Robco Inc - Sales Terms and Conditions

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Sales Terms and Conditions

1. ROBCO INC. (hereinafter called the “Company”) shall not be responsible for direct or indirect loss or damage arising from delay in delivery or from non-delivery of all or any part of the goods. All goods are shipped at Purchaser’s risk and the Company shall not be responsible for goods damaged or lost in transit.

2. Any error in weight, number or other specifications must be noted on the bill of lading or carrier’s delivery slip and any claim arising therefrom shall not be considered by the Company unless made in writing within ten (10) days after receipt of the goods by Purchaser.

3. All goods manufactured by the Company are warranted to be free from defects in material workmanship. The Company’s sole liability to the Purchaser for any reason whatsoever is at its option, either to repair or replace F.O.B Customer’s works, any goods which, shall prove to have been defective in materials or workmanship, provided the Company receives notification in writing of such defects within 30 days of their receipt. This warranty excludes all other warranties, either express, implied, legal or contractual, and any warranty or condition as to the merchantability or fitness for purpose. Under no circumstances shall the Company be liable for direct or consequential or indirect loss to the customer (including, without limitation, loss of profits, loss of production, or liabilities to the purchaser or third parties) or for any special or punitive damages of any nature whatsoever.

4. Goods not manufactured by the Company are not warranted except in so far as the same are warranted to the Company by the manufacturers, but in no case does the Company bind itself to any greater warranty than set forth in paragraph 3 hereof.

5. When goods are fabricated in accordance with Purchaser’s plans and specifications, the Company shall not be responsible for loss or damage arising from improper or inadequate design.

6. Purchaser agrees to indemnify and hold harmless the Company from all claims, actions, or damages arising out of Purchaser’s or any third parties’ use of the goods purchased hereunder.

7. Unless otherwise stated herein, terms of payment are net thirty (30) days from invoice date with 2% interest per month for late payments.

8. Unless otherwise stated herein, quotations must be accepted by a purchase order in writing within thirty (30) days from the date of the quotation and all orders are subject to prior approval of Purchaser’s credit.

9. Unless otherwise stated herein, all prices are subject to alteration without notice. If during the currency of any contract arising from any quotation there by any increase in cost of labour and/or materials required in connection with or for the purpose of such contract over the cost of such labour and/or materials prevailing at the date of any quotation, the net increase of cost shall be added to the contract price and be payable by Purchaser.

10. Purchaser shall pay all taxes, duties and other charges imposed by any government authority on the goods unless otherwise stipulated

11. Should default be made by Purchaser in paying any sum on due date the Company shall have the right either to suspend all further deliveries either under the same or any other contracts with Purchaser until the default be made good or then later to cancel the same or any other contracts so far as any further goods remain to be delivered thereunder.

12. Quotations are submitted and orders accepted on the express understanding that the Company reserves the right to supply and bill up to 10 % more or less than the quantity ordered on a pro rata price basis. The Company shall not accept cancellation of all or any items or reduction in quantities after the order has been accepted.

13. These terms and conditions of sale may not be modified by any provision of any other type of agreement, purchase order or similar agreement and no modification shall be binding on the Company unless made in writing and signed by all parties hereto.

14. Unless otherwise specified in writing, tooling charges quoted and/or invoiced by the Company represent only a part of the actual cost of same and therefore does not entitle the purchaser to ownership of the tooling. The Company agrees to maintain, at it’s expenses, such tooling in good working condition. Should the purchaser want title ownership, the Company shall be entitled to levy and additional charge and all maintenance thereon shall then become the purchaser’s responsibility.

15. No product may be returned without the Company’s written permission. Such returned goods authorization shall include shipping instructions which must be adhered to, otherwise any excessive shipping charges will be deducted from credit allowed. Unless product is returned because of defect or failure to meet specifications, the Company shall be entitled to levy a restocking charge.

16. Governing law: Buyer and vendor agree that the laws of the Province of Quebec shall govern the interpretation and effect of this contract, except for Canadian provinces other than Quebec where the laws of the Province of Ontario shall apply.

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