Martek Corporation Inc (operating as Martek Supply)
Terms and Conditions of Sale
Although every effort is taken to hold these prices they are subject to change without notice. Should there be a discrepancy between the prices shown on the Buyer’s purchase order and the invoice, the Seller must be notified in writing within five (5) days from the date of the invoice, otherwise the prices shown on the invoice shall govern.
2) TERMS & CONDITIONS.
If the terms and conditions of the invoice differ in any way from the terms and conditions of the Buyer’s order, the terms and conditions contained herein will be the final agreement between the parties.
3) TERMS OF PAYMENT.
COD unless otherwise agreed. Standard credit terms shall be Net 30 days from the date of the invoice. Interest in the amount of 2%/month (24%/annum) will be charged on all overdue accounts. Should an action be bought to collect any overdue balances, the Seller shall be entitled to recover court costs and reasonable attorney’s fees.
4) RETURNED CHEQUES.
For returned cheques (NSF), a $30.00 charge will be assessed for each cheque.
5) NON-STOCKING ITEMS
Sales of all non-stocking items are final.
If agreed in writing by the Seller, a restocking charge of 25% of the total invoiced amount, plus any freight charges, will be applied on the return of any
unused, unopened and undamaged materials. No returns on all custom ordered products or materials which have been modified such as cut or sewn
geotextiles, sediment bags or floating silt barriers. No returns after 30 days from the date of invoice.
The Seller retains title over the materials until the invoice has been paid in full.
8) DELIVERY DATES.
The Seller is not obligated to make delivery by any specified date, but shall exercise its best efforts to deliver within the time quoted but does not guarantee to do so and shall not be held responsible for any loss or damage of any kind or nature whatsoever caused by the delay in delivery irrespective of the cause of such delay.
9) FORCE MAJEURE.
In the event of any delay in the Seller’s performance due to fires, strikes, labour disputes, war, civil commotion, epidemics, embargoes, floods, delays in
transportation, fuel or other materials, default or failure of carriers or contractors, shortage of labour, acts of God, acts, demands, requirements, or requests of any province, state or government or to any other cause beyond the responsible control of the Seller whether or not of a kind hereinbefore specified
notwithstanding that such cause is operative at the time of making the contract the Seller shall have such additional time within which to perform this
contract as maybe reasonable necessary under the circumstances. Notwithstanding the forgoing, if performance of the contract by the Seller be delayed exceeding 30 days by any such cause either party shall at its option be relieved from further responsibility, otherwise the time of delivery shall be extended as may be necessary to enable the Seller to make delivery; provided that in respect of materials manufactured or in process of manufacture at the date of
exercise of the option such relief from responsibility shall be subject to the consent of the Seller.
The Seller’s liability hereunder shall be limited to the obligation to repair or replace only those materials proven to have been defective in material or
workmanship at the time of receipt of material(s), or allow credit, at its option. The Seller’s total cumulative liability in any way arising from or pertaining to any material sold or required to be sold under this contract shall not in any case exceed the purchase price paid by the Buyer for such material. In no event shall the Seller have any liability for commercial loss, lost profits, claims for labour or consequential or incidental damages of any type whether the Buyer’s claim be based in contract, tort, warranty, strict liability, negligence or otherwise. It is expressly agreed that the Buyer’s remedies expressed in this paragraph are the Buyer’s sole and exclusive remedies.
The Seller makes no representations or warranties, express or implied, by operation of law or otherwise, regarding the material(s) covered by this invoice, including but not limited to any warranty or merchantability or fitness for a particular purpose. The Seller does not authorize any other person or agent to make any other warranties or obligations in connection with its material(s). Materials which do not conform to the description or which are proven to be defective in material or workmanship will be replaced or, at the Sellers option, credit for their original purchase price will be allowed provided the Seller is notified of such defect within five (5) days of receipt of the material(s).
12) INSPECTION & CLAIMS.
Buyer agrees to inspect all materials for shortage, damage or non conformity immediately upon receipt. All claims must be submitted by the Buyer in writing within three (3) days of receipt of material.
13) APPLICABLE LAW.
This contract shall be governed by and subject to and construed in accordance with the internal laws of the Province of Ontario, without regard to the conflict of the law’s provisions thereof.
14) ACCOUNT PAYMENT
Effective March 1st, 2022, please note that all credit account payments by credit card will be subject to a convenience fee of 2.0%