FASTENERS AND FITTINGS TERMS & CONDITIONS

 

 

Applicability

 

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

 

The minimum single invoice or billing charge is $100.00. Buyer will receive their invoice once the Goods have been shipped from our warehouse. Buyer shall pay all invoiced amounts due to Seller within the period specified in the Order Confirmation. Payment is accepted via check or electronic transfer. A 1.5% interest rate 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. 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 10 business days. Part numbers and descriptions are always available to the Buyer and it is advised that Buyer review and cross reference for accuracy before placing an order. Buyer will take responsibility for any product discrepancies on approved orders.

 


Packaging and Shipping

 

a)   All of the Seller’s packaging is shipped standard in the options defined within the  

      catalogue/price 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,

      package types and pricing before submitting an order.

b)   Unless otherwise negotiated all orders are shipped F.O.B the Sellers warehouse via freight  

       collection or 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

       issues, please contact the carrier for instructions regarding the claim. Buyer is liable for the

       loading and transport of all pick-up orders. Seller waives all responsibility for any lost,

       stolen or 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

       or shipping address or contact information. Unless specifically negotiated, Seller will ship

       only to an existing customer address on file.

c)   The following rules apply for accounts with negotiated pre-paid freight amounts. The pre-

      paid freight amount is the total dollar value of Goods pre-tax that are in stock and ready to

      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.

      The back-order 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

      exceed the prepaid amount assigned to the Buyer.



Order Process

 

a)   All orders will be held in que for 60 minutes in order to allow errors or changes to be

      amended. After 60 minutes, orders will be released to our warehouse for processing and no    

      changes or 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

      freight charges. 

b)   Customers are responsible for order accuracy. The customer is responsible to know the       

       plateau they must reach for prepaid freight (in the event pre-paid freight has been

       negotiated). Orders that do not have prepaid freight plateaus will be shipped via Sellers           

       choice carrier pre-paid and charged to customer. The amount for freight will appear on

       customer invoice.

c)    The Buyer will receive an Order Confirmation upon placing an order. The Order

       Confirmation is the tool Seller uses to confirm Goods, quantities, agreed price, shipping           

       arrangements, 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

       these Terms will be used as the tools of settlement.

 


Returns

a)     All return processes must be initiated within the first 30 days of receiving the invoice. All returned Goods must be            in the full quantity discussed, 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)    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%.

c)    If there is an altering of the package or product the goods are not eligible for return.

d)    The 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%.  c) 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.

e)    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 return.

f)      In the event the Buyer negotiates and instructs Seller to directly ship goods to their customers address, it is the first       customer 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 our customers 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 statuary or otherwise. In no event shall Seller be liable for consequential damages. Buyers are responsible for inspecting Goods upon receipt to ensure they have received correct order and products and no shipping errors have occurred. Buyers who choose to ship Goods without inspection at their facility forfeit the right to return or claim defective Goods.  

 

Warranty

 

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. 

   Severability

   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.



   Legal

   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