All orders are subject to final acceptance by seller and are subject to seller's terms and conditions in effect at the time of delivery. Seller will not recognize conflicting customers' terms and conditions unless specifically agreed to in writing by seller. Any amount owing becomes due and payable immediately in the case of change of ownership, attachment or execution against the buyer or his representative unless otherwise agreed.
Orders will be accepted on the basis that the prices applying to them will be those in effect on receipt of order unless otherwise arranged. Federal and Provincial Sales taxes are additional if applicable. Seller reserves the right to amend prices on any order for any alterations or changes authorized by the purchaser subsequent to seller's acceptance of the order.
Aerocom Specialty Fittings Inc. warrants that its products shall be free from defects in materials and workmanship when properly used and applied under normal conditions. Our liability on proven defective material is expressly limited to the original net purchase price, or at the option of Aerocom Specialty Fittings Inc. the replacement of such item, upon its authorized return. All claims for defective goods must be received in writing within a maximum of 60 days from the date of sale by Aerocom Specialty Fittings Inc. to be considered. Sellers advanced written authorization is required for the return of any product. Merchandise damaged as a result of carelessness, mishandling or misapplication is specifically excluded from the above warranty, as are all implied warranties, on any consequential injury, property damage and/or loss of profit which may be claimed to have been incurred through the sale or use of any such products or parts thereof which might be defective. Except as otherwise expressly provided above, seller makes no representation or warranty of any kind, expressed or implied, with respect to the goods sold as to merchantability, fitness for a particular purpose, or any other matter with respect to the goods, whether used alone or in combination with other products. Liability of seller shall be limited in all circumstances to the price of the goods, and in no event shall seller be liable in contract for tort, for consequential, indirect or special damages arising out of delay in or failure to deliver, defects in design material or workmanship, or breach by seller of any other obligation hereunder.
Some merchandise sold by Aerocom Specialty Fittings Inc. may not be authorized for return. Considerations for product returns are evaluated on an individual basis. Reason for return, date of sale and popularity of item will be all factors in evaluation for return authorization. No returns will be considered after 30 days from date of sale. A handling and restock charge may apply. The restock percentage is to be determined by Aerocom Specialty Fittings Inc.
Shipping terms are F.O.B. Point of Shipment. Title to goods shipped passes to the purchaser only once fully paid for by purchaser. In the absence of shipping instructions, goods will be shipped by whatever shipping method the seller deems appropriate. Seller reserves the right to make shipments of equipment as it becomes available, unless otherwise agreed upon. Shipments delayed to accommodate the purchaser will be invoiced and additional charges for warehousing, plus other incidental expenses created by the delay will be at the expense of the buyer.
Seller will not be liable for any delay in the performance of orders or contracts or in the delivery or shipment of goods or for any damages suffered by purchaser by reason of such delay when such delay is directly or indirectly beyond seller's reasonable control.
Seller does not accept any responsibility for loss, damage or pilferage sustained in transit. Claims of such character should be made by the purchaser promptly against the carrier.
Net 30 days unless otherwise agreed to in writing by seller. If terms are not respected then we may need to proceed with a credit hold or transfer the account to a C.O.D. basis.
Interest of 1-1/2% per month (18% per annum) will be charged on overdue accounts.
No holdback of payments will be allowed unless specifically agreed to in writing by seller.
Any order placed with seller may be cancelled by the purchaser only upon receipt of written consent from seller and then only upon terms that will compensate seller for engineering or fabrication charges and any other expenses and commitments made by seller.
Seller will not accept any liability for penalty clauses of any kind, written or implied, unless specifically approved in writing by an officer of seller.
The present conditions of sale as well of all orders pursuant thereto will be governed by and construed in accordance with the laws of the Province of Quebec, without regard to any conflict of laws or the laws of another jurisdiction. Any action by or against either party arising from an order or the execution or performance thereof shall only be brought before and settled by the competent Court of the Province of Quebec, Canada and to that effect the parties herein elect domicile in the city and district of Montreal, Quebec.