Conditions of Sales
Prices are subject to change without notice from time to time with respect to unshipped goods. Prices do not include the Goods and Services Tax, Provincial Sales Taxes where applicable, and other taxes of any nature. Buyer shall pay applicable taxes when invoiced by the Company. The charge for actual length of the belting shipped will be within the standard tolerance of +2%, -0% as established by the belting industry. Requests for rescheduling or cancellation of orders for made to order goods and products will be subject to the Company’s approval. Quoted prices are subject to acceptance within 30 days from the date of quotation.
The Company hereby objects to any additional or different terms or conditions contained in Buyer’s purchase orders or other business forms, or otherwise proposed by the Buyer. The terms and conditions herein constitute the entire agreement between the Company and Buyer and supersede all prior representations or offers and may not be modified except as subsequently agreed in writing.
Net, 30 days unless other arrangements are agreed to in writing by the Company. Accounts are due when rendered. Interest at the rate of 18.00% per annum will be charged on accounts overdue 30 days or more calculated monthly. All orders are subject to acceptance by the Company and to credit approval.
The Company warrants that the purchased goods shall be free from defects in Workmanship and Material but are not guaranteed for a specific length of time or measure of service. The Warranty is applicable only if the purchased goods are used in accordance with manufacturer’s specifications and shall only apply if purchased goods are properly operated and maintained by the purchaser. The obligation of the Company in respect of the warranty shall be limited in obligation of the Company’s suppliers to the Company in respect to the purchased goods. Claims under this warranty must be made within twelve months of the date of shipment, and the warranty shall cease thereafter. If the Company is satisfied that the purchaser has a proper claim, the Company, may, as it’s option, either replace the part or refund a proportionate amount of the purchase price (subject to an allowance for the service already endured by the purchased goods). The foregoing is in lieu of all other warranties or conditions express or implied, in connection with the purchased goods.
The Company shall not be responsible for, and this warranty will not cover for splice failure due to: Mechanical damage, Overloading of belt, Jamming of belt, Slippage and overheating, Mechanical misalignment and any other cause, except proven defects in workmanship and/or materials used in the completion of the said splice.
Limitation of Liability
In no event shall the Company be liable for special or consequential damages. The Company’s liability or any other claim for loss or liability arising out of or connected with this contract, or the manufacture, sale, delivery, resale, or use of any product or service covered by this contract (including, but not limited to, loss or liability arising from breach of contract) shall in no case exceed the unit price of such product or service or part thereof involved in claim, except as provided in the paragraph entitled “Warranty”.
Shipments shall be F.O.B. the Company’s shipping point and occurs when the goods are delivered in good order to the carrier whereupon the Company’s responsibility for the goods ceases. This applies even if the Company has made a freight allowance on the sale.
Any discrepancies in shipment or pricing must be advised within 10 business days of receipt of invoice.
Shipping dates are approximate and are based upon prompt receipt of any necessary information. The Company shall not be liable for delays in delivery or failure to manufacture or deliver (1) due to causes beyond its reasonable control, or (2) due to acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation, or car shortages, or (3 inability due to causes beyond its reasonable control to obtain necessary labor, materials, components, or manufacturing facilities. In event of any such delay the time of delivery shall be extended for a period equal to the time lost by reason of the delay.
Return Goods Policy
Prior written approval is required for all returns. Returns are subject to freight and restocking charges.