1. PRICES AND TERMS OF PAYMENT
Prices and discounts are subject to change without notice. Purchase Orders will be accepted on the basis that the prices applying to them will be those in effect on receipt of Purchase Order. Federal and Provincial taxes are additional if APPLICABLE. AD Engraving (The Company) reserves the right to adjust prices on any Purchase Order for any alterations or changes authorized by the customer subsequent to our acceptance of the Purchase Order. Payments should be made directly to AD Engraving at 1-14 Connie Cres., Concord, ON L4K 2W8.
2. OVERDUE ACCOUNTS
Interest of 2% per month (24% annum) will be charged on overdue accounts. No holdback of payment will be allowed unless specifically agreed in writing by AD Engraving.
All quotations are in accordance with our interpretation of plans and specifications and only the materials shown on our quotations are included. Quotations are subject to all existing or future limitations and regulations issued by any government agency. In the event that a quotation is not accepted in its entirety, AD Engraving reserves the right to decline any part of the work based on such quotation. All stenographic, clerical or other errors are subject to correction.
4. SHIPPING TERMS
Shipping terms are FOB point of shipment with freight prepaid and charged. Without specific instructions, the method and route of shipment is determined by AD Engraving. No responsibility will be taken for obtaining the least expensive method of transport.
5. LOSS OR DAMAGE IN TRANSIT
AD Engraving does not hold itself responsible for any loss, damage or breakage sustained in transit. Claims of such character should be made, by the customer, promptly against the carrier.
AD Engraving reserves the right to make delivery of equipment as fabrication is completed. Deliveries delayed to accommodate the customer will be invoiced upon completion of fabrication and additional charges for warehousing, trucking and other incidental expenses created by the delay will be at the expense of customer. Delivery is dependent upon receipt of all specifications, final approved prints and any other details essential to the proper execution of the Purchase Order.
7. LIABILITY CLAUSE
AD Engraving will not be liable for any delay in the performance or completion of any Purchase Orders or contracts or in the delivery of such goods by reason of such delay when such delay is directly or indirectly caused by fire, floods, accidents, riots, acts of God, war, invasion by the Queen’s enemies, sabotage and governmental interference or embargoes, strike, labor difficulties, shortage of labor, fuel, power, materials or supplies or any other cause of causes being AD Engraving’s reasonable control. Notwithstanding any other provision in this contract, or any applicable provisions, neither AD Engraving nor the customer is liable to the other for special or consequential damage or damages for loss of use arising directly or indirectly from this contract. In no event shall the liability for any damages or loss exceed the repairs or replacement as herein provided. AD Engraving will not be held liable for not meeting any Pre-Start Health and Safety Review standards or any other future limitations and regulations issued by any government agency unless otherwise stated in writing.
8. TITLE AND LIEN RIGHTS
The title to property in and ownership of the goods or any part thereof shall remain in AD Engraving until all payments due have been fully received, cashed, except as otherwise be expressly agreed in writing. The said goods shall be and remain personal property, notwithstanding its mode of attachment to realty or other property. If default is made in any of the payments herein, AD Engraving may retain any partial payments which have been made as liquidated damages, and AD Engraving shall be entitled to the immediate possession of the goods and shall be free to enter the premises where the goods may be located and remove them as AD Engraving property, without prejudice to AD Engraving's right to recover any further expenses or damages AD Engraving may suffer by reason of such non-payment. Notwithstanding the terms hereof, risk will pass to the customer at point of delivery of the goods.
AD Engraving warrants all goods and/or equipment to be free from defective material and/or workmanship and to conform to the tolerance and values given by customer and/or suppliers. All deficiencies are to be communicated to AD Engraving in writing within one week after delivery. AD Engraving assumes no responsibility for any complaints that do not arrive in the above specified time period. Product manufacturer warranty applies from the date of delivery from its facility to the customer and under circumstances where a complaint is justified, AD Engraving has the right in its discretion to choose any of the following:
a) Repair/correct the defect; and/or
b) Provide the customer, without cost, with a replacement in an appropriate time period.
AD Engraving does not assume responsibility for unauthorized repairs to the goods or equipment or apparatus even though defective, or damage, resulting from such repairs and in no case shall its responsibility extend to the equipment and/or goods and/or apparatus, other than of its own manufacture. AD Engraving assumes no responsibility for damage to equipment or apparatus through improper storage or handling, or improper installation, or through attempts to operate it, or its operation outside the range of its rated capacity, whether such operation is intentional or otherwise.
10. SAFETY REGULATIONS
Any safety devices, guarding or fencing required to meet federal, state, provincial, local, customer’s company regulations or any government agency are the responsibility of the customer including the installation, set-up and safe operation of all AD Engraving equipment unless otherwise stated in writing by AD Engraving.
11. ACCEPTANCE OF PURCHASE ORDERS
All Purchase Orders are subject to final acceptance by AD Engraving and are subject to AD Engraving’s terms and conditions in effect at the time the Purchase Order was issued.
Any Purchase Orders issued to AD Engraving can be cancelled by the customer only upon receipt of written consent and then only upon terms that will compensate AD Engraving for engineering and fabrication charges and any other expenses and commitments incurred by AD Engraving.
13. PENALTY CLAUSES
AD Engraving will not accept any liability for penalty clauses of any kind, written or implied, unless specifically approved in writing by AD Engraving.
14. CONTRACT AGREEMENT
Terms and Conditions of Sale applicable are the company’s terms and conditions. AD Engraving will not recognize conflicting customer’s terms and conditions unless specifically agreed to in writing by AD Engraving. Any amount owing becomes due and payable immediately in case of change of ownership, attachment, or execution against the customer/purchaser or its representatives and/or executives and/or successors, unless AD Engraving otherwise agrees.