Listed below are our 'Terms & Conditions' of sale. Should you require clarifications or should you have other questions please contact us at 1-800-461-2611 or email us at email@example.com
ALL PRODUCTS ARE SOLD SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
1. Unless otherwise specified, terms of payment are net cash 30 days from date of shipment on approved credit. All payments not made as of the due date are subject to a daily finance charge of 1.5% per month on the unpaid balance. PREMIER FLUID SYSTEMS INC. (hereunder referred to as the company) shall have the right to collect reasonable expenses, including attorneys' fees on a full indemnity basis, incurred enforcing the collection of any amount due.
2. Inspection of equipment to be purchased can be arranged by appointment. There will be no charge for delay for the service except in cases where there are hold points in fabrication and/or operating tests are to be witnessed.
3. Any provincial sale tax, GST, or other tax which may be imposed on this transaction is not included in the quoted price, unless specifically so stated. Buyer agrees to pay any and all taxes directly to any taxing authority, if such tax is not charged on seller's invoice.
4. Clerical errors are subject to correction.
5. Unless otherwise specified herein and agreed, deliveries are F.O.B. the company's premises in Burlington, Ontario.
6. All designs, fabrication detail, drawings and test information submitted to the buyer are the property of the company and are not to be copied or distributed to any third party without express written consent of the company.
7. THE COMPANY WILL ENDEAVOR TO FILL ALL ORDERS ON TIME. HOWEVER, THE COMPANY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY FIRES, FLOODS, STRIKES, ACCIDENTS, GOVERNMENT REGULATION, DELAYS OF CARRIERS AND OTHER CAUSES BEYOND ITS CONTROL. THE COMPANY ASSUMES NO LIABILITY FOR LOSS RESULTING FROM NON-DELIVERY OF GOODS ON A SPECIFIED DATE REGARDLESS OF THE CAUSE.
8. The company reserves the right to withhold delivery until payment for previous orders is received.
9. Cancellation, waiver or alteration of this order can only be made with the written consent of the company, and is subject to the following cancellation charges:
-After order entered: $150
-After design completed: 25% of purchase price
-After approval drawings sent out: 35% of purchase price
-After detailed drawings completed and shop orders placed: 50% of purchase price
-Additional charges added to the above depending upon the amount of non-recoverable costs and/or the amount of
10. No products are returnable except with the written permission of company and after the receipt of shipping instructions.
11. A minimum restock fee of 20% is applied to all standard restocking returns other than damaged goods. Return of non-standard goods is not accepted.
12. Claims for shortages must be made within 10 days after receipt of shipment. Items claimed as missing should be noted as shown on our packing list and reported to the company with one copy of the packing list, missing items marked.
13. Purchaser assumes the risk of damage or loss from the date of shipment.
14. It is the prime objective of the company that every company's product gives complete satisfaction. If difficulties arise consulting the written installation and operating instructions or the appropriate company's engineer can usually correct them. ITEMS THAT ARE DAMAGED WHEN RECEIVED SHOULD NOT BE MOVED. NOTIFY BOTH THE CARRIER AND THE COMPANY IMMEDIATELY! FAILURE TO DO SO MAY JEOPARDIZE ANY CLAIM YOU MAY HAVE.
THE LIABILITY OF PREMIER FLUID SYSTEMS INC. WITH RESPECT TO DEFECTIVE PARTS OR PRODUCTS IS LIMITED TO THE FOLLOWING:
15. Limitation of Warranties, Remedies and Damages.
a) The company warrants that the product delivered hereunder shall conform to the specification given in connection with the sale of the product for a period of time as listed below. This warranty does not cover equipment such as electric motors and other accessories furnished by third parties that are only warranted by their respective manufacturers. In the case of factory assembled and tested systems the company extends this warranty to cover all components regardless of their source.
LUIDS IN. (hereinafter referred to as the company)
The company's exclusive obligation under this warranty is the repair of any part or parts of the product that, in the company's judgment, did not conform to said specifications when shipped. This warranty shall be void unless said non-conformance is discovered before the expiration of this warranty and the company is notified in writing and the non-conforming part delivered to the company's factory, transport charges prepaid, within thirty (30) days of each discovery. Repairs shall be made at the company's factory without charge, except for transportation. No allowance will be made without the company's written consent. In lieu of the foregoing remedy, the company may, at its option, redesign, redevelop and/or replace the product or refund the full purchase price thereof. If the purchaser disassembles the product for any reason without the written consent of the company, this warranty will be void.
Products sold hereunder are not warranted for operation with erosive or corrosive fluids. No warranty shall apply by reason of a failure of the product to resist the erosive or corrosive action of any fluid, or for problems caused by buildup of material on the internal parts of the product. Mechanical shaft seals are only warranted for a period of (90) ninety days from date of shipment.
Except as otherwise provided by law, the company shall not be liable for any damages arising out of this contract, or any breach thereof, or any defect or failure or malfunction of the product furnished hereunder.
THIS WARRANTY AND THE COMPANY'S OBLIGATION HEREUNDER IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES WHICH EXCEED THE AFOREMENTIONED OBLIGATIONS ARE HEREBY DISCLAIMED BY THE COMPANY AND EXCLUDED FROM THIS WARRANTY. NO OTHER PERSON IS AUTHORIZED TO GIVE ANY OTHER WARRANTY OR TO ASSUME ANY OTHER LIABILITY ON THE COMPANY'S BEHALF.
All products (12) twelve months from startup or (18) eighteen months from shipment (whichever comes first) except:
- Dynaseal vacuum systems (36) thirty-six months from shipment.
- In-house repairs (6) six months from shipment.
b) Any action against the Company for breach of this warranty or other action against the Company under this contract must be commenced within one (1) calendar year following the date such cause of action arises.
16. Safe Operation
The purchaser shall comply and require its employees to comply with directions set for in manuals or instruction sheets furnished by Premier Fluid Systems Inc. (Seller) and shall use reasonable care, all safety devices and guards in the operation and maintenance of equipment. The purchaser shall not remove or permit anyone to remove any safety guards, devices or warning signs.
The purchaser shall immediately give Seller written notice of, and this notice shall in no event be more than forty-eight (48) hours after any personal injury or property damage arising out of the use of the goods, and co-operate with Seller in investigating any such accident of malfunction.
18. No Liability and Indemnification
The purchaser shall indemnify and hold Seller and company harmless against any/all liabilities, expenses and cause of action relating to injury, death, property damage or destruction, or otherwise, arising from, connected with, related to or alleged to arise from, be connected with or related to the operations, activities and use of the equipment furnished hereunder.
19. This order and any agreement of sale from its acceptance shall be governed by and construed according to the
Laws of the Province of Ontario, Canada.
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