1. This tender and/or invoice or subsequent contract referred to herein shall be constituted in accordance with and by the laws of the Province of Ontario. Any party which accepts this tender agrees to be or bound by the following terms and conditions.
2. Unless this tender is withdrawn in writing by Dupar Controls Inc. (hereinafter referred to as “Dupar”) prior to the tender being accepted, this tender will remain open for acceptance for 30 clear days from the date hereof. If this tender is not accepted within this 30 day period, the tender will be automatically rescinded and rendered null and void.
3. The acceptance of this tender must be accompanied by sufficient information to enable Dupar to proceed with the order forthwith; if insufficient information is provided to Dupar, as determined by Dupar, so that Dupar is put to additional expense in its efforts to fulfil the tender or Dupar is required to temporarily suspend its work pending further information, then Dupar may increase the tender price to cover reasonable costs incurred thereby.
4. Unless otherwise specified in writing, packing in accordance with Dupar’s standard practice is included in the tender price.
5. Shipping promises are approximate only, and are based on prompt receipt by Dupar of all necessary information. Dupar will use its best efforts to ship on the date given but Dupar shall not in any circumstances be under any liability whatsoever to any party for any loss or damage arising directly or indirectly from Dupar’s failure to deliver the goods on the date acknowledged.
6. It is understood that you shall arrange to take delivery of the goods with a period of (14) days after Dupar had notified you that the goods are ready for shipment. In the event you do not take delivery of the goods within this stipulated (14) day period, Dupar is prepared, without prejudice to any other rights which it may have with respect to the tender contract, and if its storage facilities permit, to store the goods and to charge you for reasonable storage costs incurred; Dupar also reserves its right to increase the tender price to reflect reasonable storage costs.
7. All claims for shortages or incorrect material must be made within ten (10) days of receipt of goods, to which such claim pertains. Goods may only be returned for credit in accordance with the authorization and approved RA Number, previously obtained from Dupar and shall be subject to handling charges to be determined by Dupar. Returns must be made within thirty (30) days of the date of any such authorization. Goods that are special in any way are shipped without the privilege of return.
8. All apparatus shall by installed by you at your expense.
9. Dupar warrants that the goods to be delivered will be of the kind and quality described in the specifications and no other warranty, except as to title shall by implied. If any defect in the material or workmanship appears within one year from the date of shipment, which defect is a result of Dupar’s manufacturing of the product and which is not caused by the acts or negligence of the buyer or any other intermediary party, Dupar is prepared to correct the defect by repairing the defective part or parts thereof or by supplying a replacement thereof; provided always that such defective parts are promptly returned to us C.I.F. to be paid by you to our factory. The repaired or new parts will be returned to you F.O.B. the nearest rail or transport freight station so that risk passes to you upon our delivery to the shipper and it will be your obligation to insure the repaired or new parts after Dupar has delivered same to the shipper. Dupar’s liability as suppliers of the material or goods shall not in any case exceed the cost of correcting the defects in the apparatus and upon expiration of the said one year, all such liability shall terminate.
10. Dupar shall not be liable for any loss or damage resulting from causes beyond its reasonable control and in no event whatsoever shall Dupar be liable for consequential damages resulting in personal injuries, property damage or economic loss to any party.
11. All orders are subject to the approval of Dupar with respect to credit. Dupar reserves the right to require remittance for full purchase price before shipment or delivery or before manufacture in the case of merchandise to be made to special.
12. Orders entered upon the records of Dupar cannot be cancelled without the express written consent of Dupar and cancellation charges may apply, depending on the extent of work performed and materials used and/or ordered.
13. Unless specifically stated the purchase price does not include any taxes or freight charges.
14. The amounts of taxes or other government charges upon the production, sale and /or shipment of the goods referred to herein, whether imposed now or herein after, shall be paid by the customer.
15. Dupar shall not be deemed to have breached or violated the contract of sale for any of the goods referred to in the quotation when such alleged breach of violation arise out of and cause beyond the control of Dupar, including among other, any act of God or the public enemy, perils of the sea, flood, fire, war, riot, sabotage, compliance with any direction of any government official or agency, strike or other labour dispute involving Dupar employees, shortage or failure of any supplies or material.
NO WAIVER, ALTERATION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OR DUPAR ACTING WITHIN HIS OR HER AUTHORITY.
