Standard Terms & Conditions of Sale
Goods and Services sold by CanIndustrial.com or its subsidiaries are subject to the sale terms and conditions set forth below. Any different or additional terms or conditions in Buyer’s purchase order, web site, email notification, or similar communication are objected by CanIndustrial.com and shall not be binding unless agreed to in writing by a CanIndustrial.com Corporate Officer. Buyer’s submission of internet, email, fax or telephone order, and/or payment of goods or services constitutes acceptance of CanIndustrial.com’s terms and conditions.
Prices in effect at time of ordering of goods or services from CanIndustrial.com shall prevail. All prices quoted by CanIndustrial.com are subject to change without notice. Prices do not include any present or future sales and uses, excise, duties, shipments, value-added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by Buyer.
All items must be paid in full prior to shipment. Payments may be made by credit cards accepted by CanIndustrial.com or its Parent Corporations. ALL PAYMENTS MADE VIA CREDIT CARDS SHALL BE CHARGED 3% PROCESSING FEE. In the occasion that terms are extended to the buyer, a late payment charge of 2% per month (an annual percentage rate of 24%) shall be charged on all past due accounts and Buyer shall pay CanIndustrial.com or its subsidiaries all costs incurred by it in collecting any past due account from Buyer, including all court costs and attorney’s fees. However, if the foregoing charges exceed that rate which is the maximum permitted by law, then such charges shall be calculated to be the highest allowable lawful rate. The remittance portion of the invoice shall accompany payment.
Unless otherwise noted, all sales of goods are made F.O.B. point of shipment and, in all cases, title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Buyer. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. A standard shipping charge may be applied to each invoice for goods for material preparation, packaging, freight and/or any additional items associated with each shipment based on the value and/or weight of the shipment. Additional charges for local delivery, customs, government, duties, and others may also apply, and are the direct responsibility of the buyer.
Goods are sold only with such warranties as may be extended by the manufacturer of the product. Services performed by third parties are subject only to those warranties extended by such third parties. CanIndustrial.comand its Affiliates MAKE NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for installation and use in accordance with manufacturer’s instructions or local body having jurisdiction; whichever is more stringent shall apply. CanIndustrial.compersonnel are not authorized to alter this policy.
Limitation of liability:
CanIndustrial.com’s liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, REGARDLESS OF CAUSE OR FAULT. This limitation of liability reflects a deliberate and bargained-for allocation of risks between CanIndustrial.comand Buyer and constitutes the basis of the parties’ bargain, without which CanIndustrial.com would not have agreed to the price or terms of this contract.
CanIndustrial.com shall not, under any circumstances, be liable for any labor charges without its prior written consent. CanIndustrial.com SHALL NOT, IN ANY EVENT BE LIABLE whether as a result of breach of contract, warranty, tort (including negligence) or other grounds FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES including, but not limited to, loss of profits or revenue, loss of use of goods or associated products, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of Buyer for such damage. In addition, if CanIndustrial.com furnishes Buyer with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this contract, the furnishing of the advice or assistance will not subject CanIndustrial.com to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
Buyer may cancel an order by mutual agreement based upon cancellation and/or re-stocking payment to CanIndustrial.com of reasonable and proper cancellation charges. Goods shall not be returned by Buyer without prior written authorization from CanIndustrial.com and payment by Buyer of a restocking charge of 25%. No returns shall be accepted following 40 days after delivery.
CanIndustrial.com shall not be liable for failure to deliver or for delay in delivery or performance due to issues;
- – a cause beyond its reasonable control
- – an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or
- – any other commercial impracticability
If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.
Waiver and Choice of Law
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the Province of Ontario, Canada, excluding conflict of law rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
All orders are subject to acceptance by CanIndustrial.com. Any representation, affirmation of fact and course of dealing, promise or condition in connection therewith or usage of trade not incorporated herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of this agreement and the enforceability or validity of the remaining provisions shall not be affected thereby.