1. Acceptance of orders by BARR Plastics Inc. (The Company), whether written or oral, is based on the express condition that the Purchaser agrees to all the Terms and Conditions contained herein. BP T/C's will apply except when in conflict with the Purchaser's T/C's. In the event of a conflict, the Purchaser's T/C will apply. Acceptance of this Quotation/Sales Order by signing and dating; payment of deposit; or acceptance of delivery by the urchaser will constitute the Purchaser’s assent to these Terms and Conditions except as noted otherwise in the Purchaser's T/C's.
2.Terms of Payment are shown on the face of the Quotation/Sales Order. In the event they are not shown, the terms of payment shall be deemed to be Cash with Order or Net 30 days from date of shipment when cash before shipment is not obtained by The Company.
3. All taxes and excises of any nature whatsoever that are now or hereafter levied by any federal, provincial, state, municipal or other authority having jurisdiction upon the sale or transportation of any goods, shall be paid, and borne by the Purchaser.
4. The Company reserves the right to require payment for any goods in advance or the provision of satisfactory security if the financial condition or responsibility of the Purchaser is or becomes unsatisfactory to the Company.
5. If the Purchaser fails to make payment in accordance with these Terms and Conditions, or fails to comply with any provision hereof, the Company may, at its option (and in addition to any other legal remedies) lien projects, and/or cancel any un-shipped portion of the outstanding orders. The Purchaser will remain liable for all unpaid accounts, including interest, as well as all costs incurred by the Company to collect the outstanding accounts, including costs on a solicitor and own client basis.
6. Delivery dates or schedules specified are projections based upon conditions present at the time the Quotation/Sales Order is prepared and are not to be taken as commitments or guarantees to meet such dates. Failure to meet scheduled delivery dates does not constitute a breach of the agreement and is not grounds for the Purchaser to terminate the agreement. The Company will use its best efforts to meet scheduled delivery dates but will not be responsible for any costs incurred by the Purchaser for any delays. All prices quoted for freight assume that clear and unrestricted access is available for offloading at site by the customer. Any delays or waiting time at the site will be additional charges to the customer’s account.
7. Prices prevailing for goods at the time of shipment will apply except as otherwise provided by a prior written quotation which remains valid at the time of order. Quotations are valid for the period as stated on the quotation provided or to a maximum of 15 days if not otherwise stated. All pricing is based on FOB (Picked up at) BARR’s facility unless otherwise noted on the Quote, Order Confirmation, Sales Order Document, or Invoice.
8. Title and risk of loss or damage to goods passes to the Purchaser upon delivery of the goods to the Purchaser’s site regardless of who pays the shipping cost. Any damaged goods and any error in weight, number or other specification must be noted on the Bill of Lading and any claims arising therefore must be made in writing within ten (5) days after receipt by the Purchaser.
9. Claims for return of goods must be made in writing by the Purchaser to the Company. No shipments of returned goods may be made, nor will they be received by the Company without prior written consent. Non-stock or special-order goods are non-returnable unless the Company agrees to their return. All returned goods are subject to a restocking charge of twenty-five (25%) of invoice value, plus any cost to refurbish the returned goods to resalable condition.
10. Where the Company is the Manufacturer/Fabricator of a product or has performed modifications of product manufactured by others, the Purchaser acknowledges that The Company is not responsible for the engineering or design of such product or modifications. The Company retains no Engineering staff, nor do they make any assertions with regard to the merchantability or fitness of a product in any specific application. The Company’s sole responsibility will be to prepare drawings at the request of the Purchaser (at a cost) to detail the product design for review and approval by Purchaser before proceeding with any manufacturing/fabrication or custom modification of products. Where the Purchaser does not require or receive drawings for approval prior to commencement of work the responsibility for design and engineering will remain the sole responsibility of the Purchaser.
11. The Company Warrants that all product manufactured/fabricated by it shall be of good quality and workmanship and warrant to repair or replace (F.O.B. the original point of sale and at the sole discretion of the Company) defective materials, or workmanship within 1 year from the date of shipment of the product to the Purchaser. In the event of defective product within the warranty period, requiring product to be returned to the Manufacturer/Fabricator, BP's warranty is limited to the transport of the product back to its facility, and returning it to the Purchaser's site when repaired or replaced. The purchaser will be responsible for preparing, disconnecting, and generally making the product accessible and ready to transport away from site, and for re-installing the repaired or replaced product upon its return. This Article is to be interpreted in conjunction with all the conditions included in Article 10.
12. All recourse of the Purchaser in respect of defective goods or any damages and claims arising therefrom is to the goods Manufacturer’s express warranty, if any, a copy of which shall be provided forthwith by the Company upon the request of the Purchaser. The Company hereby assigns to the Purchaser all assignable rights under any express warranty given to the Company by the goods manufacturer. The Company shall have no liability whatsoever to the purchaser, in respect of defective goods not manufactured/fabricated by the Company, or any damages and claims arising therefrom. The Company hereby disclaims any warranty implied by operation of law or otherwise; included but not limited to, any warranties of merchantability or fitness. The Purchaser agrees that applicability of the
manufacturer’s warranty to the Purchaser is subject, but not limited to, the following conditions:
13. In no event shall the Company be liable for direct, special, indirect, consequential, or incidental damages of the Purchaser or any third party arising in any way in connection with this Agreement, including but not limited to, lost profits, lost revenue, or failure to realize expected savings.
14. This agreement shall be governed by, construed, and enforced in accordance with, the Laws of the Province of British Columbia. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement.
15. The parties acknowledge that they have requested that this agreement and all notices and documents relating there to be drafted in the English language. Les parties reconnaissent qu’elles ont requis que ce cotrat et tous les avais ou autres documents qui s’y reportent soient rediges en anglais.
16. Other Conditions: These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether BARR Plastics Inc. signs them or not. We reserve the right to make changes to the Company’s website and these Terms & Conditions at any time.