Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE - FEBRUARY, 2007
PRICES: Prices shown on any quotation or proposal are valid for 60 days from date of quotation unless otherwise noted.
SALES AND OTHER TAXES: In the event any sales tax, manufacturer’s tax, occupational tax or other tax is applicable to any shipment made to the Buyer, such tax shall be added to the selling price and shall be paid by the buyer.
All prices are F.O.B. Shipping point, Canada and all responsibilities and
obligation of Canadian Shunt Industries Inc. hereunder are completed when
Canadian Shunt Industries Inc. Delivers the goods, properly consigned to a common
carrier of our choice or to Buyer’s carrier. The delivery by Canadian Shunt Industries Inc. to such carrier shall
constitute delivery thereof to the Buyer, and the goods are thereafter at the
CHANGES: No change in drawings or specifications or terms of sale may be made unless specifically agreed to in writing and signed by an officer of Canadian Shunt Industries Inc. If such changes cause a material increase or decrease in Canadian Shunt Industries Inc. cost or in the time for performance of Buyer’s order, equitable adjustment in the price and time for performance will be made by Canadian Shunt Industries Inc. and Buyer’s order, equitable adjustment in the price and time for performance will be made by Canadian Shunt Industries Inc. and Buyer’s order will be modified in writing accordingly. Orders may not be cancelled within lead time, orders may not be moved out more than 30 days from original ship date if in route or in stock.
LIMITED WARRANTY AGREEMENT: Effective for all products supplied by Canadian Shunt Industries Inc. after January 1, 2007.
Warranty shall pass through to ______________(Customer) that warranty
furnished by it suppliers, which warranty shall be free from defects in
material and workmanship for a period of one year. While within warranty, any product defect
shall be corrected by repair or replacement, in the supplier’s discretion, F.O.
B Shipping Point. Canadian Shunt Industries Inc. shall not be liable under any
circumstances for any consequential damages. If the product has been misapplied or otherwise improperly used, or
exceeds the life or operating characteristics, including but not limited to
warranties of merchantability and fitness for a particular purpose, the
warranty will not apply. THIS WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, LIABILITIES OR OBLIGATIONS,
EXPRESSED, STATUTORY OR IMPLIED, TO THE ORIGINAL PURCHASER OR TO OTHER PERSONS.
THE FOREGOING WARRANTY CONSTITUTES CANADIAN SHUNT INDUSTRIES INC.
EXCLUSIVE LIABILITY AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR ANY BREACH OF OR
ANY OTHER NONCONFORMITY OF THE PRODUCTS COVERED BY THIS WARRANTY. THIS WARRANTY IS EXCLUVISE AND IN LIEU OF ALL
OTHER WARRANTIES. CANADIAN SHUNT INDUSTRIES INC. MAKES NO WARRANTY, EXPRESSED
OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
DEFAULT OF BUYER: In the event Buyer cancels the contract embodied in Buyer’s order and Canadian Shunt Industries Inc. acceptance thereof, in whole or in part, or such contract is cancelled by us because of default by the Buyer, Buyer shall pay us by reason of such cancellation or default for all damages sustained, and shall pay for completed units, shipped or unshipped, at the current price applicable to the total quantity completed at the time of default.
FORCE MAJEURE: Canadian Shunt Industries Inc. shall not be liable for any default or delay in delivery due to causes beyond its control, such as acts of God, acts of the Buyer, acts of civil or military authority, fires, strikes, floods, delays in transportation, government regulation (whether valid or not), or inability due to causes beyond the control of Canadian Shunt Industries Inc. to obtain necessary engineering talent, labor or materials. In the event of such delay, the delivery shall be extended to a period equal to the time lost thereby.
SPECIAL TOOLS: Buyer agrees to pay for nay special tools, machines, dies, fixtures and other property necessary for the manufacture of the product and/or components as may be detailed by Buyers’ order but same are not removable from Canadian Shunt Industries Inc. manufacturing suppliers. Canadian Shunt Industries Inc. agrees to maintain any such special tools, machines, dies, fixture and other property for their normal productive life and that any that have been inactive for three years may be scrapped without notice.
PENALTY CLAUSES: No penalty clause of any description, in any quotation, specification, acknowledgment or order, will be binding and effective unless approved in writing and signed by an officer of Canadian Shunt Industries Inc.
PUBLICATION PRICES: Prices shown in any Canadian Shunt Industries Inc. publication are subject to change without notice and are not be construed as a definite quotation or offer to sell by Canadian Shunt Industries Inc. Such literature is maintained only as a source of general information, and any prices shown therein are subject to confirmation with a specific quotation.
INCONSISTENT PROVISION: If Buyer’s acceptance of a quotation, proposal or acknowledgment of an order contains verbal, written, printed or stamped provisions and conditions inconsistent with the verbal, written, printed or stamped provisions and conditions of the quotation, proposal or acknowledgment, the provisions and conditions of Canadian Shunt Industries Inc. shall prevail. Acceptance of a quotation, proposal or acknowledgement is expressly made conditional on Buyer’s assent and acceptance to the terms and conditions contained in these Terms and Conditions.
TERMS OF SALE: To concerns of established credit, net 30 days. Cash with order or C.O.D. unless satisfactory credit ratings established.
CLAIMS: Except as provided in these Terms and Conditions or any other written communication from Canadian Shunt Industries Inc., all claims for shortages, delays or failures in shipment or delivery, or for any other cause, shall be deemed waived and released by Buyer unless made in writing within ten (10) days after delivery of the Canadian Shunt Industries Inc. products and/or components.
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