PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Design Fabrication, a Canadian Corporation ("Design Fabrication", "our", “Desfab” or "we") that will be provided to you ("Customer") on orders for transit cases and/or other products and/or services and support sold in Canada. By accepting delivery of the case, other products and/or services and support described on the invoice, Customer agrees to be bound by and accepts these terms and conditions.
These terms and conditions apply unless the customer has signed a separate purchase agreement with Design Fabrication, in which case the separate agreement shall govern.
These terms and conditions are subject to change without prior written notice at any time, in Design Fabrication's sole discretion.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Design Fabrication, these terms and conditions may NOT be altered or amended by the use of any other document(s). Any attempt to alter or amend this document or to enter an order for product(s) or services and support that are subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Design Fabrication.
2. Governing Law. This agreement and any sales thereunder shall be deemed to have been made in the province of Ontario and shall be construed and interpreted according to the laws of the province of Ontario and the applicable laws of Canada.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Design Fabrication's sole discretion, and unless otherwise agreed to by Design Fabrication, payment must be received by us prior to our acceptance of an order. Payment for the products and services and support may be made by credit card, unless credit terms have been agreed to by us. If credit terms have been agreed to by Design Fabrication, invoices are due and payable within thirty (30) days after the date of the invoice. We may invoice parts of an order separately. Orders are not binding upon Design Fabrication until accepted by us. Any quotations given by us will be valid for the period stated on the quotation. Customer agrees to pay interest on all amounts past due at a rate of one and one half percent 1.5% per month (19.56% per year).
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides Design Fabrication with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Design Fabrication's acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on the invoice.
5. Title; Risk of Loss. Title to products passes from Design Fabrication to Customer on shipment from our facility. Loss or damage that occurs during shipping is our responsibility. Ship dates are estimates only. We are not liable for delays in shipment or failure to ship by the estimated ship date.
6. Warranties and Return Policies. Resale products (Nanuk, Armadillo, Explorer, Amazon, Middle Atlantic, Ergotron or others) carry the full manufacturer’s warranty. Please refer to the applicable manufacturers website for details on their warranty limitations. Custom products fabricated to Customers specifications carry a 30 day limited warranty and are not returnable.
7. Limitation of Liability. Design Fabrication (including Design Fabrication's parents, affiliates, officers, directors, employees or agents) does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, or the provision of services or support. Design Fabrication will not have any liability for any damages arising from the use of the products in any high risk activity, including, but not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, medical systems, life support or weapons systems. Design Fabrication will not be liable for lost profits, loss of business, or other incidental, indirect, consequential, special or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
Terms and Conditions
