Terms and Conditions
FIBRECLEAN SUPPLIES LTD
TERMS AND CONDITIONS OF SALES
ENTIRE AGREEMENT: The present terms and conditions of sales shall
constitute the entire agreement between the parties hereto and no changes,
modifications, waiver, additions or amendments to them shall be binding on the
Seller unless specifically accepted by the Seller. None of Buyer terms and
conditions shall apply. Acceptance by the Seller of the Buyer purchase order
and/or payment made hereunder shall not constitute acceptance of any buyer terms
and conditions. These terms and conditions shall be applicable whether or not
they are attached to or enclosed with the products to be sold.
TITLE: Title to and interest in the products shall remain in the
Seller and the same shall not be pledged, mortgaged, hypothecated or otherwise
charged to any bank, trustee, corporation, firm or individual until the agreed
purchase price thereof is fully and finally paid in cash. The receipt from the
Buyer of promissory notes or other negotiable instruments shall not constitute
payment until such instruments are actually paid.
IN TRANSIT SHIPPING: The Buyer will pay to the Seller the full price
on all products. Loss or damage to products that occurs during shipment is
Buyer's responsibility. It is the Buyer's responsibility to file freight claims
with the carrier if loss or damage occurs. It is also up to the Buyer to buy
additional freight or shipping insurance if required.
DEFAULT: If the Buyer fails to fully pay the agreed price in cash, or
if a receiver shall be appointed for the Buyer or if the Buyer shall make an
assignment for the benefit of its creditors, or if a petition in bankruptcy
shall be filed by or against the Buyer then the entire sum remaining unpaid
shall be immediately due and payable and the Seller may enter with or without
legal process, and using such force as may be necessary, into or upon the
premises where said products may be located and repossess the same and
thereafter hold the same absolutely free from all claim of the Buyer and retain
all payments made by the Buyer, and the Buyer waives all claim and right of
action for trespass or damages by reason of such entry, taking possession and
removal thereof. Further, the Buyer waives all claim on right of receipt of
copies of the Financing Statement should it be necessary by the Seller to file
such a statement under the Personal Property Security Act with the provincial
Personal Property Registry.
PRICES: All published prices, terms and conditions are subject to
change without prior notice. All orders are subject to acceptance by the Seller
and subject to the Seller's ability to deliver with the understanding that prior
credit arrangements have been made.
TERMS AND CONDITIONS: If a charge account is provided for the Buyer,
Buyer agrees to make payment with the amounts set forth in the invoices and
price lists provided by Seller. Buyer agrees to pay interest on payments past
due at the rate of two percent per month and in case it becomes necessary for
Seller to retain the services of an attorney or agent to assist in the
collection of any amounts past due, to pay Seller reasonable attorney's or
agent's fees. Seller reserves the right to suspend or cancel credit extended to
Buyer at any time and without notice if, in the Seller's sole discretion,
Buyer's financial condition warrants such action. A $20.00 service charge will
be assessed in the event of an N.S.F. or returned cheque. Receipt of an N.S.F.
cheque will immediately change terms to C.O.D./Cash or Certified Cheque.
Unauthorized deductions from remittances are subject to charge back plus
interest, factoring charges and loss of term on account, until such time as
short payments and additional charges are paid.
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