General Terms and Conditions of Sale
The following terms and conditions of sale shall apply to any sale of goods and services by Snow Retention Warehouse. Purchaser shall be deemed to have full knowledge of the terms and conditions herein and such terms and conditions shall be binding if either the goods and services referred to herein are delivered to and accepted by Purchaser, or if Purchaser does not within five days from the date hereof deliver to Snow Retention Warehouse written objection to said terms and conditions or any part thereof.
In the event of any conflict or inconsistency between the terms and conditions of sale herein and the terms and conditions contained in Purchaser's order or in any other form issued by Purchaser, whether or not any such form has been acknowledged or accepted by Snow Retention Warehouse, Snow Retention Warehouse' terms and conditions herein shall prevail. No waiver, alteration or modification of these terms and conditions shall be binding upon Snow Retention Warehouse unless made in writing and signed by a duly authorized representative of upon Snow Retention Warehouse.
All estimated prices are based on the current exchange rates, tariffs and costs of manufacture. Unless otherwise stated in the estimate, estimated prices are subject to change by Snow Retention Warehouse with or without notice until Purchaser's acceptance. Prices are subject to correction for error. Unless otherwise stated, all prices are f.o.b. factory and include domestic packing. Customary methods of transportation shall be selected by Snow Retention Warehouse and such transportation will be at Purchaser's expense. Special methods of transportation will be used upon Purchaser's request and at Purchaser's additional expense provided reasonable notice of Purchaser's transportation requirements are given by Purchaser to Snow Retention Warehouse prior to shipment.
Prices include Goods & Services Tax, Provincial or Municipal sales, use, value-added or similar tax. Accordingly, in addition to the price specified herein, the amount of any present or future sales, use, value-added or similar tax applicable to the sale of the goods hereunder to or the use of such goods by Purchaser shall be paid by Purchaser to the entire exoneration of Snow Retention Warehouse.
Delivery schedules are approximate and are based on prevailing market conditions applicable respectively at the time of Snow Retention Warehouse' estimate and Snow Retention Warehouse' acceptance of Purchaser's order. Delivery shall also depend on the prompt receipt by Snow Retention Warehouse of the necessary information to allow maintenance of the manufacturer's engineering and manufacturing schedules. Snow Retention Warehouse may extend delivery schedules or may, at its option, cancel Purchaser's order in full or in part without liability other than to return any deposit or prepayment which is unearned by reason of the cancellation. Upon receipt of Purchaser’s Order Snow Retention Warehouse will deliver products to the Purchaser.
Snow Retention Warehouse shall not be responsible or liable for any loss or damage incurred by Purchaser herein resulting from causes beyond the reasonable control of Snow Retention Warehouse including, but without limitation, acts of God, war, invasion, insurrection, riot , the order of any civil or military authority, fire, flood, weather, acts of the elements, delays in transportation, unavailability of product or materials, breakdown, sabotage, lock-outs, strikes or labour disputes, faulty castings or forgings, or the failure of Snow Retention Warehouse' suppliers to meet their delivery promises. The acceptance of delivery of the product by Purchaser shall constitute a waiver of all claims for loss or damage due to any delay whatsoever.
Except for obligations stated under "Warranty" herein, Snow Retention Warehouse' responsibility for goods ceases upon delivery to the carrier. In the event of loss or damage during shipment, Purchaser's claim shall be against the carrier only. Snow Retention Warehouse will, however, give Purchaser any reasonable assistance to secure adjustment of Purchaser's claim against the carrier provided immediate notice of such claim is given by Purchaser to Sky Products. Claims for shortages must be made in writing within five (5) days after receipt of goods by Purchaser. If Snow Retention Warehouse does not receive written notification of such shortages within such five (5) days, it shall be conclusively presumed that the goods were delivered in their entirety. Unless agreed upon otherwise in writing, Snow Retention Warehouse reserves the right to make partial shipments and to submit invoices for partial shipments.
Snow Retention Warehouse shall not be liable for and shall be held harmless by Purchaser from any damage, losses or claims of whatever kind, contractual or delictual, consequential or incidental, direct or indirect, arising out of, in connection with or resulting from the sale governed hereby or the goods, including, but without limitation, the manufacture, repair, handling, installation, possession, use, operation or dismantling of the goods and any and all claims, actions, suits, and proceedings which may be instituted in respect to the foregoing.
Goods sold hereunder are covered by a warranty against defects in material and workmanship provided the goods and services are subjected to normal use and service. For components not supplied by Snow Retention Warehouse, the original manufacturer's warranty shall apply to the extent assignable by Snow Retention Warehouse. The obligation under this warranty is limited to the repair or replacement, at Snow Retention Warehouse' option, of defective parts f.o.b. point of shipment provided that prompt notice of any defect is given by Purchaser to Snow Retention Warehouse in writing within the applicable warranty period and that upon the Purchaser's return of the defective parts to Snow Retention Warehouse or, if designated by Snow Retention Warehouse, to the location where the works are made, properly packed and with transportation charges prepaid by Purchaser, an inspection thereof shall reveal to Snow Retention Warehouse' satisfaction that Purchaser's claim is valid under the terms of this warranty. Purchaser shall assume all responsibility and expense for dismantling, removal, re-installation and freight in connection with the foregoing. The same obligations and conditions extend to replacement parts furnished by Snow Retention Warehouse hereunder. Snow Retention Warehouse does not assume liability for installation, labour or consequential damages. Snow Retention Warehouse makes no warranty other than the one set forth herein. All other warranties, legal, expressed or implied, including but not limited to any expressed or implied warranty of merchantability, of fitness for the intended use thereof or against infringement are hereby expressly excluded.
The applicable warranty ceases to be effective if the goods are altered or repaired other than by persons authorized or approved by Snow Retention Warehouse to perform such work. Repairs or replacement deliveries do not interrupt or prolong the term of the warranty. The warranty ceases to be effective if Purchaser fails to operate and use the goods sold hereunder in a safe and reasonable manner and in accordance with any written instructions from the manufacturers.
Unless otherwise expressly stipulated, the goods shall be installed by and at the risk and expense of Purchaser. In the event that Snow Retention Warehouse is requested to supervise such installation, Snow Retention Warehouse' responsibility shall be limited to exercising that degree of skill customary in the trade in supervising installations of the same type. Purchaser shall remain responsible for all other aspects of the work including compliance with the local regulations.
No goods may be returned to Snow Retention Warehouse without Snow Retention Warehouse' prior written permission and return authorization number is required for all returns . Snow Retention Warehouse reserves the right to decline all returns or to accept them subject to a handling/restocking charge of 25% . Even after Snow Retention Warehouse has authorized the return of goods for credit, Snow Retention Warehouse reserves the right to adjust the amount of any credit given to Purchaser on return of the goods based on the conditions of the goods on arrival in Snow Retention Warehouse' warehouse. Credit for returned goods will be issued to Purchaser only where such goods are returned by Purchaser and not by any subsequent owner of the goods. Goods will be considered for return only if they are in their original condition and packaging.
Orders accepted by Snow Retention Warehouse are not subject to changes or cancellation by Purchaser, except with Snow Retention Warehouse' written consent. Once an order has been processed and shipped, the order is non-cancellable. You may elect to have the order processed as a return per our Return Policy..
At the request of the Purchaser and at the cost of the Purchaser, powder coating of products can be made available. It is the responsibility of the Purchaser to provide the RAL Colour number to Sky Products, Snow Retention Warehouse will not choose a colour that closely matches. All powder coated parts are non-refundable and cannot be returned. Completion of powder coating schedules are approximate and are based upon preparation of products and the capacity of the powder coater. Snow Retention Warehouse shall not be held liable and shall be held harmless by Purchaser or third party for any delays, defects resulting from powder coating.
Additional cost for any Powder Coating will be done on consultation before any order is placed, e-mail of phone call is required and sign off for cost and product colors will be required and enforced.
11. THE AGREEMENT
An acceptance and official confirmation of Purchaser's order by Snow Retention Warehouse shall constitute the complete agreement, subject to the terms and conditions of sale herein set forth, and shall supersede all previous estimates, orders or agreements. The law of the Province of Ontario shall govern the validity, interpretation and enforcement of these terms and conditions of sale and of any contract of which these terms and conditions are a part
When you visit Snow Retention Warehouse web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by phone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Snow Retention Warehouse will not use any of your information for any purpose other than to fulfill your order for Snow Retention Warehouse products and/or market research. Snow Retention Warehouse will not provide any of your information to anyone else for any purpose without your consent
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Snow Retention Warehouse reserves the right to refuse service.