The
terms set
forth here in constitute the sole terms and
conditions upon wich
HALESON
offers
goods and products for sale.
No
other terms, conditions or understanding, whether oral or written shall
be
binding upon HALESON,
unless hereafter made in writing and signed by the Director of
HALESON.
Any
purchase order the
Customer may issue
to HALESON shall
constitute the
Customer’s
unconditionnal agreement to these
present
Terms
and Conditions of Sale.
HALESON
hereby specifically objects to any different or additional terms that
might be
contained in the Customer’s purchase order.
Cancellation
A purchase
order (or contract) may be cancelled or modified
only by written agreement
between HALESON and the Customer. The Customer’s
insistence upon cancelling or
suspending fabrication or shipment, or the Customer’s failure to furnish
specifications
when required,
may
be treated by HALESON as
a breach of contract by the Customer
and we may cancel any unshipped balance
without prejudice to any other remedies we
may have.
Claims
If
any goods received by the Customer are damaged, or if the quantities
received
by the
Customer do not agree with the
quantities indicated on the
shipping
documents, the
Customer may make a claim within 15
days after receipt
of such
goods, by furnishing
HALESON
a
detailed
written information as to any damage or shortage.
Credit
Approval
All customer orders are subject to
approval by HALESON.
Deliveries
HALESON
does not accept any penalties or order cancellation due to late
delivery of the
goods.
HALESON
provides a limited guarantee up to 12 months from date of
shipping of
all its
goods and products against
defects
of manufacturing
or
materials or design.
HALESON
warrants that any product sold by HALESON wich upon inspection
by a
HALESON representative
is found to be
defective either in manufacturing
or material or design and consequently found not
to be
suitable for the purpose
it was bought for, will be, at
HALESON’s option,
repaired or replaced free of
charge excluding transportation costs provided that,
HALESON
receives written
claim
specifying the defect within 12 months after
HALESON
ships the product.
Claims
for labour costs and other expenses required to replace such defective
product
or to repair damage resulting from the use thereof will not be allowed
by
HALESON.
HALESON’s liability is limited to the price paid for the defective product.
ALL OTHER WARRANTIES EXPRESSED AND
IMPLIED ARE
HEREBY
DISCLAIMED. UNDER
NO CIRCUMSTANCES HALESON SHALL BE
LIABLE
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF
PROFIT
OR ANY
OTHER SPECIAL DAMAGES
Ownership
and Title
The
ownership and the title of the
goods
does not pass to the customers (the purchaser)
until goods are paid for in full.
Patent Infringement
If
any of the
goods are to be furnished as per the
Customer’s specifications, the
Customer
agrees to indemnify
HALESON against all
liabilities and expenses
resulting
from any claim of infringement of any patent in connection
with the
production
and sale of such goods.
Prices
Prices are
subjects to change without notice.
Possession of a price list or quotation
is
not accepted by HALESON as an
obligation to sell.
Quotations
All quotations
are subject to change without notice
and supersede all previous quotations
unless
expressely agreed by HALESON. All quotations are subject to
prior sale.
Returned
Goods
Written
permission and a Return Goods Authorization
(RGA) number must
be obtained
before returning any materials back to HALESON. Material
returned
in saleable condition will be
subject to a restocking charge
of thirty percent (30%)
minimum.
SPECIALLY
MANUFACTURED GOODS AND NON-STOCK ITEMS
ARE
NOT SUBJECT
TO ANY RETURN.
Suspension
of
Performance
If in
HALESON’s
judgment reasonable doubt exists as to customer’s financial
responsibility or
if customer’s
account is past due
in payment of any
amount
owing to
HALESON, without liability and without
prejudice to any other
remedies, HALESON
reserves the right to suspend performance, decline to ship,
to
stop any material in transit, until
HALESON receives payment of all amount
owing to HALESON or
adequate assurance of such payment.
Taxes
Any taxes which,
under any existing or future law,
HALESON may be
required to pay or
collect with
respect to the sale, purchase, delivery, storage, processing, use,
consumption or
transportation of any of the goods or services covered shall be
paid by the Customer to
HALESON on
demand.
Terms of Payment
Unless otherwise
expressly provided, payment shall be due 30 days from the
date
of each invoice, without discount.