Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.
ACCEPTANCE OF ORDERS
Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
Unless otherwise indicated on the face of the invoice, all prices are quoted on an unit price basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.
Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.
TRANSPORTATION AND RISK OF LOSS
The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.
CANCELLATION OR MODIFICATION
Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
WARRANTY AND DISCLAIMER
Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.
LIMITATION OF LIABILITY
Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.
RETURN OF MATERIAL
Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller.
GOVERNING LAW AND ARBITRATION
This document shall be interpreted and governed by the law of Canada, excluding its conflicts of laws rules. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.
Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice
Orders placed before 4:00PM (GMT-08:00) using Regular shipping, orders placed before 2:00PM (GMT-08:00) using Express or Next-day shipping, and paid for will be dispatched the same business day. If possible we will do our best to ship any orders after the cut-off time but this cannot be guaranteed. Alternatively they will be dispatched the following business day. Orders placed on the weekend will be processed within 1 – 2 business days.
All orders will only be dispatched to the address given at the checkout. It is your responsibility to check and verify. Should any loss be incurred due to the input of an incorrect address or a fraudulent transaction, you will be held responsible as the sole bearer of the pecuniary loss.
If you refuse delivery without prior consent from CANACCTV, then you must pay for the original shipping charges. The amount will be deducted from your refund.
Please note that you may be required to sign for your package upon delivery. If you are not at home at the time of delivery, there may be an attempt to deliver to a neighbor or a card will be left informing you that an attempt has been made to deliver the Goods and if left with a neighbor this should be noted on the card. The receiver can either collect the parcel from a location specified on the card or arrange another delivery.
If you do not contact the delivery company within 5 days after the delivery attempt, they may return the goods to us. A return charge may be assigned to us and we reserve the right to ask you to pay the returning charge plus an additional cost for redelivery before we are able to re-ship the item to you.
When the goods are delivered you are responsible for checking that the order is complete and un-damaged. You should check the goods carefully for any visible damage and the contents if possible before you accept the delivery. Should there be any damage to the goods at the point of delivery, you have the right to refuse the goods and let the delivery person know the reason(s) for refusal. Alternatively, you may sign for the goods as ‘UNCHECKED’ at the time of accepting delivery, accepting that the order is completed.
If the product(s) you have ordered are not available at the time of placing your order for any reason, you will be contacted by email or telephone within the same or next working day. We will advise you of the estimated delivery time and if this is not satisfactory you will have the right to cancel your order without any obligations and a full refund will be issued.
Following a successful transaction, you will be notified when your order has been shipped and provided with a tracking number, if you do not receive a tracking number within 48 hours of completing your purchase, please check your email “Junk/Spam” folder before contacting us.