Terms and Conditions

TERMS AND CONDITIONS OF SALE
“Company” refers to Viking Pump of Canada Inc.

1. This agreement shall contain the terms and conditions enumerated herein below to the exclusion of all others, including but not limited to any terms and conditions contained in any of the purchaser’s documents.

2. The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but the Agreement shall be construed as if the invalid provision has been omitted.

3. This Agreement shall be governed and construed in accordance with the laws of province in which the Company office is located where the order is placed.

4. QUOTATIONS: Unless otherwise stated in the quotation, all quotations are valid for thirty (30) days from their date.

5. TAXES: The amount of any Federal, Provincial, State, or local taxes or any similar tax applicable at the time of payment to the equipment sold hereunder shall be added to the purchase price and shall be paid by you in the same manner and with the same effect as if originally added hereto.

6. ORDERS: Based on quotations, are subject to acceptance by an officer of the Company when received and are subject to approval of the Purchasers credit by the Company. The Company reserves the right to refuse any order on a quotation containing an error.

7. TERMS OF CREDIT: In consideration for being granted credit, the Purchaser agrees to be bound by the Terms and Conditions herein, such Terms and Conditions shall supercede any other terms and conditions in any other document unless agreed to in writing by the parties.

8. PAYMENT TERMS: Payment terms are Cash, C.I.A., EFT, VISA, MASTERCARD, or 1%/10 Net 30 Days as shown on the face of the Invoice. Interest of 24% per annum will be charged on overdue accounts. No cash discounts are extended. Minimum Billing is $150.00. Payment will be in the currency noted on the face of the invoice.

9. F. C. A. POINT: Prices are INCOTERMS 2010 F.C.A. Windsor Plant; or INCOTERMS 2010 F.C.A. Branch Warehouse, or INCOTERMS 2010 F.C.A. Windsor Plant and Branch and are shown on the face of this invoice.  All freight from Windsor Plant to Branch location will be added to INCOTERMS 2010 F.C.A. Branch shipment invoices.

10. ROUTING: Unless otherwise specified by the purchaser, routing will be by the most economical carrier with routing optional by the Company at purchaser’s expense.

11. CANCELLATION OR CHANGES: In the event of a request to stop work or to cancel any part of an order that has been entered and upon which work has been done, purchaser agrees to pay the Company at it usual rates for all labor and costs incurred and materials purchased or worked by the Company for that order, less salvage value to the Company of the completed or partially completed goods. Similarly, purchaser agrees to reimburse the Company for extra costs due to any changes made by purchaser.

12. DELAYS: The Company is not liable for delays or defaults occasioned by drawing approvals, strikes, differences with workmen, fires, accidents, delays or defaults occasioned by the exercise of governmental authority or in obtaining materials or transportation, negligence of carriers, or for any cause unavoidable or beyond our control.

13. WARRANTY

14. DISCLAIMER: Any representation made with respect to performance are made in reliance on information supplied by the purchaser. Any variance between actual conditions in which the product operates, and the information supplied will result in the voiding of any representation. The parties agree that there is no representation condition, collateral agreement, or warranty affecting this agreement other than those expressly contained within.

15. GOODS DAMAGED IN TRANSIT OR SHORTAGE: Carrier’s Company’s receipt constitutes delivery after which the Company’s responsibility ceases. Claims for damage and/or shortage must be made on the carrier within five days upon receipt of goods.

16. RETURNED GOODS: Authority must be obtained from the Company’s head office before returning any equipment for credit.Returned equipment which Seller elects to accept for credit is subject to reasonable handling and restocking charges commensurate with the policy of the manufacturer plus all charges incurred by the Seller. Seller is not responsible for equipment that is returned without complying with the foregoing. All equipment returned must have transportation charges paid and will be accepted for credit only on the basis of invoiced prices. Products which are obsolete, used or made to special order are not accepted for credit.

17. In case of insolvency of the purchaser, Title for unpaid product goes back to the Company.