Site Terms and Conditions
The Seller referred to in these terms and conditions of sale and product warranty is EZ DEF The Buyer's terms and conditions of purchase shall have no application whatsoever, except to the extent that the Seller expressly agrees thereto in writing.
1. LIST PRICES:
List prices are subject to change without notice. All material ordered shall be invoiced at the Seller's published list prices in effect at the time of shipment unless the Buyer is specifically advised otherwise by written quotation.
2. CURRENCY OF SALE:
All sales are in Canadian funds unless otherwise stipulated.
3. TERMS OF PAYMENT:
The terms of payments will be specific to each Buyer and will be agreed to prior to sale. Shipments and deliveries shall at all times be subject to the approval of the Seller's credit department and the Seller reserves the right, even after partial shipment or partial payment on account of the purchase, to require from the Buyer satisfactory security for the due performance of the Buyer's obligations. Refusal to furnish such security will entitle the Seller to defer any further shipments until such security is furnished or to cancel the order or so much of it as remains unperformed.
4. SERVICE CHARGES AND APPLICATION OF PAYMENTS:
Interest shall be charged on all overdue balances at the rate of 2% per month or 24% per annum and all payments received shall first be applied against any outstanding service charges and then shall be applied against the oldest outstanding invoice amounts.
5. DISCOUNTS
Any discounts will be agreed to between the Buyer and Seller prior to the sale.
6. SPECIAL PRICING
Any special pricing will be agreed to between the Buyer and Seller prior to the sale.
7. TAXES:
All prices are subject to the addition of any present or future applicable sales, excise, use or other taxes or duties imposed by any governmental authority.
8. DELIVERY OF SHIPMENTS:
Material shall be deemed to be delivered to the Buyer when delivered to the carrier, including a carrier that may be owned and operated by the Buyer or the Seller, at the Seller's warehouse and the Buyer shall be responsible for all goods lost or damaged in transit. Any allowances for prepayment by the Seller of freight charges, whether included in the sales price or paid for by the Buyer's account shall not extend the obligations of the Seller with respect to delivery, nor shall the Seller be under any obligation to replace goods lost or damaged in transit. Unless the sales price expressly includes freight charges, or unless otherwise agreed in writing, any prepayment of freight charges by the Seller shall be for the account of the Buyer. Any statement or indication by the Seller as to time of shipment is based on Seller's current inventory position and is subject to revision based on conditions beyond the Seller's reasonable control. If the Buyer fails to furnish details and shipping instructions to enable the Seller to execute the order in accordance with its terms, the Seller may at its option and in addition to all other remedies, cancel such portion of the order as may remain unperformed.
9. CUSTOMER CLAIMS:
Claims for material shortages or for erroneous charges must be made within 30 days after receipt of the material. Any material, claimed to be defective, shall be held for the inspection of the Seller. No claims for defective material will be recognized unless presented within 60 days of the receipt of such goods by the Buyer and unless the Seller is given a reasonable opportunity to inspect such material after the claims have been made.
10. WARRANTY:
Any materials proven to be defective in manufacture or which fail to meet agreed specifications shall be replaced or repaired in accordance with the published warranties and/or guarantees of the manufacturer, provided that claims are made within 60 days after receipt of material. The Seller shall not be liable to the Buyer for any damages direct or indirect arising out of the design, manufacture or delivery of the material except as follows: The Seller shall replace such goods as prove defective in material or workmanship or allow credit for the price of such material, at the Seller's option provided that, in any event, the Seller's liability shall not exceed the price of the defective goods. No goods shall be returned except with the Seller's permission.
11. CANCELLATION CHARGES:
All cancellation and return charges shall be for the Buyer's account. In the event that the Buyer cancels an order for material defined by the Seller to be of a special nature, where a manufacturer has been authorized by the Seller on the basis of the Buyer's order to proceed on the production of such special items, regardless of whether such material has been completed or delivered, all related charges associated with the production of the material at the date of cancellation shall be for the Buyer's account.
12. DELAYS IN SHIPMENT:
The Seller shall not be liable for delays in delivery resulting from acts of God, force majeure, fires, strikes, differences with workmen, shortages of transportation facilities, shortages of material, delays in transportation, accidents, any law, regulation, order or requisition of any government or government agency, inability to procure supplies or raw materials, or any other causes beyond the reasonable control of the Seller. If the Seller's performance of any order is delayed, interfered with or prevented by any such cause, the Seller shall be relieved from further responsibility whether or not such cause was operative at the time of making such an agreement by acceptance of the Buyer's purchase order. If the Seller elects to complete his performance, the time for performance by the Seller shall be extended for such period as may be necessary to enable the Seller to make delivery after such cause has been removed.
13. DRUM AND TOTE DEPOSITS:
Drum deposits of $85 each and tote deposits of $300 each will be charged on all drum and tote orders shipped in returnable containers. No cash refunds are allowed for drum deposits. Drum deposit refunds are applied against future purchases only, and the buyer may be required to produce documentary proof of original drum deposit payment in the form of a EZ DEF Division invoice that can be traced to an actual payment. Drum deposit refunds shall not apply unless the drums are returned within twelve months of the original invoice date. EZ DEF is not responsible for freight charges for returns of empty totes or drums.
14. PALLET CHARGES:
A non-refundable charge of $15 per pallet will apply to all orders shipped.
15. RETURNED GOODS POLICY:
The Buyer must obtain the Seller's permission before returning any goods. Credit shall be issued against future purchases for material that is accepted for return by the Seller at invoice price less a 25% handling charge provided that: (a) Materials are considered to be standard inventory items by the Seller at the time of return. (b) Quantities of material are considered to be standard inventory quantities for the Seller at the time of return. (c) Material including its packaging is returned in a saleable condition (saleable being defined by the Seller). (d) Where excessive sorting and/or packaging/container cleaning is required the Buyer accepts any such charges. (e) The Buyer accepts any necessary repackaging charges. (f) The product is purchased less than 18 months from the time of return.
NOTES:
Any prepaid and/or other transportation charges shall be deducted in addition to the handling charge. Where material is returned in a condition defined as not saleable by the Seller a reconditioning charge, in addition to the handling charge, shall be deducted from the invoice value of the material. Should material purchased by the Buyer become obsolete between date of purchase and the date of the proposed return no credit shall be issued. The return of consignment inventory is also governed by this clause 15 unless the Buyer is specifically advised otherwise by written quotation.