Terms and Conditions of Sale

TERMS: NET 30 DAYS, or according to special terms as specified on each quotation.

CREDIT APPROVAL: Customer credit approval is required prior to any shipment.

PRICE: Prices are subject to change without notice and are F.O.B. shipping warehouse. All taxes, transportation costs, duties, and other charges are in addition to the quoted price.

ORDER ACCEPTANCE: Sarnia Piping Specilties Ltd (SPS) (hereinafter “SELLER”) reserves the right to accept or reject any order.

OVERDUE INVOICES: Interest charges at a rate of 2% per month on all overdue invoices.

CONDITIONS: All orders accepted and sales made by the SELLER are accepted and made upon and subject to these conditions unless otherwise agreed in writing. In all cases of conflict between these conditions and the requirements of the purchase order, these conditions shall prevail.

CANCELLATION: No orders may be cancelled or changed without the consent of the SELLER. Items supplied with any accessories, any options, any fabrication, or products in quantities not regularly stocked by SELLER but ordered directly from the factory and started in production are not subject to cancellation once order is entered.

TAXES: Any and all sales, manufactures taxes and/ or other charges levied or imposed by any governmental authority, foreign or domestic, upon any merchandise sold or contracted to be sold shall be paid by the Customer and added to the purchase price unless satisfactory and appropriate tax exemption certificates are supplied to the SELLER.

PRODUCT CHANGES: SELLER reserves the right to alter, modify or redesign its products without any obligation to replace products previously shipped with such altered, modified, or redesigned products.

DELIVERY: Customer is advised that quoted delivery dates or schedules are based on estimates at the time of quotation and that the seller will devote its best efforts to meeting such schedules. However. Seller assumes no liability for additional cost or damages resulting from late deliveries.

TITLE: Title to all goods shall remain in the Seller and at the Customers risk until fully paid for.

DAMAGE. LOSS OR SHORTAGE CLAIMS: All goods are accepted in good condition by the carrier. Claims for damage to the goods must be made by the Customer against the carrier exclusively. All claims for missing items or inaccuracies on the invoice must be made within 10 days of the invoice date.

RETURNS: Returns, if accepted, are for credit only, not for refund. No returns will be accepted without the Seller’s prior written authorization. Only standard stock items returned in excellent condition within 30 days from date of invoice will be accepted. Credit will be issued on the invoiced price less a cancellation and/or restocking charge of 30% in addition to the freight costs.

RISK: All goods shall be deemed shipped or delivered to the Customer when placed in the hands of a carrier for delivery to the Customer or to his order and all responsibility for loss, damage, or destruction of any of said goods is thereupon assumed by the customer.

WARRANTY: Seller’s products are carefully inspected for manufactures defects; however it is not always possible to detect hidden defects. Said products are warranted only to the extent that the Seller will replace without charge, products proved to have a manufacturing defect within 1 year of the date of the delivery thereof (or according to individual components manufacturer warranty) and provided Seller has given the opportunity to inspect the product alleged to be defective and the installation or use thereof. Seller shall not be liable for any injury, loss or damage direct or consequential arising out of the inability to use the product. This warranty does not cover any damage or defect directly or indirectly, or wholly or partly, attributable to accident or misuse, abuse neglect of the product, including damage to the products resulting from alterations or modifications made by any person not authorized by the Seller. No warranty is included against any expense for removal, reinstallation or other consequential damage arising from any defect. The warranties set out above are the only warranties made by Seller and are expressly in lieu of all other warranties, expressed or implied, including the warranties or merchantability and fitness for a particular purpose.