Terms and Conditions of Sale of Products By Gould Fasteners Limited
Terms : Net 30.
The seller reserves the right to increase prices when increasing costs necessitate an increase in price.
Method of shipping is to be designated by the seller unless specified by purchaser.
Unless specified otherwise, delivery is F.O.B. our plant. Although shipping dates are approximate, we will strive to honour them. However, we shall not be held responsible for delay in delivery caused by circumstances beyond our control.
An order shall be deemed a covenant between purchaser and seller. Consequently, the seller's consent is required for any cancellation, change to or reduction in the amount of an order. The seller may at his discretion levy a cancellation fee. Goods manufactured to the purchaser's specifications cannot be cancelled.
Any expense or loss resulting from the infringement of patents or trademarks arising from compliance with the purchaser's designs, specifications or instructions rests with the purchaser.
Reasonable attempts will be made to ship quantities requested by the purchaser. Custom parts shipments may deviate by ±10% order quantity variation. The seller reserves the right to allocate sales and limit quantities of selected products among its customers at its sole discretion.
Returned Goods Policy
Goods will be accepted for return only :
- within a 30 day period from date of shipment;
- with an authorization number from the Seller; and
- if the parts are found to deviate from the initial order requirements.
The purchaser acknowledges that it has not relied on the seller's skill or judgment in furnishing goods for any particular purpose and the seller does not warrant the goods furnished hereunder to be fit for any particular purpose. In particular, where the goods furnished hereunder are only a constituent element or component part of a finished product, the seller does not warrant the goods finished hereunder to be suitable for such application.
Limitation of Liability
Unless specifically agreed to in writing, the seller will not be liable for any incidental or consequential damages, contingent liability, or labour costs, for any cause whatsoever, in respect of standard inventory parts or special parts supplied. The seller's liability arising out of any sale of products to the Purchaser is expressly limited to either
- A Refund of the purchase price paid by the purchaser for such products, or
- Repair and/or replacement of such products, at the seller's election, and such remedies shall be exclusive and in lieu of all others.
Purchaser Shall Indemnify, Defend and Hold Seller Harmless from Any Claims brought by any party regarding products supplied by seller and incorporated into the purchaser's product or resold by the purchaser.
Ownership of Goods
Title of goods remains with the seller until payment is received.
All disputes or claims arising out of or in connection with or in relation to the contract, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario (located in the City of Toronto) which shall have exclusive jurisdiction in the event of any dispute hereunder. The parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action or proceedings arising out of or in connection with this Agreement.
Seller RoHS Compliance
It is the policy of the seller to identify and offer certain products to the purchaser as RoHS Compliant. RoHS refers to the European Union's Directive 2002/95/EC, entitled Restrictions of Hazardous Substances and the seller defines the term
RoHS Compliance, as supplier declared compliance to all restricted hazardous substance regulations under the RoHS EU directives, regulations or laws. The seller performs no testing of product and relies solely on the manufacturer or distributor of the product for identification of RoHS Compliance. Further the seller makes no warranty, certification or declaration of RoHS Compliance concerning said products. Product is advertised or offered as meeting RoHS Compliance only after written evidence is received from the component manufacturer or distributor, that any inventory, either in a bin or on order, has been determined to be RoHS compliant by the manufacturer or distributor. Any relevant evidence will be kept with the seller's office, either in original form or electronically, and maintained for at least 7 years from the date of receipt. Copies of such evidence can be provided by seller for the seller's standard fee, if any. All statements by the seller of RoHS compliance is based on producer or distributor documentation.
Any purchase order or order with terms or conditions that conflict with outlined above are considered void by Gould Fasteners Limited.