Garant Machinerie a division of: Les scies Mercier inc.
PAYMENT TERMS: Net cash upon order or 1/3 deposit with order with balance due prior to delivery unless otherwise stated on the front of this quote. A service charge of 1 1/2% per month will be assessed on all accounts over 30 days. Warranty claims will not be honored if payment terms have not been met.
TAXES: All sales are subject to, the goods and service tax, the provincial tax where applicable, and any other taxes, and may be billed to the Buyer as part of the selling price, or separately, if the Seller is required by any taxing authority to collect and pay such tax.
30 DAY RETURN PRIVILEGE ON PRE-OWNED MACHINERY: Unless otherwise stated on quotation, every pre owned machine offered from our stock is guaranteed to be mechanically satisfactory to the Buyer or returnable, within 30 days, freight prepaid, providing it is in the same condition as originally shipped and after written notice is given and received by Seller, prior to returning the machine, for a complete refund. Machines deemed to be unsatisfactory by the customer may at the option of the Seller be repaired or reworked to satisfy customer requirements. This does not apply to machines sold in As Is Condition.
WARRANTY DISCLAIMER-PREOWNED MACHINES: If the goods described herein are pre-owned used goods and are offered “AS IS”, Seller makes no warranties of any kind whatsoever, expressed or implied, including the 30 day return privilege & all implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed and excluded from this agreement.
LIMITED WARRANTY-NEW MACHINES & PARTS: All new machines & parts carry only the original manufacturers warranty unless stated otherwise on quotation.
DESCRIPTION: All specifications, descriptions are approximate only. It is the Buyers responsibility to inspect the goods and ascertain if they conform to his requirements.
CLAIMS: Any and all claims for errors in merchandise must be made in writing immediately on receipt of goods; no credit will be allowed on returned goods without our permission. It is expressly agreed that the Buyer’s sole & exclusive remedy for any claims arising under this agreement against Seller shall be limited to the return of goods and repayment of the purchase price, or to repair or replacement of the goods at Sellers option. In no event shall Seller be responsible for special or consequential damages.
RETURNS: Goods sold may be returned only, with written approval from the Seller and payment of a restocking charge, to be determined by Seller.
QUOTATIONS AND ACCEPTANCE: Terms of the proposal shall be accepted by the Buyer upon the issuance of a purchase order. By the issuance of a purchase order Buyer assents completely and exclusively to the terms and conditions herein. All proposals and acceptances of orders are made with the mutual understanding that orders are not subject to cancellation. The shipping date is approximate only & may be subject to delays.
MACHINE USE AND SAFETY: Items sold herein are neither designed nor manufactured by Seller and therefore the offer to sell is without warranty on Seller’s part as to safety and fitness for use or suitability for purpose. It is Buyer’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 and Ontario hydro electrical standards.
INSPECTION: Buyer shall have the right to inspect the merchandise at the place of shipment prior to time of shipment.
TITLE AND TITLE: Title shall not pass to Buyer with delivery of the quoted machinery, but shall remain vested in Seller until the entire purchase price is paid in full. Risk shall pass to the Buyer upon shipment from place of shipment.
INDEMNIFICATION: Machines may not incorporate approved activating mechanisms, operator safety devices or safety guards as required by OSHA or otherwise. It is the user’s responsibility that the said machines be so equipped and safeguarded to meet OSHA and any other requirements before placing such machinery into operation. 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 user, his employees, or agent to follow instructions, warnings, or recommendations furnished by manufacturer, or Seller, or by failure of user to comply with Federal, State and Local laws applicable to such equipment including the Occupational Safety and Health Act of 1990. User shall notify Seller promptly after occurrence of any accident involving these machines, and shall cooperate fully with Seller, or Seller’s agent in investigating and determining the cause of said accident. Section 7 of Ontario Regulation 528/00 made under the Occupational Health and Safety Act now states 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 professional engineer and to keep a written, signed, and sealed record of the compliance report in the workplace, as well as on file with the Joint Health and Safety Committee, prior to placing any new machine into operation. All measures identified in the Review are the responsibility of the purchaser and should any modifications be necessary to the new machine the associated costs are the sole responsibility of the purchaser. Garant Machinery will have no liability with respect to performance or compliance of the Review and the purchaser/lessee/end-user will indemnify us of all claims of liability arising from the review or any subsequent modifications.
WAIVER-INDEMNIFICATION: Buyer hereby (1) waives, releases and discharges any and all claims (with the exception of claims for breach of this agreement) of any and every kind including but not limited to injury or death of any person or damage to property which it may have at any time against Seller, its agents or employees, by reason of or arising out of any condition or defect of the goods sold hereunder, including but not limited to any claimed improper design, specifications or manufacturing defect of goods sold hereunder, or devises: and (2) covenants to indemnify and hold harmless Seller, its’ agents and employees of, from and against any and all loss, damage, expense, claims, suits, costs of defence, including attorneys fees or liability which Seller or any of it’s employees, may sustain or incur at any time for or by reason of any injury to or death of any person or persons or damage to any property, arising out of any condition or defect of the goods sold hereunder, including but not limited to claimed improper design or manufacturing defect or other defect of the goods sold hereunder, or any claimed inadequate or insufficient safeguards or safety devices, or warnings.
ENTIRE AGREEMENT: These terms & conditions, together with the provisions contained on the reverse side hereof, are intended by the Seller and Buyer to be a complete & exclusive statement of the terms of the agreement, and such agreement may not be modified, amended, or waived except by a writing executed after the date hereof by an authorized officer of Seller. All prior conversations & representations with reference to this subject matter are superseded by this agreement. Seller shall not be bound by any terms of Buyer’s purchase order or other forms or other documents which attempt to impose conditions at variance with Sellers terms & conditions of sale set forth herein unless the same shall be specifically agreed to in writing by a duly authorized officer of Seller. Seller objects to provisions contained in Buyer’s forms, which are different or in addition to the terms herein. Buyer’s purchase order is accepted expressly conditional on Buyer’s assent to the terms & conditions herein, as the complete & exclusive statement of the terms of this agreement which assent shall be manifested by Buyer accepting or retaining possession of the goods described herein.