The purchasing order from does not apply in any way to the contact between both parties unless Acier Picard agrees implicitely in written form to conditions stated on the purchasing order form.
1- The federal, provincial and municipal taxes will be those applicable at the time of expedition. Any changes in taxes at the time of expedition will be added to or subtracted from the total amount as the caserequires.
2- Any part on order not expedited due to lack of inventory or any other reason outside Acier Picard’s control will be kept on order delivered as soon as possible unless the customer is advised by the company that the order cannot be fulfilled at a later date.
3- The delivery dates indicated on the order form are based on existing conditions and are subject to change. The company will do everything possible to make delivery according to the delivery dates agreed upon. Acier Picard does not garantee delivery. The company will not be held responsible for any loss or damage of any kind caused by a delayer delivery no matter what the reason of such delay.
4- No returns will be accepted unless autorized beforehand and the company will in no way be obliged to accept unauthorized returns. An additional charge of 15% will be levied to the customer for any unauthorized returns to the company.
5- Complete instrictions for delivery must be stated on the customer’s purchasing order form. Acier Picard reserves the right to choose the mode of transport it seems most appropriate. Claims for merchandise damaged of lost on road by transport must be forwarded by the customer to the company.
6- Acier Picard guarantees that all products sold according to provisions stated herein are of quality market value. However, unless specifically stated herein, Acier Picard does not garantee nor stupilate that the merchandise sold is best suited to any specific use whatever unless directly stated or stipulated herein. All garantees expressed or tacit, be they statutory or other and all other conditions or reprensentations are specifically excluded unless stipulated or contained herein.
7- If a product supplied to the customer does not conform to the contact, the customer will promptly notify the Acier Picard company in written form. The buyer will keep the non-conforming product or merchandise on hand to allow inspection by Acier Picard. And Acier Picard’s responsibility will be limited to replacement of said product upon its return or if Acier Picard agrees, to a refound of the sale price minus the value of the scapped base materials. Acier Picard will in no way be held responsible for the added value costs resulting from a non-conforming product not for direct or indirect specific damages watever resulting from the fact that the product does not conform to contact stipulations.
8- Our net terms are 30 days. Administration charges will be levied after 30 days according to the rates indicted on the reverse side of the order form without further warning.
9- Orders are not liable to cancellation or modification either completely or in part without written consent of Acier Picard.
10- Unless otherwise stipulated, all sales are made F.O.B. from our plant. The products or merchandise described on the bill of sale or order form remain the property of Acier Picard. Until the sale price has been paid in full.
11- Acier Picard declines all responsability for any delay in production or delivery due to events such as strikes, fires, disturbances, material shortages, lack or manpower or other incidents beyong Acier Picard’s control.
12 All collection and account administratie fees will be charges of the curstomer.
13- For all legal purposes, contracing parties agree to take up residence in the judicial district of Québec.
14- The buyer waives the right to refusal or compensation unless a claims request be sent to Acier Picard within 8 days of the reception of merchandise. All claims for damages against Acier Picard will be limited to the price of the returned merchandise.
15- All prices are subject to change whitout prior notification.
16- If an account is in arrears or the financial situation of the buyer is judged to be unsatisfactory or weakened by Acier Picard. Acier Picard reserves the right to change the conditions of payment on all order balances not delivered. Acier Picard also reserves the right to impose service charges according to the rates and delays indicated on the front of the order form.
17- The « Salesperson » remains the absolute proprietor of the material sold and shipped to the « Customer », and this until all amounts due to the « Salesperson » have been integrally paid in cash by the « Customer ». Consequently, the « Customer » recognizes that the risk of loss or damage of the merchandise becomes his responbility following the expedition, the F.O.B. point determines the change of responsibility.
18- 18. In the event of a purchase order cancellation which involves fees for the supplier, a cancellation fee of 15% could be charged to the customer to cover inventory costs.
The french wording or test prevails over the English translation in case of dispute or ligItation between the parties.