TERMS OF PURCHASE
Limited Warranty - The warranty and return policy for all products sold here under (the "Products") is determined by the original equipment manufacturer and/or supplier. All products sold by Concept Controls Inc. (“Concept Controls”) are warranted only to the extent of the manufacturer’s/supplier’s warranty, and only to purchasers ("Buyers") for resale or end-users.
Products are warranted against defects in workmanship or materials only in accordance with the individual manufacturer’s warranty policy.
Any part which is determined by Concept Controls to be defective in material or workmanship and returned to a Concept Controls branch or authorized service location of Concept Controls Inc. designates, shipping costs prepaid, will be repaired or replaced, at Concept Controls sole option, as the Buyer’s exclusive remedy.
Warranty Disclaimer - Concept Controls Inc. has made a diligent effort to illustrate and describe the Products in its catalogues accurately; however, such illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty or condition that the Products are merchantable, or fit for a particular purpose or that the Products will necessarily conform to the illustrations or descriptions. The Products are sold to Buyers on an "as is, where is" basis, and no warranty or condition or affirmation of fact, express or implied, other than as set forth in the limited warranty above is made or authorized by Concept Controls Inc. Any and all representations and warranties, express or implied, legal, statutory, conventional or otherwise with respect to the Products (including, implied warranties as to merchantability or fitness for a particular purpose), whether pursuant to the Sale of Goods Act of any province or otherwise, are hereby expressly excluded and disclaimed.
Limitation of Liability - Any liability for indirect, special, exemplary, punitive, consequential or incidental damages is expressly disclaimed by Concept Controls Inc. Concept Controls liability in all events for all damages, losses and causes of action (whether in contract, tort or otherwise) shall be limited in the aggregate to, and shall not exceed, the purchase price paid by the Buyer for the Product in question.
Prompt Disposition - Concept Controls Inc. will make a good faith effort for prompt correction or other adjustment with respect to any Product which proves to be defective within the warranty period. Before returning any Product, write or call the Concept Controls location from which the Product was purchased, giving date and number of original invoice and describing the defect. The Concept Controls branch will give instruction as to the method of returning the Product.
Product Suitability - Many provinces and locations have laws, codes and regulations governing sales, construction, installation and/or use of products for certain purposes, which may vary from those in neighboring areas. While Concept Controls attempts to ensure that its Products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how Products are installed or used. Before purchase and use of a Product, please review the Product, and applicable national, provincial and local laws, codes and regulations, and be sure that the Product, as well as its installation and use, complies with them.
Hazardous Materials Information - For the information of Buyers, Concept Controls has obtained Material Safety Data Sheets ("MSDS") for all "controlled products" within the meaning of the Hazardous Products Act (Canada) and the Controlled Products Regulations made under that Act, in respect of Products offered for sale by Concept Controls. The MSDS in question conform to the requirements of provincial occupational health and safety legislation which regulates "hazardous material" and the applicable Workplace Hazardous Materials Information Systems Regulations made thereunder. Such MSDS are available at your local Concept Controls branch and will be provided to the Buyer of any such Product at the time of sale. The information and recommendations contained in the applicable MSDS supplied/prepared by the manufacturer are considered to be accurate and reliable. However, Concept Controls makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. Concept Controls disclaims any and all liability to any user thereof.
Cross-Reference Information - Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that past performance and other characteristics are comparable. For critical applications, review specifications prior to purchase.
Manufacturers’ Warranties and Sales Literature - Most of the Products listed in Concept Controls catalogues are warranted to the end users by their manufacturer. As applicable, such warranties may supersede or exclude other stated warranties. Copies of such warranties are supplied with the Product or are available from the manufacturer. As a service, Concept Controls will obtain copies of warranties from the warrantor and will furnish them free of charge to customers who request them. Requests must include the Concept Controls order confirmation number and the manufacturer and model number of each Product for which a copy of the warranty is requested. Concept Controls may also furnish sales brochures and other literature of the manufacturer. Concept Controls Inc. assumes no responsibility for such warranties or sales literature by performing this service.
SALES AND FREIGHT TERMS
Terms - By placing an order, Buyers accept and agree to Concept Controls Inc. terms and conditions, including the limited warranty, which are subject to change from time to time without prior notice. The current terms and conditions, including the limited warranty, can be obtained at www.conceptcontrols.com.
WHOLESALE ONLY - Concept Controls Inc. offers its Products for sale to Buyers for use or consumption for business purpose in Canada, and only in accordance with manufacturers’ specifications, requirements, recommendations and warranties. By placing an order, Buyer is representing that it is purchasing for business and not consumer purposes. Business identification may be required from Buyers. Possession of a catalogue does not constitute the right to purchase from.
PRICES - All prices are subject to change without notice prior to receipt of Customer's purchase order (hereinafter referred to as "Customer's Order Confirmation") and Concept Controls acceptance of it. All invoice prices are those in effect on date of shipment, unless otherwise agreed to by Concept Controls Inc. in writing. All pricing information in published or printed material is provided for general information and estimation purposes only. Published prices are neither quotations nor offers to sell. Prices do not include applicable federal, provincial or local taxes and, unless expressly identified and itemized, do not include freight, handling or insurance. All taxes applicable to Products ordered shall be paid by Customer.
SALES TAX - For Buyers with established credit, terms are net thirty (30) days from date of shipment. If credit is not established, please include payment with order or purchase through Visa, MasterCard or American Express. All payments must be in Canadian dollars. Concept Controls shall have the right to set-off and deduct for any sums owed. If Buyer fails to make payment within thirty (30) days, Concept Controls may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order. Product invoices are issued upon shipment from the manufacture or at the start of service. Concept Controls Inc. has the right to charge a late payment charge of 1.5% of the outstanding balance per month for each month, or partial month, any invoice remains unpaid beyond its due date.
PAYMENT TERMS - For Buyers with established credit, terms are net thirty (30) days from date of shipment. If credit is not established, please include payment with order or purchase through Visa, MasterCard or American Express. All payments must be in Canadian dollars. Concept Controls shall have the right to set-off and deduct for any sums owed. If Buyer fails to make payment within thirty (30) days, Concept Controls may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order. Product invoices are issued upon shipment from the manufacture or at the start of service. Concept Controls Inc. has the right to charge a late payment charge of 1.5% of the outstanding balance per month for each month, or partial month, any invoice remains unpaid beyond its due date.
CREDIT BALANCE - Buyer agrees that any credit balance issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation, and Concept Controls shall have no further liability.
Product Availability and Special Orders - Products are subject to availability at time of order. Some special order items as indicated in the catalogue must meet manufacturer's minimum order quantity requirements at time of order, and may require additional shipping time.
Order for Export by Buyer - Concept Controls Inc. policy is to offer Products only for delivery, use and resale within Canada. Buyer shall immediately notify Concept Controls in writing if any order for Product is intended for export from Canada. CONCEPT CONTROLS INC. has discretion as to accept or reject such orders. In any event, Buyer acknowledges that CONCEPT CONTROLS INC. is prevented under contract from selling Products for delivery in the United States, Mexico, the Caribbean, Panama, the Persian Gulf region, the People’s Republic of China, the United Arab Emirates, Saudi Arabia, India or Japan. Buyer represents that it shall not export Products purchased from CONCEPT CONTROLS INC. to such countries.
Where Products purchased from CONCEPT CONTROLS INC. are to be exported, Buyer assumes sole responsibility for arranging the export of the Products from Canada and their importation into other countries and shall at all times comply with all applicable laws in relation thereto, including but not limited to export control laws, rules and regulations of Canada. CONCEPT CONTROLS INC. will not be the exporter under any circumstances. Buyer shall not export Product purchased from CONCEPT CONTROLS INC. without first obtaining all necessary written consents, permits and authorizations and completing such formalities as may be required by any such laws, rules and regulations. Buyer further represents and warrants that it will not export or divert Products to any country or to any person to which or to whom export from Canada is prohibited under applicable laws, rules and regulations.
Force Majeure - Concept Controls Inc. shall not be liable for any damage, cost or loss of profit of Buyer or any delay or failure in delivery or for any failure to perform caused by a force beyond its control, including, but not limited to, an act of God, action or failure to act of any government or governmental board, commission, department, bureau or authority, confiscation, war, blockade, insurrection, invasion, quarantine restrictions, riot, sabotage, acts of the public enemy, flood, fire, explosion, epidemic, landslide, lightning, earthquake, storm, accident, strike, lockout, work slowdown, work stoppage, differences with workers, embargo, power failure or shortage and any delay or failure of supplies, equipment, labor or transportation.
Freight Policy - Freight is F.O.B. shipping point. Concept Controls Inc. reserves the right to charge freight and handling fees, including, without limitation, fees for small orders, rural and/or rush deliveries or special handling.
Title and Risk of Loss - Title and Risk of Loss in the Products pass to Buyer at the time of shipment from Concept Controls. If Product is damaged in transit, Buyer must file a claim with the carrier. If Products are undeliverable for 2 days, carrier will return them to Concept Controls and additional charges may apply.
Return Policy - Any cancellation or return must be approved by Concept Controls Inc.(in its discretion), be accompanied by proof of purchase, and may be subject to restocking and other charges. Any returns due to shipping errors, damage or loss must be reported to Concept Controls immediately. For returns not related to damage or loss during shipping, Product must be returned within 30 days of shipment and be in original package and resalable condition. Returns can be made to any Concept Controls Inc. branch. Concept Controls will only accept returns on Products shown in this catalogue (unless for damage during shipping). Some exceptions may apply.
Assignment - Buyer shall not assign any order or any interest therein without the written consent of Concept Controls Inc. and any such actual or attempted assignment shall entitle Concept Controls Inc.to cancel such order upon notice to Buyer.
Modification of Terms - No addition to or modification of terms and conditions shall be binding on Concept Controls unless agreed to by Concept Controls Inc.in writing, and Concept Controls acceptance of any order shall not be construed as assent to any additional terms and conditions.