THESE TERMS AND CONDITIONS ARE TO BE READ TOGETHER WITH
THE APPLICABLE AÉROCHEM INC.’s, QUOTE OR INVOICE.
The following terms and conditions govern sales of AÉROCHEM
INC., a Canadian company who is specializes in SALE AND
DISTRIBUTION OF CHEMICAL AND LUBRICANT PRODUCTS for industrial
use. By accepting delivery of the Products described on
AÉROCHEM INC.’s quote or invoice, Customer agrees
to be bound by and accepts these terms and conditions.
1. Additional or altered conditions.
Any attempt by Customer to alter, supplement or amend
the Terms or to enter into an order for Product(s) that
is subject to additional or altered terms and conditions
will be null and void, unless otherwise agreed to in a
written agreement signed by both Customer and AÉROCHEM
INC.. AÉROCHEM INC. may change the Terms as they
relate to future sales or deliveries at any time without
prior notice.
2. Governing Law.
The Terms and all related transactions will be governed
by the laws of the Province of Quebec and the applicable
laws of Canada. The parties hereby agree to the nonexclusive
jurisdiction of the courts of the Province of Quebec.
3. Payment Terms; Orders; Quotes; Interest.
Credit
terms are within AÉROCHEM INC. sole discretion,
and unless otherwise specified in AÉROCHEM INC.'s
invoice, payment must be received by AÉROCHEM INC.
prior to AÉROCHEM INC.'s acceptance of an order.
Payment for the Products will be made by credit card,
or some other pre-arranged payment method. If credit terms
have been agreed to by AÉROCHEM INC., invoices
are due and payable within thirty (30) days after the
date of the invoice. AÉROCHEM INC. may invoice
parts of an order separately. Orders are not binding upon
AÉROCHEM INC. until accepted by AÉROCHEM
INC.. Any Quotes given by AÉROCHEM INC. will only
be valid for the period stated on the Quote. Customer
agrees to pay interest on all amounts past due at a rate
of 1.5% per month (18.0% per year).
4. Shipping Charges; Taxes.
Separate charges for
shipping and handling will be shown on AÉROCHEM
INC.'s invoice(s). Unless Customer provides AÉROCHEM
INC. with a valid and correct tax exemption certificate
applicable to the product ship to location prior to AÉROCHEM
INC.'s acceptance of the order, the Customer is responsible
for goods and services tax, sales and all other taxes
associated with the order, however designated, except
taxes on AÉROCHEM INC.'s net income. If applicable,
a separate charge for taxes will be shown on AÉROCHEM
INC.'s invoice.
5. Warranties.
THE WARRANTIES APPLICABLE TO AÉROCHEM
INC.-BRANDED PRODUCTS ARE FOR A LIMITED TIME.
6. Return Policies.
No stock can be returned without authorization of
our sales manager. Customers who buy hardware Products
directly from AÉROCHEM INC. may return them to
AÉROCHEM INC. up to thirty (30) days after you
receive them for a refund of the Product purchase price
if already paid. In either case, you must prepay return
shipping charges and insure the shipment or accept the
risk of loss or damage during shipment and the refund
credit will not include any shipping and handling charges
shown on your invoice, and will be subject to a 15% restocking
fee, unless otherwise prohibited by law.
7. Products.
AÉROCHEM INC.'s policy is one of ongoing product
update and revision. AÉROCHEM INC. may revise and
discontinue Products at any time without prior notice.
AÉROCHEM INC. will ship Products that have the
functionality and performance of the Products ordered
but Customer agrees that changes between what is shipped
and what is described in a specification sheet or catalogue
can occur.
8. Limitation of liability.
The information contained
on the website is based on data from sources considered
reliable but AÉROCHEM INC. does not guarantee the
accuracy or completeness thereof. The information is provided
as a service to persons purchasing or using the materials
to which it refers and AÉROCHEM INC. expressly
disclaims all liability for loss, damage, including consequential
loss or injury to persons (including death) arising directly
or indirectly from reliance upon the information or use
of the materials.
9. Applicable Law; Not For Resale.
Customer agrees
to comply with all applicable laws and regulations of
Canada and its provinces. Customer agrees and represents
that it is buying for its own internal use only, and not
for resale. AÉROCHEM INC. has separate terms and
conditions governing resellers.
10. Exports.
The Customer acknowledges that the Products licensed
or sold hereunder are subject to, and Customer agrees
to comply with the export control laws and regulations
of Canada.
