Sales Policies Terms & Conditions
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 of 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 Purchaser 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 are based on the assumption 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 expire and are no longer valid thirty (30) days after date of issue unless specifically stated to the contrary in the Quotation.
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 (10) 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 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, 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 loading and 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 of 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 BP, 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:
a. Notice: The Company and/or the goods manufacturer must be immediately notified in writing of a defect in the goods.
b. Inspection: On-site inspection of the goods by the Company and/or the goods manufacturer’s representative must occur prior to the removal or modification of the goods without written authorization by the Company.
c. Unauthorized Repair: The goods must not have been previously altered, modified, repaired or serviced by anyone other than the Company or the goods manufacturer’s representative.
The Company will not accept or honour any claims or back charges unless the manufacturer of the goods has agreed to the aforementioned claims in writing.
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 thereto 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.