Terms of Sale
Personal information is not sold or shared with third parties, except as needed to comply with regulatory considerations, and/or normal business practices.
TERMS OF PAYMENT
Terms of payment are net cash before shipment. All payments shall be made in CDN dollars. We accept all major credit cards or other forms of payment via inter-bank transfer or cheques (shipments will be held until cheques clear). Seller reserves the right to require payment pursuant to irrevocable letter of credit issued by a financial institution acceptable to Seller or by documentary draft if specified on the front of this quotation, prior to manufacture, preparation, and shipment of any products.
Prices are based on current costs and therefore subject to change without notice to account for changes in the cost of raw materials and other direct costs beyond Seller's control. For deliveries to points outside of Ontario, Prices quoted by Seller are exclusive of all excise and similar taxes. All taxes and costs are paid by the Buyer.
Orders accepted by Seller are not subject to cancellation by Buyer, except with Seller's written consent and upon terms that compensate Seller for any loss or damage arising out of said cancellation. Cancellation requests must be submitted in writing. All cancellations are subject to a 25% cancellation fee from the Buyer.
We accept product(s) returned for credit to the buyer's account only with prior written approval by Seller. To obtain this permission you must contact us with your request. You will be issued a Return Materials Authorization document that must be included with your return shipment. Returns must be within 14 days of buyer's receipt of the product(s). Returns are allowed only for justifiable reasons. Containers must be in the original shipping condition, and cannot have been opened or be damaged or used in any manner. Returns, if so warranted, shall be freight prepaid by the buyer, and in original packaging.
The cost you actually paid for the item or items being returned, less shipping and a 25% restocking charge, will be returned within 30 days of its receipt at Seller’s warehouse, provided
the returned product or products must not have been opened, punctured, used or in any affected in any other manner that would render the product(s) unfit for resale. The transaction will be refunded in the way it was processed (e.g. credited to the credit card you used). The return transaction must be within 30 days from the date of delivery of the item or items being returned.
Customers assume all responsibility for purchase and safe, proper and legal use of the products they purchase.
SHIPMENT & RISK
All orders are freight and insurance prepaid by Buyer. Title to and risk of loss of the Products are transferred to Buyer upon Sellers delivery of the Products to the carrier, unless the Products are sold F.O.B. Destination, in which case title and risk of loss pass to Buyer upon delivery of the Products to Buyer at the delivery destination. Route of shipment is at Seller's discretion, unless Buyer supplies explicit instructions. All shipments are incurred at Buyer's expense and made at the Buyer's risk.
Seller will not be liable for any delay in the delivery or shipment of products, or for any damages suffered by Buyer by reason of such delay, when such delay is beyond Seller's control. Seller shall have the additional right if any of the above mentioned contingencies occur, at Seller's option, to cancel in whole or in part, this contract without any resulting liability.
Any designs, sketches, formulae, proofs, etc. originated by Seller are submitted in confidence and will not be disclosed by Buyer to any third party. Unless otherwise agreed in writing, such items are owned by Seller.
Seller reserves the right to select sources of supply for chemicals. Seller does not guarantee the compatibility or performance of chemicals with any specific customers' product.
The sole and exclusive warranty provided herein is that the products sold are warranted to be free from defects in material or workmanship as established by Seller's standards of acceptable quality for a period of 12 months from the date of the delivery of the Goods. This express warranty is in lieu of all other warranties, express or implied. A claim for breach of the warranties must be received by the Seller within 12 months of the use or providing of the Goods or Service or the claim shall not be valid. Buyer's remedy under this warranty is to have its account credited with the invoice amount, or at Seller's sole option to have any products which contain defects at variance with Seller's specifications replaced, provided the specific defect is reported to Seller within thirty (30) days after the date of initial shipment. For Goods not manufactured by Vedra Industries, the warranty shall be the manufacturer’s transferable warranty.
Every such claim under this warranty shall be deemed waived by Buyer unless it is made in writing within thirty (30) day period. Defective products or any other product returns may be returned to Seller only after Seller's inspection and then only upon receipt of definite instructions for said return received from Seller, i.e., the Buyer must obtain a written Returned Goods Authorization from the Seller. Any products returned without Seller's advance written instructions will not be received for replacement or credit. Products returned without defect which are approved for return by the Seller are subject to a 25% restocking charge. Seller gives no warranty as to merchantability or as to fitness for any purpose.
LIMITATION OF LIABILITY
Under no circumstances shall seller be liable to buyer or any other person for any incidental, consequential or special damages, losses or expenses arising from losses or expenses arising from this contract or its performance or in connection with the use of, or inability to use the products for any purpose whatsoever or for injury to person or damage to or loss of property or value caused by any of the products. The Buyer shall indemnify and hold Seller harmless from and against all loss, cost, damage or liability arising from the transport, use, storage and disposal of any of the products. In no event will Seller’s liability exceed the price paid for the products.
LIMITATION OF ACTIONS
No action regardless of form arising out of any contract with the Buyer may be commenced more than one (1) year after the cause of action has accrued. Buyer shall reimburse Seller for any attorney's fees and other legal expenses incurred in enforcing or defending its rights under any contract arising from this quotation.
Buyer will indemnify, defend and hold Seller harmless from any claims, losses, expenses, and liabilities whether for personal injury or property damages, including but not limited to any indirect, special or consequential damages, fines or penalties, whether civil or criminal, arising from its ownership, use, and operation of the Products.
Buyer and the Seller, each, to the extent that it may lawfully do so, hereby consents to the jurisdiction of the courts of the Province of Ontario, Canada, for any suit, action, or other proceeding arising out of any of its obligations hereunder or with respect to the transactions contemplated hereby, and expressly waives any and all objections such party may have to venue in any such courts. Each party, to the extent that it may lawfully do so, further agrees that a summons and complaint commencing an action or proceeding in any of such courts shall be properly served and shall confer personal jurisdiction if served personally or by certified mail to it as its address provided at the beginning of this quotation or as otherwise provided under the laws of the Province of Ontario.