifi ed of the delay.
SECURITY INTEREST: We shall have a lien on all goods sold as security for payment on the invoice price, and upon
request you shall provide and execute a financing statement showing such lien.
DELIVERY: We will make reasonable effort to meet your delivery requirement provided you provide us, on a timely basis,
all approvals, technical data, instructions and credit approval requirements needed for release of the shipment. However,
all delivery and/or shipment dates are estimates only unless we have expressly guaranteed delivery of such dates in
writing at your specifi c request. In no event shall we have any liability if delivery is delayed by strikes, labor disturbances,
material shortages, plant calamities or disaster, acts of God, government actions, civil disturbance, the failure of any
pre-supposed condition of the contract, withholding shipments due to credit clearance, or other interferences beyond our
reasonable control, and the date of delivery shall be extended for a period of time equal to the time lost because of any
SHIPPING: Unless you specify in writing and we acknowledge in writing, (A) goods will be boxed or crated as we may
deem proper for protection against normal handling and for domestic shipment, (B) routing and manner of shipment will
be at our discretion, and may be insured at your expense. An extra charge will be made for special handling. All shipments
are F.O.B. Mississauga,Ontario,Canada. Delivery of goods to the initial carrier will constitute delivery to you and all goods will
be shipped at your risk. A claim for loss or damage in transit must be entered with the carrier and prosecuted by you.
Acceptance of material from a common carrier constitutes a waiver of any claims against us for delay, damage or loss.
GOVERNING LAW: It is understood and agreed that these Terms and Conditions of Sale shall be interpreted under and
pursuant to the laws of the Province of Ontario; you agree that any action at law or suit which is related to any contract of sale
brought against us shall be filed in court located in the Province of Ontario.
LIMITED WARRANTY: We warrant to our intermediate customer and ultimate customer that products will be free of defects in material or workmanship under normal use and service for the period of 12 months from date of invoice. The sole and exclusive remedy for breach of any and all warranties with respect to any product shall be replace or repair at our election, authorized service station, such products and/or parts as proven defective, there shall be no further liability, whether based on warrant, negotiable otherwise.
Under no circumstances will be responsible for any other direct or consequential damages, including but not limited to lost profits, lost income, labour charges, delay in production, ideal production, which damages are caused by any defects in material and/or workmanship and/or damage or delay in shipment. This warranty is expressly in lieu of any other express or implied warranty, including any warranty of merchantability or fitness for a particular purpose.
Your acceptance of any goods supplied by us, or on our behalf, shall without limitation constitute acceptance of all terms and conditions stated above.
If any litigation is commenced between the parties hereto for the enforcement of any rights hereunder, the successful
party in subject litigation shall be entitled to receive from the unsuccessful party all costs incurred in connection therewith,
including a reasonable amount for attorney’s fees.For more details on our warranty.
YOUR ACCEPTANCE OF ANY GOODS SUPPLIED BY US, OR ON OUR BEHALF, SHALL, WITHOUT LIMITATION
CONSTITUTE ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED ABOVE.