TERMS AND CONDITIONS OF SALE
QUOTATIONS AND ACCEPTANCE:
The terms of the Quote and the TERMS AND CONDITIONS OF SALE hereunder, shall be accepted by the Purchaser entirely upon the issuance of a Purchase Order. All proposals (Quotes) and orders (Purchase Orders), are made with the mutual understanding that orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays for conditions beyond the control of the Seller.
Payment terms are Net Cash upon order or as stated in the ‘Terms’ section of the quote. A service charge of 1-1/2% per month will be assessed on all accounts over 30 days. Warranty claims will not be honoured if payment terms have not been met.
TITLE AND TITLE:
Title shall not pass to the Buyer with delivery of the quoted machinery, but shall remain vested in the Seller until the entire purchase price is paid in full. Risk shall pass to the Buyer upon shipment from place of shipment.
Specifications, dimension conversions, and descriptions are as provided by the manufacturer and are approximate only. It is the Buyers responsibility to inspect the goods and ascertain if they conform to their requirements. The Buyer shall have the right to inspect the merchandise at the place of shipment prior to time of shipment at its own expense.
CLAIMS and RETURNS:
Any and all claims for errors in merchandise provided must be made in writing immediately on receipt of goods. No credit will be allowed for goods returned without express permission. It is expressly agreed that the Purchaser’s sole and exclusive remedy for any claims arising under this agreement against the Seller shall be limited to the return of goods and repayment of the purchase price (less any shipping costs), or to repair or replace the goods at Sellers option. In no event shall Seller be responsible for special or consequential damages. A restocking charge may apply to special order items as determined by the Seller.
MACHINE USE AND SAFETY:
Items sold herein are neither designed nor manufactured by the Seller and therefore the offer to sell is without warranty on Seller’s part as to safety, fitness for use, and/or suitability for purpose. It is the Purchaser’s/User’s responsibility to provide safety devices and equipment to safeguard the operator from harm for any particular use, operation, or set up, and to adequately safeguard the machine, or machines, to conform to all government, health, and industry safety standards including, but not limited to, CSA standards, Occupational Safety standards, and the Electrical standards of the jurisdiction where the machine is used.
Machines and equipment is provided as described, and is not warranted to meet the safety standards of any specific jurisdiction. User agrees to indemnify and hold Seller harmless of and from any and all claims or liabilities from accidents involving these machines caused by failure of a machine or device, or the actions of a user, his employees, agent, or assigns. Where a pre-start health and safety review must be conducted it is the responsibility of the purchaser to organize a review of the machine by a suitable professional and to keep records in compliance with the requirements of the jurisdiction where the machine is being used. Any modifications required to meet standards and the associated costs are the sole responsibility of the Purchaser/User.
LIMITED WARRANTY-NEW MACHINES & ACCESSORIES:
Unless otherwise sated all New Machines; and Accessories from the Original Manufacturer carry a One (1) year Warranty on Parts. A One (1) year Warranty on Labour is available at additional cost. The Seller will attempt to provide parts or make repairs in a timely manner but will not be liable for any sub-sequential losses incurred by the Purchaser/User due to loss of use of the machine or equipment.
LIMITED WARRANTY – AFTERMARKET ACCESSORIES and CONSUMABLES:
Unless otherwise stated accessories not from the Original Equipment Manufacturer of the machine or tool will be limited to the Original Manufacturer’s warranty. Consumable items such as tooling, and blades, and machine parts deemed replaceable under routine machine maintenance are not covered under this warranty.
LIMITED WARRANTY – PRE-OWNED MACHINERY:
Unless otherwise stated all Pre-Owned machinery or equipment is provided without Warranty. A ‘Certified’ pre-owned machine will be tested and be in full operating order at time of shipment subject to a pre-delivery ‘Certificate’ that will be sent to the Purchaser for acceptance before shipment. If within 30 days the machine is found not to operate in a manner consistent with the Certificate, and the age and general condition of the machine, it may after written notice is given and received by the Seller, and at the sole discretion of the Seller – be returned, freight prepaid, providing it is in the same condition as originally shipped, or repaired to bring it into operating order consistent with the ‘Certificate’, and the age and condition at time of sale.