A. Acceptance of orders
All requests are subject to the final acceptance by LD Industry and/or its divisions, according to conditions prevailing at time of delivery. LD Industry and/or its divisions will not respect any incompatible conditions, except in the case of a written agreement between the parties concerned. Unless a different mode of payment has been stipulated in writing, all sums are immediately payable in case of change in property, lien or legal pursuit against the buyer or their representatives.
B. Price
Except for arrangements to the contrary, all orders will be accepted on the principle that all applicable prices will be those prevailing at the time of order. When applicable, federal and provincial sales taxes will be additional. LD Industry inc. and all its divisions reserve the right to modify the price of products if the buyer has requested changes after his order has been accepted by LD Industry and/or its divisions.
C. Guarantee
Excluding indications to the contrary, all pieces of equipment are guaranteed only according the manfucaturer’s policy. LD Industry and/or its divisions do not assume any responsibility as to any modification or assembly carried out at the customer’s request. LD Industry and/or its divisions will not be held responsible for non-authorized repairs, or damages caused by such repairs, even in the case of defective equipment. In no case can the responsibility of LD Industry and/or its divisions be extended to material or equipment from another manufacturer.
LD Industry and/or its divisions are not, in any way, responsible for damages caused by faulty assembly techniques, attempts to operate equipment or service conditions not respecting the nominal power of the equipment or component, these faulty conditions being intentionally imposed or otherwise.
LD Industry and/or its divisions offer no other formal or implicit guarantee, of any nature, and exclude from the present sales conditions any and all guarantees as to commercial quality and/or specific convenience.
In all cases, the salesmen’s responsibility will be limited to the price of merchandise; salesmen will not be held responsible by contract or otherwise for direct, indirect or particular damages resulting from delay or failure in delivery, or for raw material or manufacturing defects, or for breach of his obligations, as stipulated in the present document.
D. Returned merchandises
The buyer may return merchandise to LD Industry and/or its divisions under the condition of obtaining their prior authorization.. Merchandise returned without authorizaton will not be accepted. In addition to transportation costs, expenses for restocking could be charged to buyers who send back merchandise to LD Industry and/or its divisions. Merchandise will be credited to its full value when the return is made necessary due to errors imputable to LD Industry and/or its divisions.
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E. Delivery
The price of merchandise is F.O.B. from the point of departure. Buyers become owners from the moment of expedition. In the absence of directives, merchandises will be expedited through the means judged most appropriate by LD Industry and/or its divisions. Unless a different agreement has been made, LD Industry and/or its divisions réserve the right to deliver mechandises as orders are completed. Merchandises which delivery is delayed to accomodate the buyer will be subject to additional storing charges; other related costs due to delayed delivery will be the responsibility of the buyer.
F. Responsibility for delivery
LD Industry and/or its divisions will not be held responsible for any delay in delivery or filling orders or contracts, or for any damage suffered by the buyer due to such delay, be it directly or indirectly caused by LD Industry and/or its divisions.
G. Loss or damage during transportation
LD Industry and/or its divisions do not assume any responsibility as to loss, damage or theft during transportation. Requests for compensation for such disasters must be notified by the buyer to the transportation company within the shortest possible delay.
H. Unpaid accounts
An interest of 1.5 % per month will be applicable to unpaid accounts. Should it become necessary to refer the account to a collection agency or lawyer, in case of failure of payment, the customer will also have to pay an additional 20 % charge, plus interests, on the unpaid balance.
I. Normal payment conditions
Payment conditions for customers with a credit margin approved by LD Industry and/or its divisions are net 30 days, after date of delivery.
J. Payment deductions
LD Industry and/or its divisions do not accept payment deductions, except in the case of a written agreement between the parties.
K. Cancellations
The buyer may cancel any order to LD Industry and/or its divisions as long as a written agreement has been made to this effect. The buyer also accepts to pay LD Industry and/or its divisions for the cost of research and/or fabrication and all other related expenses and agreements.
L. Compensation clause
LD Industry and/or its divisions will not accept any written or implicit compensation clause, of any nature, unless formally appproved in writing by one of their representatives.
M.
Any and all merchandises bought from LD Industry and/or its divisions remain their property until total payment has been received. |
