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Terms & Conditions

CANSOLVEST Inc. Terms and Conditions of Sale

These Terms and Conditions May Change
CANSOLVEST Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice.

Governing Terms
All products and services offered for sale by CANSOLVEST Inc. ("CANSOLVEST Inc.") are sold subject to the terms and conditions stated herein. These terms and conditions shall apply to the sale of the products and/or services described in the CANSOLVEST Inc. Quotation, Sales Order, Invoice, or other contract documentation to which these terms and conditions are attached or incorporated by reference. Except as expressly agreed by an authorized representative of CANSOLVEST Inc. in writing, no other terms and conditions, including any terms and conditions attached to, or contained within, Buyer's request for quotation, acknowledgment, purchase order or other contract documentation shall apply. Buyer's acceptance of the products or services delivered by CANSOLVEST Inc. shall constitute an affirmation by Buyer that the terms and conditions set forth herein govern the purchase and sale of the goods or services. THE TERMS OF THIS CONTRACT SHALL SUPERSEDE ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS PROPOSED BY BUYER OR CONTAINED ON BUYER'S PURCHASE ORDER OR ANY DOCUMENT OR INSTRUMENT SUBMITTED BY BUYER.

Prices, Taxes and Payment

All prices are firm unless otherwise agreed to in writing. CANSOLVEST Inc. reserves the right to change the prices and specifications of its products at any time without notice. Any tax, duty, custom or other fee of any nature imposed upon this transaction by any federal, state or local governmental authority shall be paid by Buyer in addition to the price quoted or invoiced. In the event CANSOLVEST Inc. is required to prepay any such tax, Buyer will reimburse CANSOLVEST Inc. Payment terms shall be net at the time of order by Buyer.

 
Delivery and Shipment
CANSOLVEST Inc. will make every effort to ship the products or provide the services hereunder in accordance with the quoted delivery date, provided that CANSOLVEST Inc. accepts no liability for any losses or for general, special or consequential damages arising out of delays in delivery. All shipment costs are prepaid by CANSOLVEST Inc. at no charge to the Buyer.

Title
Title to the products shall remain with CANSOLVEST Inc. until the occurrence of the following events: a) when the point of origin of the shipment is within the country of destination, upon the shipment of the products from the CANSOLVEST Inc. facility; b) when the point of origin of the shipment is not within the country of destination, upon the arrival of the products at the Port of Entry of the destination country.

Risk of Loss
The risk of loss or damage to the products shall be assumed by Buyer upon the occurrence of the following events: a) when the point of origin of the shipment is within the country of destination, upon the shipment of the products from the CANSOLVEST Inc. facility; b) when the point of origin of the shipment is not within the country of destination, upon the arrival of the products at the Port of Entry of the destination country.

Inspection
Buyer shall be responsible for inspecting all products shipped hereunder prior to acceptance, provided, that if, Buyer shall not have given CANSOLVEST Inc. written notice of rejection within 3 days following order placement date with CANSOLVEST Inc., the products shall be deemed to have been accepted by Buyer.

Disclaimer of Express and Implied Warranties
The products shall be covered by the applicable manufacturer standard warranty. NO OTHER EXPRESS OR IMPLIED WARRANTY IS MADE WITH RESPECT TO THE PRODUCTS. CANSOLVEST INC. EXPRESSLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Any model or sample furnished to the Buyer is merely illustrative of the general type and quality of goods and does not represent that the products will conform to the model or sample. Buyer's remedies under manufacturer warranty shall be limited to repair or replacement of the product or component thereof which failed to conform to manufacturer warranty.

Returned Goods
All sales are final and no products shipped under this Contract shall be returned. 

Technical Advice
CANSOLVEST Inc. may, at Buyer's request, furnish technical assistance, advice and information with respect to the products, if and to the extent that such advice, assistance and information is conveniently available. It is expressly agreed that there is no obligation to provide such information which is provided without charge at the Buyer's risk, and which is provided subject to the disclaimers set forth in paragraph 8 above.

Agents, etc.
No agent, employee or other representative has the right to modify or expand manufacturer' standard warranty applicable to the product(s) or to make any representations as to the product(s) other than those set forth in manufacturer' product literature and any such affirmation, representation or warranty, if made, should not be relied upon by Buyer and shall not form a part of this Contract.

Modifications, Waiver, Termination
This Contract may be modified, and any breach hereunder may be waived, only by a writing signed by the party against whom enforcement thereof is sought.

Governing Law
This Contract shall be governed by and construed in accordance with the laws (other than those relating to conflict of laws questions) of the laws of Canada and the Province of Ontario.

Limitation of Liability
In no event shall CANSOLVEST Inc. (including its affiliates and subsidiaries) be liable for anticipated or lost profits or for special, punitive, indirect, incidental, or consequential damages. CANSOLVEST Inc.' total liability on any claim of any kind for any loss or damage whatsoever arising out of or in connection with or resulting from this Contract or from the performance or breach thereof shall in no case exceed the price allocable to the products or services or units thereof which gives rise to the claim.

Assignment
Buyer shall not assign its rights or its obligations under this Contract without the written consent of CANSOLVEST Inc.

Cancellation Prior to Shipment
In the event Buyer requests that an order for products or services which it has placed with CANSOLVEST Inc. be cancelled prior to shipment, and with which request CANSOLVEST Inc. agrees, Buyer shall be liable to CANSOLVEST Inc. for all costs incurred by CANSOLVEST Inc. as a result of such cancellation, including but not limited to, cancellation costs to suppliers and unreimbursed advances on goods, if any, together with any specifically identifiable incidental and consequential expenses.

Tool Ownership
All tools, dies, and patterns produced by or at the request of CANSOLVEST Inc., or otherwise utilized by CANSOLVEST Inc. in the production of any products sold to Buyer, shall remain the exclusive property of CANSOLVEST Inc. CANSOLVEST Inc. reserves the right to advertise and/or sell any of the foregoing items and any of its products produced therewith, unless otherwise specifically agreed to in writing by an authorized representative of CANSOLVEST Inc.

General Provisions
The failure of CANSOLVEST Inc. to enforce at any time any of the provisions of this Contract, to exercise any election or option provided herein, or to require at any time performance by Buyer of any of the provisions herewith shall in no way be construed to be a waiver of any such provisions, or the right of CANSOLVEST Inc. thereafter to enforce each and every such provision. This Contract contains the complete and exclusive statement of the agreement between the parties in connection with the subject products and/or services and supersedes any previous understandings, communications, commitments, or agreements, oral or written. Buyer warrants that it has not offered or given and will not offer or give to any employee, agent or representative of CANSOLVEST Inc. any gratuity with a view toward influencing such person with respect to the terms, conditions or performance of this Contract or any contracts with CANSOLVEST Inc.. CANSOLVEST Inc. and Buyer are independent contractors; neither is an agent or employee of the other or has any authority to assume or create any obligation or liability of any kind on behalf of the other. Any provision of this Contract that is invalid or unenforceable under applicable laws with respect to a particular party or circumstance will be severed from this Contract with respect to such party or circumstance without invalidating the remainder of this Contract or the application of such provision to other persons or circumstances. The headings used in this Contract have no legal effect.