PAYMENT TERMS: cash when ordering or a deposit of 1/3 when ordering with balance due before delivery unless otherwise stated on this quote. Administrative fees of 1½% per month will be imposed on all past accounts due more than 30 days.
TAXES: all sales are subject to goods and services tax, provincial tax (where applicable) and any other tax and may be charged to the Buyer as part of the sale price, or separately, if a taxing authority requires the Seller to collect and pay such tax.
PRIVILEGE OF 30 DAYS RETURN ON SECOND HAND MACHINERY: unless otherwise stated on the quote, each used machine offered from our stock is guaranteed to be mechanically satisfactory to the Purchaser or can be returned, within 30 days, transport prepaid, in the same condition as during shipment and after written notice given by the Seller, before returning the machine, for a full refund of the equipment only minus the repair costs, if any. Any breakage associated with improper use of the equipment during this period will be repaired at the expense of the Buyer. The 30-days period begins on the day of delivery of the equipment to the Purchaser, if the equipment is offered from our stock. In the case of equipment sold by brokerage with inspection, repair and / or modifications, the 30-day period begins on the day of receipt of the equipment by the Seller. The machinery deemed unsatisfactory by the customer may, at the option of the Seller, be repaired or reworked to meet the customer’s requirements. The Buyer’s dissatisfaction with the manufacturing quality of the original equipment is not a criterion eligible for the return of the goods. The 30-days return privilege does not apply to machinery sold in “AS IS” condition.
WARRANTY DISCLAIMER – SECOND-HAND MACHINES: if the goods described herein are used second-hand goods and are offered “AS IS” the Seller makes no warranty whatsoever, whether formal or suggested, including the privilege 30-days return policy and all warranties of merchantability and fitness for a particular purpose which are hereby denied and excluded from this agreement.
LIMITED WARRANTY – NEW MACHINES & PARTS: all new machines and parts carry only the original manufacturing warranty. Unless stated otherwise in the estimate, new equipment is guaranteed for 1 year against manufacturing defects, replacement of parts only (transport and labor not included). Any breakage associated with improper use of the equipment during this period will be repaired at the expense of the Buyer.
DESCRIPTION: all specifications and descriptions are only approximate. It is the responsibility of the Purchaser to inspect the goods and verify that they comply with its requirements.
CLAIM: all complaints for errors in goods must be made in writing upon receipt of the goods; no credit will be allowed on returned goods without the Seller’s permission. It is formally agreed that the one and only way for the Buyer to remedy any claim which arises under this agreement against the Seller will be limited to the return of the goods and the reimbursement of the purchase price or repair or replacement of the goods at the choice of the Seller. The Seller will in no case be held responsible for special or significant damage.
RETURNS: Goods sold may only be returned with the Seller’s written approval and payment of the restocking costs, to be determined by the Seller. All costs associated with the return of the goods including without limitation the costs of moving and boarding of goods, transport costs to the point of origin, costs associated with the alteration of buildings, etc. are the responsibility of the Buyer.
QUOTE AND ACCEPTANCE: the conditions of the proposal will be accepted by the Buyer on the issue of a purchase order. By issuing a purchase order, the Buyer fully and exclusively agrees to the general conditions herein. All proposals and acceptances of orders are made with a mutual agreement stipulating that orders cannot be canceled. The shipping date is only approximate and may be subject to delays.
USE OF THE MACHINE AND SAFETY: the items sold here are neither designed nor manufactured by the Seller and therefore the offer to sell is without guarantee from the Seller as to safety and suitability for use or the relevance of the intention. It is the responsibility of the Purchaser (the user) to provide safety devices and the equipment necessary to safeguard the operator from injury for any particular use, operation or installation and, in fair proportion, see that the machine, or the machines, comply with all government standards, occupational health and safety including, but not limited to CSA standards and any other equivalent body.
INSPECTION: The Buyer will have the right to inspect the goods at the place of shipment before the time of this shipment.
TITLE: the Title will not pass to the Buyer on delivery of the machinery mentioned, but will remain the possession of the Seller until the total amount of the purchase price has been paid and cashed by the Seller.
WAIVER – INDEMNIFICATION: the Purchaser, hereby, (1) waives any form of claim (except claims for breach of this agreement) whatsoever including, but not limited to, injury or death of any person, property damage he may have at any time against the Seller, its agents or employees, due to or arising from any condition or defect in the goods sold below, including, but not limited to, any so-called bad design, improper specification, or manufacturing defect in the goods sold below, or quotation, and (2) agrees to indemnify and hold harmless the Seller, its agents and employees of or against any loss, damage, expense, claim, lawsuit, defense expense, including attorneys’ fees or obligations that the Seller or any of its employees, may incur or incur at any time p our or by reason of any injury or death of any person or persons or damage to any property, arising from any condition or manufacturing defect of the goods sold below, including, but, not limited to, the claim to a so-called bad design or a manufacturing defect or other defects in the goods sold below, or any safeguard or security device, or warning deemed inadequate or insufficient.
ENTIRE AGREEMENT: These general conditions, with the provisions contained on this invoice or proposal, are intended by the Seller and the Buyer as a complete and exclusive declaration of the terms of the agreement and such an agreement may not be modified, amended , or terminated in writing subsequent to the date hereof written by a person authorized by the Seller. All previous conversations and representations regarding this subject are replaced by this agreement. The seller will not be bound by any conditions to the Buyer’s order form or to other forms or documents which attempt to impose conditions in disagreement with the general conditions of sale of the Seller set out herein unless he is specifically consented in writing by a duly authorized person of the Seller. The seller objects to any provision contained in the forms of the Buyer which would be different or added to the general conditions of this. The viability of the Buyer’s order form is expressly conditional on the Buyer’s consent to the general conditions herein, as being the full and exclusive declaration of the terms of this agreement, which consent will be expressed by the Buyer taking possession or retaining the goods described herein.