1. The cost of Goods and/or Services will be the list price of said goods and/or services at the time that the Seller accepts an order from the Buyer. In the event that the Seller has presented the Buyer with a valid quotation or discount, the Buyer must provide the Quotation Number at the time of ordering.
2. All Goods and/or Services will be paid for in full within 30 days of the date that goods were shipped by the Seller, or by the Sellers agent. In addition, the Buyer agrees to pay all taxes applicable on the sale of the goods, including, but not limited to PST (Provincial Sales Tax) and or HST (Harmonized Sales Tax). The Seller reserves the right to make partial shipment on an order, and the Buyer agrees to make payment within 30 days for any partial shipment.
Past due invoices will accrue interest at the rate of two percent (2%) monthly. Goods shipped by the seller, but not fully paid for, remain the property of the seller until goods and any interest penalties are paid in full. The seller reserves all rites to the good.
If invoices remain unpaid, the buyer must return the goods, in re-saleable working condition in original packaging to the seller; shipping at the buyers expense.
3. The choice of courier or delivery service shall be at the discretion of the Seller, unless otherwise specifically requested by the Buyer. The Buyer will pay the full cost of any delivery. The cost of delivery, plus applicable taxes, will be added to the customer invoice.
4. In the event that goods are damaged in transit, the Buyer must advise the Seller of the damage within 10 days. The Buyer will retain damaged goods for inspection by the Seller of the courier or delivery service. Liability is limited to the maximum liability assumed by the carrier of delivery service, unless the Buyer has requested additional insurance for the delivery.
5. Before returning any goods, the Buyer must obtain a RETURN MATERIAL AUTHORIZATION number (RMA) from the Seller, and the RMA must be marked clearly on all packages and documents.
6. The Seller reserves the right to assess a restocking charge on returned goods.
7. Many of the goods that we supply are custom manufactured or modified to the Buyer’s specific needs. The buyer reserves the right to refuse returns of custom or modified goods.
8. The seller warrants that the product will be free from defects in material and workmanship for a period of 12 months following the date of delivery. The warranty for consumable products shall not exceed recommended replacement intervals set out by the manufacturer in their published specifications or users manual. The buyer must inform the seller within the warranty period of any problem, and the seller will repair or replace the product or products that give rise to the problem, or, in the seller’s sole and exclusive discretion, refund the amount the buyer paid for the products.
In the event that the manufacturer’s warranty differs for the above statement of warranty, the terms of the manufacturer’s warranty will take precedence.
9. It is the exclusive responsibility of the Buyer to determine the suitability of use for all goods purchased, and the Seller will not be held liable for inappropriate use or misuse of the goods. The seller will not be held liable for damages, whether indirect, special, incidental or exemplary, to the buyers property, machines, or related systems, or harm caused to personnel or property, however caused, including, but not limited to, misuse, incorrect installation, or any defect, flaw or failure of the goods provided.
The seller shall not be held liable in the event that defective goods affect the buyers systems or equipment, of for any harm caused to the buyers personnel, equipment, instruments, machines, or property.
10. The buyer is responsible for supplying the seller with full, unambiguous, and correct delivery instructions. The seller with not be held liable for loss, damages, or additional charges, resulting from delivery to an incorrect location, if the buyer provided incomplete or incorrect delivery information.
The seller will not be held liable for late delivery, non delivery, or delay of shipment, due to accidents, natural disasters, labor disputes, shortage of materials, unavailability of transportation, or any other cause which is outside of the Seller’s control. In the event that the Seller cannot make delivery, the Seller will have the right to terminate the sales agreement. The Seller’s sole liability will be limited to any amounts already paid by the Buyer.
11. In the event that either the Buyer or the Seller must take legal action with respect to this Agreement, the action must be taken within the exclusive jurisdiction of the Province of Ontario, Canada, and governed by the laws of the Province of Ontario, Canada.
12. The Seller reserves the right to cancel any order in the event that the Buyer declares bankruptcy, or if the Seller believes that the Buyer is no longer in a position to pay for goods or services provided.