PORTABLE PIPE HANGERS (CANADA)
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Terms and Conditions
TERMS & CONDITIONS
- Acceptance. No order shall be binding upon us until
accepted in writing by an authorized official at our Home Office.
Any contract for sale of goods, and these Terms and Conditions of Sale,
shall be governed by and constructed in accordance with the
Uniform Commercial Code as adopted in the Province of Ontario.
- Freight. All prices are F.O.B. our dock or point of
shipment, or as otherwise stated. Air Freight shipments will be made
upon request, and will be sent F.O.B. shipping point, FREIGHT COLLECT
Delivery of goods to a carrier at our plant or other shipping point shall
constitute delivery to purchaser regardless of freight payment.
All risk of loss or damage in transit shall pass to purchaser at that time.
Purchaser shall make claims for loss or damage to goods in transit against the carrier.
We will assist purchaser in securing satisfactory adjustment of such claims, however;
if material is delivered short, damaged or missing pieces due to carrier mishandling, receiver must make
a note on the delivery receipt in order to receive replacement material.
- Catalogue Weight, Dimensions and Design Loads. Catalogue
weights and dimensions are careful estimates but not guaranteed. Load
designs are based on tests as submitted or by calculations of static
load applications. In most cases, the load is stated with applicable
factor of safety.
- Errors. Should an error be made filling an order, notify us
promptly and we will immediately attempt to adjust the matter without
expense to purchaser.
- Cancellations. Cancellation of orders will be accepted only
with the understanding that we will be reimbursed for expenses
incurred as a result of the cancellation. Order for special or non-catalogued
items are not subject to cancellation after production is started
under any circumstances.
- Returned Material. Permission to return any standard
merchandise must be obtained in writing form Home Office in Concord,
Ontario. Request to return merchandise must be made within 30 days from
the date of shipment and subject to the following conditions:
- Return transportation must be prepaid
- Material not in first class, salable condition, will be subject
to the cost of reconditioning
- Merchandise credit will be allowed on the basis of the price
charged for the merchandise, less a minimum handling charge of 25%
for merchandise in standard packages, 30% for merchandise in less
than standard packages, and less any outbound freight allowed or
paid by us. Returns will only be considered for standard catalogue
items, and in normal quantities determined by the Company. Any
special or non catalogued items are not subject to return for credit
under any circumstances.
- Delivery. The estimated shipping date is based on
production time required to process the order commencing with the date
the order is received by us. If it is necessary to revise the design,
specifications or conditions of sale, the shipping date shall be
automatically extended by the period of time required to actually
achieve mutually agreed upon corrections or adjustments of the design,
specifications or conditions of sale.
- Damage or Loss in Transit. Delivery of goods to a carrier
at our plant or other shipping point shall constitute delivery to
purchaser regardless of freight payment. All risk of loss or damage in
transit shall pass to purchaser at that time. Purchaser shall make
claims for loss or damage to goods in transit against the carrier. We
will assist purchaser in securing satisfactory adjust of such claims, however;
if material is delivered short, damaged or missing pieces due to carrier mishandling, receiver
must make a note on the delivery receipt in order to receive replacement material.
- Limitations and Liabilities:
a) Except as specifically provided in this agreement, we make no warranties,
express or implied, and specifically disclaim any warranty of merchantability or
fitness for a particular purpose. Purchaser’s right to recover damages for any reason
whatsoever shall be limited to the total of amounts paid by purchaser for purchaser of product hereunder.
b) Neither we nor our affiliated parties shall be liable for any indirect,
incidental or consequential damages, foreseen or unforeseen, including lost profits,
sustained in connection with the use of products provided under this agreement,
regardless of the form of action, whether in contract or in tort, including negligence,
strict liability or otherwise.
c) Any action against us must be brought within 30 days after the cause of action accrues.
We shall not be liable for any delay, loss, damage or product failure attributable to any equipment
or actions of any person other than ourselves, our employees and agents.
- Liability for Misuse. We shall not be liable for damages to property or persons due to
improper installation of our material or through attempts to utilize the material under
conditions which exceed the designed capabilities. Purchaser agrees to indemnify and hold us
harmless from any and all claims, liabilities, damages, costs and expenses asserted against us or
incurred by us because of injuries to persons or damages to property resulting from the improper
installation or misuse of material.
- Claims. Claims for defective material, shortages, delays, failures in shipment or delivery for
any other cause shall be deemed waived and released by purchaser unless made IN WRITING WITHIN 48 HOURS AFTER ARRIVAL OF MATERIAL.
If material is delivered short, damaged or missing pieces due to carrier mishandling, receiver must make note
on the delivery receipt in order to receive replacement material. Under no circumstances shall
purchaser install damaged or defective material if claims are to be made.
- Warranties. We guarantee to repair or replace, at our
option, any products we find in our sole discretion to be structurally
defective in material or workmanship for a period of five (5) years
from date of delivery to purchaser. Such warranty specifically
excludes repair of non-structural rust damage to products. Our
obligation with respect to material found by us to be defective shall
be limited to replacement or repair and in no event shall we be liable
for transportation to or from our factory, installation, adjustments
or any expenses or damages arising in connection with such material.
ALL DRAWINGS, SPECIFICATIONS AND
RELATED DOCUMENTS ARE COPYRIGHT PROPERTY OF PORTABLE PIPE HANGERS CANADA INC. AND MUST BE RETURNED UPON REQUEST.
REPRODUCTION OF DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE NOT PERMITTED AND PROTECTED BY LAW.
Contractor shall keep confidential all information,
drawings, specifications, data, intellectual property, or knowledge furnished by Portable Pipe Hangers (Canada) Inc.
Toll Free (U.S. and Canada only) at 1-877-853-5556, (905) 731-8104 for local calls.
Copyright © Portable Pipe Hangers (Canada) Inc.