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Terms & Conditions
CROWLE FITTINGS & SUPPLY LTD. Are hereby named “Vendor”.
TERMS:
2% 15TH of the month following. Net 30 days. 2% per month on overdue accounts (24% per annum).
PRICES:
Prices as listed are subject to discounts as per vendor’s published discount sheet. All prices published or otherwise are subject to change without notice.
DELIVERY:
A) Delivery dates are estimated and are based on prompt receipt by the Vendor of:
1. An order and all information necessary to permit the Vendor to proceed with work immediately without interruption;
2. Satisfactory assurance of compliance with the terms of payment agreed upon.
“Vendor will not be responsible for any loss, including but not limited to incidental, special or consequential damages, occurring to buyer or to any other party as a result of any delay in delivery because of force majeure”.
In the event of any such delay, the approximate date of delivery or of performance shall be extended for a period twice the time lost by reason of delay.
B) The Vendor reserves the right to make partial shipments and render invoices accordingly.
FORCE MAJEURE:
The Vendor shall not be liable for delay in or non-performance of the contract of any part thereof, resulting directly or indirectly from:
1. Earthquakes;
2. Epidemics;
3. Act of any governmental authority, domestic or foreign, including but not limited to war, declared or undeclared, priorities, quarantines, embargoes, licensing controls or production or distribution restrictions;
4. Accidents and disruptions including but not limited to fires, explosions, breakdowns of essential machinery or equipment and power shortages;
5. Transportation or storage delays, accidents or shortages;
6. Labour difficulties including but not limited to strikes, slowdowns, lockouts, sabotage and labour shortages;
7. Failure or delay in its source of supply;
8. Acts or omissions of the buyer;
9. Failure to reach agreement as set forth below, or any cause beyond its reasonable control whether similar or dissimilar to those mentioned above.
WARRANTY ON GOODS DISTRIBUTED:
Vendor does not warrant and disclaims all responsibility for quality, state or fitness of good sand materials not manufactured by same.
WARRANTY ON GOODS MANUFACTURED BY VENDOR:
A) The Vendor warrants that the products of its manufacture will be free from defects in material and workmanship under normal use.
B) The Vendor’s obligations under said warranty shall be limited to repairing or replacing (at the Vendor’s option) F.O.B. point of manufacture, any part of the products which, if properly installed, used and maintained, proves defective in material or workmanship within one year from date of readiness for delivery, provided that notice of any such defect and satisfactory proof thereof is promptly given by the Buyer to the Vendor with all dismantling and reassembling at Buyer’s expense. Necessary packaging and transportation costs to be paid by Buyer. Any part so replaced by the Vendor shall be warranted for one year from date of readiness for delivery and subject to the same limitations as the machinery or equipment described herein.
C) The Vendor makes no warranty of fitness for purpose of merchantability.
D) The foregoing warranties shall constitute the Vendor’s sole liability and the Buyer’s sole remedy and are in lieu of all other warranties and conditions written or verbal, statutory, express or implied.
The Vendor shall under no circumstances be liable for any special indirect or consequential damages arising from or owing to the failure of the Vendor’s product.
SHORTAGES AND DEFECTIVE PRODUCTS AND SYSTEMS:
All Claims for shortages, defects or incorrect products or systems shipped to the Buyer must be filed by the Buyer with the Vendor within ten days of the receipt of the product or system.
INSPECTION:
The Buyer may inspect materials and workmanship of product in the Vendor’s plant providing such inspection is done during normal working hours and prior to the time that the product is scheduled for shipment. All costs related to such inspection shall be the Buyer’s responsibility.
CANCELLATION:
Orders placed are not subject to cancellation in whole or in part except with the Vendor’s express written consent and upon payment, and may only be agreed to on terms which will fully compensate and indemnify the Vendor against loss because of such cancellation.
GENERAL:
A) The rights and obligations of the parties shall be governed in all respects by laws of the Province of Ontario.
B) No waiver, alteration or modification of these provisions shall be binding upon the Vendor unless made in writing and signed by a duty authorized representative of the Vendor.
C) There are no understandings or agreements outside of the conditions herein. The Vendor will not be obligated by any promises, conditions or terms made by the representative or salesmen of the Vendor other than those contained herein.
D) Excess material may be returned to Vendor for Credit or replacement; however, written consent must be obtained from Vendor. A 25% handling charge as well as transportation costs (both ways) will be levied on resaleable material (as determined by the Vendor) Non-resaleable material (as determined by the Vendor) may be considered as scrap.
By accepting the material supplied, the Customer agrees and acknowledges that the Seller retains title to any materials that may be furnished until final payment is made, and if settlement is not made as agreed, the Seller shall have the right to remove same and the Seller will be held harmless of any damages resulting from the removal thereof.
