Terms & Conditions
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PRICES
Should there be a discrepancy between the prices shown on the Buyer’s order and the prices shown on this Website, the Seller must be notified in writing within five (5) days from the date of delivery, otherwise the prices shown on this website shall govern.
Canadian customers will be charged all applicable Provincial & Federal Taxes.
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TERMS & CONDITIONS
If the terms and conditions 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.
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TERMS OF PAYMENT
For contractors and dealers all purchases are COD unless prior credit approval has been obtained and payment 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. For retail customers all purchases are payable at the time of order.
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RETURNED CHEQUES
For returned cheques (NSF), a $30.00 charge will be assessed for each cheque.
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NON-STOCKING ITEMS
Sales of all custom orders and non-stocking items are final. Sale items are final with no warranty claims
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RETURNS
Contractors and dealers can return materials only if agreed to by the Seller. A restocking charge of 20% of the total invoiced amount, less freight, will be applied on the return of any unused, unopened and undamaged materials. For retail customers all items can be returned within 30 days of purchase only if unused, undamaged and in their original packaging.
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TITLE
The Seller retains title over these materials until the invoice has been paid in full.
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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.
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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.
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LIABILITY
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.
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WARRANTY
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).
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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.
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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 laws provisions thereof.