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TERMS AND CONDITIONS
DBC MARINE SAFETY SYSTEMS LTD.
1689 Cliveden Avenue, DELTA, BC V3M 6V5 Canada,
Tel:604-278-3221 FAX :604-278-7812
WE RESERVE THE RIGHT TO CHANGE OUR TERMS AND CONDITIONS OF SALE AT ANY TIME WITHOUT PRIOR NOTICE. THE TERMS AND CONDITIONS OF SALE IN EFFECT AT THE TIME WE ACCEPT ANY ORDER SHALL CONTROL. THE TERMS AND CONDITIONS OF SALE BELOW WERE CURRENT AS OF THE DATE OF PRINTING, BUT MAY CHANGE AT ANY TIME.
The following terms and conditions shall apply to all products sold by DBC Marine Safety Systems Ltd. (Seller ). By submitting an order for products, the ordering party (the Purchaser) shall be deemed to have agreed to these terms and conditions. Seller does not accept any deviations from these terms. Any additional or different terms in any purchase orders or other document submitted by a Purchaser shall be of no force or effect and are hereby expressly rejected. If any additional or different terms or conditions are included in a Purchasers order, Seller may choose to fulfill the order, but the additional or different terms and conditions will not apply or be deemed accepted by Seller. In all cases of conflict between these terms and conditions and the requirements of any Purchasers order, these terms and conditions shall prevail. No order shall be binding on Seller unless and until accepted by Seller.
PRICES: The prices applicable to orders for Seller products will be current prices effective on the date Purchaser's order is received by Seller. Prices, discounts, quotations and specifications are subject to change without notice
CREDIT PRICE: Upon approval of Purchaser's credit, payment shall be made within 30 days from the date of the Invoice (Net 30 days).Seller reserves the right, at any time, to revoke any credit extended to Purchaser because of Purchaser's failure to pay for any products or, for any other reason deemed good and sufficient by Seller.
PRICE DIFFERENTIAL: If payment is not received by Seller in accordance with the above stated credit price, all amounts which are due and payable to Seller in accordance with the terms of the contract shall be paid in conformance with the deferred payment price which is the net credit price plus 2 % per month on the unpaid, balance before any payments and/or credits (24% per year annual percentage rate) for a maximum of 90 days. If the full amount has not been received pursuant to the above methods of payment within 90 days, Seller will thereafter begin collection proceedings.
ATTORNEY FEES: In the event Seller finds it necessary to begin collection proceedings, Seller shall be allowed by the court to recover as part of judgment a sum equal to not only the Time Price Differential or Deferred Payment Price sold, but also the aggregate amount of costs and expenses, Including but not limited to collection agency fees, court costs, investigative costs and attorney fees for actual time expended as well as other costs determined by the court to have been reasonably incurred by Seller and in connection with the collection, commencement and prosecution of such action.
TAXES: All prices are exclusive of Provincial and local taxes. Such taxes, when applicable to the merchandise sold, will appear as a separate additional item on the invoice and shall be paid by Purchaser unless Seller receives a properly executed exemption certificate from Purchaser prior to shipment.
TRANSPORTATION: All transportation charges will be borne by Purchaser including reasonable handling charges, EXW. Seller. Transportation will normally follow Purchaser's instructions, but Seller reserves the right to ship products Collect and to select the means of transportation and routing when Purchaser's instructions are deemed unsuitable.
EXCUSABLE DELAYS AND DAMAGES: Seller shall make all reasonable efforts to comply with Purchaser's requested shipping date and other requirements of the purchase order, however, Seller shall not be liable in any way because of any delay in performance of orders or contracts or in the delivery or shipment of products or for any damages suffered by the Purchaser by reason of such delay when such delay is directly or indirectly caused by or in any manner arises from fire, flood, accident, riot, acts of God, war, governmental interference or embargos, strikes, labour difficulties, shortage of labour, fuel, power materials, or supplies, transportation delays, or any other cause or causes beyond its control. In no event shall Seller be liable for incidental, consequential, special damages, or penalties resulting from Seller performance or non-performance under an order for the sale of Seller products.
SHIPMENT IN LOTS: Seller shall have the right to deliver all of the goods at one time or in portions from time to time within the lime for delivery as requested, but extended by any excusable delays as herein provided.
WARRANTY: Seller warrants that all products delivered hereunder are free from defects in material and workmanship, as stated in the Limited Warranty which is incorporated herein as though fully set forth at length. ALL CLAIMS FOR DAMAGES,ERRORS OR SHORTAGES MUST BE MADE BY THE Purchaser IN WRITING WITHIN A PERIOD OF FIVE (5) BUSINESS DAYS FROM THE DATE OF DELIVERY OF THE PRODUCTS. Failure to make such a claim within the stated period shall constitute an irrevocable acceptance of the products and an admission that they fully comply with all the Purchaser's terms, conditions and specifications.
RETURNS: Once Purchaser has made a written claim in accordance with the foregoing, Seller will either repair or replace the product upon return of the product(s) in accordance with Sellers Return Policy. Returned goods will not be accepted without prior written approval. A RMA form (Return Material Authorization form) needs to be filed before sending any returned goods. Seller shall adjust the matter fairly and promptly, but under no circumstances shall Seller be liable to Purchaser or Purchaser's customers for any incidental or consequential damages, or loss of use, or other commercial loss, however occasioned. Prior to any return of merchandise the Purchaser agrees to obtain from Seller an authorization number in conformance with said Return Policy. To obtain said number it will be necessary for the Purchaser to identify the product s Serial Number, the Net Cost, and show the Invoice Number and date of purchase. On all returned products not under warranty there will be a handling charge. In conjunction with special orders and returns there from an additional and different charge will be applicable. Seller will inspect all returns and not issue credits or only partial credits if accessories to products are not also returned. Seller incurs freight charges, the product(s) are out at warranty, any product(s) are out of warranty, any products obviously abused, misused, etc., as outlined in the Limited Warranty.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, INCLUDING THOSE DOCUMENTS INCORPORATED HEREIN BY REFERENCE.
SOLVENCY: Purchaser represents by submitting an order for a product that he is not insolvent. In the event that the Purchaser becomes insolvent before delivery of the goods, he will notify Seller. A failure to notify Seller shall be construed as reaffirmation of Purchaser's solvency at the time of delivery.
WAIVER: No waiver of any default shall be implied from any omission by Seller to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver, and then only for the time and to the extent therein stated. One or more waivers of any terms and conditions of this agreement shall not be construed as a waiver of a subsequent breach of the same term(s) or condition(s).
POLICY AND PROCEDURES: The Purchaser acknowledges receipt of a copy of the Return Policy (RMA) and Limited Warranty from Seller and agrees to abide by its terms and conditions, which are hereby incorporated herein by reference as though fully set forth at length.
APPLICABLE LAW: This agreement shall be construed in accordance with the laws of the Province of B.C. If any provisions herein are in conflict with any statute or rule of law of any jurisdiction wherein it may be sought to be enforced, then such provision shall be deemed null and void to the extent of any conflict, but without invalidating the remaining provisions hereof.
TITLE TO PRODUCTS: Title to each product shall pass to Purchaser only upon the full payment, but risk of loss shall pass upon delivery by Seller to the shipping carrier (regardless of whether payment has been made).
USE OF PRODUCTS: Purchaser shall use, sell, display, and market the products in accordance with the documentation supplied with the products and all applicable laws, licenses and other restrictions. Purchaser shall not remove or modify any trademark, patent or other notices of Seller or any of its third party vendors from products, or any documentation supplied therewith. In addition, Purchaser may not, without Seller s prior written consent, add any trademark, patent or other notices to the products.
LIMITATION OF LIABILITY: Under no circumstance shall Sellers liability in respect of any products (whether arising in contract, tort ã including negligence and strict liability, or under any other legal theory) exceed the purchase price actually paid to Seller therefore.
EXCLUSION OF CERTAIN DAMAGES : IN NO EVENT SHALL SELLER OR ITS AFFILIATES BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, DAMAGE TO OTHER PROPERTY, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE PURCHASE, SALE, DISTRIBUTION OR USE OF ANY PRODUCTS EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some provinces do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation may not apply.
ALL CLAIMS FOR SHORTAGE OR DAMAGE MUST BE FILED BY CUSTOMER WITH DELIVERING CARRIER NO RETURNED GOODS WILL BE ACCEPTED BY US WITHOUT WRITTEN PERMISSION INTEREST OF 2 % PER MONTH (24% PER ANNUM) WILL BE CHARGED ON PAST DUE ACCOUNTS.
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