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
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
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
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.
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
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.
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.
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
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.
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.
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
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
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