The seller warrants that the best workmanship and materials have been used in the manufacture of these products. Our obligation under the foregoing warranty shall be limited at our option either to the repair or replacement of the defective goods without charge to the purchaser, or in the alternative to refunding or crediting to the Purchaser the purchase price of such goods. The foregoing shall be conditional upon our having been notified promptly in writing within ninety days from date of shipment of the discovery of any such defects and upon our being satisfied that such defects were caused by our faulty materials or poor workmanship and were not caused or aggravated by improper installation, accident or misuse. Upon expiration of ninety days from date of shipment, the warranties and liabilities set forth shall terminate. The foregoing is in lieu of all other warranties, expressed or implied, including any warranties that extend beyond the description of the product.
Delivery dates quoted f.o.b. our factories or warehouses whichever is applicable. All orders are accepted subject to delay in delivery caused by war, fire, accident or labour dispute, or by any cause beyond our control. We shall under no circumstances be liable for any loss or damage, consequential or otherwise, caused directly or indirectly by any delay in the delivery of materials or in the completion on the order. Claims for shortage or damage on shipments must be made against the carrier by the purchaser.
TERMS OF PAYMENT
Net thirty (30) days.
Listed and unlisted made-to-order sizes are subject to a variance of 10% either way from quantity specified and will constitute a fulfillment of this order. This overrun may be shipped and invoiced accordingly. The foregoing is not applicable to standard stock merchandise.
The prices shown herein are subject to any Federal, Provincial, and Municipal Governmental taxes imposed upon the production, delivery, or sale of merchandise herein specified. The amount of any taxes applicable to this sale shall be paid by the Purchaser as a part of said price or in lieu thereof, the Purchaser shall provide the Company with a tax exemption certificate acceptable to the taxing authorities.
Any order or contract may be cancelled or altered by Purchaser only upon payment of charges based upon expenses already incurred, which will indemnify us against loss due to this alteration or cancellation.
Additional charges will be levied to cover costs of extra packing for export, special engineering or servicing, manufacturing tool charge, or other unusual cost elements which have not been contemplated such as overtime or other work authorized by Purchaser.
Material returned for credit or exchange must have prior permission from the office representing the original f.o.b. shipping point. All returned material will be shipped prepaid and will subject to a minimum 15% re-stocking charge.