FASTENERS AND FITTINGS TERMS & CONDITIONS
These terms and conditions of sale (these “Terms”), together with the order acknowledgement (the “Order Confirmation”) sent by Fasteners and Fittings Inc. (“Seller”), are the only terms which govern the sale of goods (“Goods”) by Seller to the purchaser of Goods (“Buyer”) set forth in the Order Confirmation. Terms and Conditions comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These terms prevail over any of the Buyers general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order on such terms. Fulfillment of Buyers order does not constitute acceptance of any of Buyers terms and conditions and does not serve to modify or amend these Terms. Upon Sellers issuance of an Order Confirmation, Buyers order cannot be cancelled. If Buyer cancels an order or refuses to accept shipment it shall be liable to promptly pay to Seller all amounts incurred by Seller as a result of such cancellation, including attorney fees and collection costs. Anyone ordering Goods from Seller on behalf of Buyer guarantees they are authorized to order and to enter into agreement with these Terms.
Pricing and Payment
a) The minimum single invoice or billing charge is $100.00 before Tax. Buyer will receive their invoice once the Goods have been shipped from our warehouse.
b) Buyer shall pay all invoiced amounts due to Seller within the payment terms specified in the Order Confirmation. Payment is accepted via check or electronic transfer. A 1.5% monthly interest rate charge will be applied to invoices outstanding over 60 days. There may be a delay in processing new orders as a result of past-due invoices. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including without limitations, attorneys’ fees.
c) All prices prior to quoting are subject to change at any time without notice. Sales taxes are not included in Sellers pricing. All quotes are valid for the time period specified in quote acknowledgement. Part numbers and descriptions are always available to the Buyer. Buyer is responsible to review order confirmation and cross reference for accuracy before placing an order. Buyer will take responsibility for any inaccurate information on approved orders.
Forms of PaymentFasteners & Fittings accept the following forms of payment: Cash, Cheque, EFT & Credit Card
Fasteners & Fittings will accept Credit Card payments under the following conditions:Fasteners & Fittings will accept the following credit cards (VISA & MasterCard) and will process the transaction immediately upon invoicing. Credit Cards can not be used to pay accounts that have terms setup.
Packaging and Shipping
a) All of the Seller’s
packaging is shipped standard in the options defined within the
list. Buyer is responsible for selecting the correct packaging. Once the order
is approved Buyer reserves all liability
regarding the packaging of Goods. Prices cannot be
altered due to
selection negligence. The quantities of an order can determine the kind of
packaging that Goods
are received in. Buyer will ensure they have matched all quantities,
and pricing before submitting an order.
b) Unless otherwise negotiated all orders are
shipped F.O.B the Sellers warehouse via freight
prepaid and charged on invoice. Lost or damaged Goods during the shipment
process are the
carrier’s responsibility. If a package is received damaged due to carrier
contact the carrier for instructions regarding the claim. Buyer is liable for
loading and transport
of all pick-up orders. Seller waives all responsibility for any lost,
damaged goods during the transportation process whether the items are shipped
via carrier or
picked up. Buyer is responsible to request and provide any changes in billing
address or contact information. Unless specifically negotiated, Seller will
only to an
existing customer address on file.
c) The following rules apply for accounts with
negotiated pre-paid freight amounts. The pre-
amount is the total dollar value of Goods pre-tax that are in stock and ready
be shipped on
order date. Goods on an order that are not in stock and/or placed on
backorder do not
contribute to the prepaid calculation. If pre negotiated, Seller will accept
back orders which
will be shipped with the next order that is eligible for pre-paid freight.
amount will not be used to contribute to the prepaid plateau on the new
order. In order
for a shipment to qualify for pre-paid freight, the shippable order value must
prepaid amount assigned to the Buyer.
Goods that are not in stock at the time of placing a web order, will not be eligible for Back Order, even though they can be added to the cart and checkout process. Any out of stock items on web orders will be removed within our internal approval process of web orders and will be communicated to the Buyer through the Order Confirmation thereafter.
a) All orders will
be held in que for 60 minutes in order to allow errors or changes to be
60 minutes, orders will be released to our warehouse for processing and no
cancellations will be permitted. Any issues with orders that have exceeded the
60 minute deadline will be processed as RETURNS,
and may incur restocking and return
b) Customers are
responsible for order accuracy. The customer is responsible to know the
must reach for prepaid freight (in the event pre-paid freight has been
Orders that do not have prepaid freight plateaus will be shipped via Sellers
pre-paid and charged to customer. The amount for freight will appear on
c) The Buyer will receive an Order Confirmation
upon placing an order. The Order
the tool Seller uses to confirm Goods, quantities, agreed price, shipping
and all Terms associated with an order. The Buyer is responsible to review
the Order Confirmation
for accuracy. In the event of disputes, the Order Confirmation and
will be used as the tools of settlement.
Cancelled OrdersBlanket Orders and Items imported specifically for a customer cannot be cancelled.Painted ProductMinimum charge will be applied to nonstock painted items of $300. Nonstock painted items are non-returnable.
Return Material Authorizations (RMA)
All return processes must be initiated within
the first 30 days of the invoice date. All returned Goods must be in the same quantity as per the RMA, unaltered and in the original packaging. All returns
must be issued a RMA number through the Seller. Goods returned without a RMA
number will not be eligible for credit.
b) If there is an altering of the package or product the goods are not eligible for return.
product must be returned to Sellers facility within 30 days of receiving the
RMA acknowledgment form unless further discussed. The minimum value of Goods
being returned is $25.00. Any order cancellations or returns reported after 30
days will be subject to review and are not guaranteed for approval or credit. All
returns regarding Buyer errors, cancellations or fault will have a standard
restocking fee of 25%. All issues
regarding non-conforming Goods must be made aware to our Customer Service Department
before the commence of return. All returns for non-conforming Goods must be
validated by Seller’s Quality Department before credit is issued Seller can
refuse to grant credit for Goods that are returned used or damaged.
Mistakes can happen. The Buyer is responsible for
inspecting the product shipped from Seller for correctness and suitability.
Goods shipped in error will not be subject to restocking fees. Do not ship
goods back until a determination has been made by our returns department. Under
no circumstances can a Buyer return product to Seller without a RMA. Customers
who modify or alter wrong goods shipped by Fasteners and Fittings will be
responsible to pay for such goods and the goods will not be eligible for
e) In the event the Buyer negotiates and instructs Seller
to directly ship goods to a third party location, it is the Buyer who
is responsible to inspect the goods for suitability and correctness. Fasteners
and Fittings will not be responsible for goods shipped in error and not
inspected for accuracy and suitability. As a general policy Fasteners and Fittings will
ship to the Buyers address only.
Limitation of Liability
In no event shall Seller be liable to Buyer or any third party for any claims, losses, labour expenses, legal expenses or damages, direct or consequentially resulting in or from the use of, or inability to use the Goods. Sellers liability is limited only to the value of the Goods supplied. This warranty replaces any other warranty, expressed and implied, whether statutory or otherwise. In no event shall Seller be liable for consequential damages. Buyers are responsible for inspecting Goods upon receipt. Buyers who choose to ship Goods without inspection at their facility forfeit the right to return or claim defective Goods.
Seller warrants that all products sold will be in usable new
condition free of cosmetic defects prior to installation. It is the Buyers
responsibility to inspect the product for cosmetic acceptability prior to
installing the product. Due to the aggressive nature of installation, Seller
cannot warrant the finish of powder coated or painted products after
installation, or zinc plated finishes against rust. Seller cautions the use of
impact tools to install powder coated or painted Goods, as it will result in
damage to the finish and cause premature deterioration. Seller will only
replace or credit the invoice value of the product if the damage is reported before
use or installation.
If any item or provision of this Agreement is invalid,
illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability
shall not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction.
CBSA/Anti-DumpingChanges in government policy may result in additional charges (duties, excises or normal values) being passed on to the customer. These additional charges will be reflected on all orders shipped after the government-imposed regulation date.
Any dispute arising from these Terms and Conditions is
subject to the laws of the Province of Ontario and the laws of Canada
applicable therein. Any legal suit, action or proceeding arising out of or
relating to this Agreement shall be instituted in the federal courts of Canada
or in the courts of the Province of Ontario in each case located in suit,
action or proceeding.