TERMS AND CONDITIONS OF SALE
1. GALICK PACKAGING EQUIPMENT LTD. shall endeavor to deliver equipment and provide services on the date so agreed upon in writing, and the parties hereto agree that GALICK PACKAGING EQUIPMENT LTD. shall not be liable for any loss or damage due to any circumstances beyond its control in complying with this provision. Without restricting the generality of the aforsaid, GALICK PACKAGING EQUIPMENT LTD. shall not be liable for any loss, damage or claim as a result of acts of God, war, riot, fire, explosion, sabotage, flood, accident shortage or failure of supply of material, labour difficulties, compliance with any order, request, directive of any public authority. Any delay due to the causes stated herein, shall not give the buyer the right to terminate the within agreement.
2. Title or ownership to each item of equipment described herein shall remain with GALICK PACKAGING EQUIPMENT LTD. until the purchase price is paid in full. The buyer releases any claim or demand that he/they may have in connection with such equipment until the price is paid in full including any interest charges that have accumulated. Possession of the said equipment shall be deemed to pass to the buyer upon delivery to the carrierat a point of shipment or at the time when it is received by the buyer or its agents. The buyer releases GALICK PACKAGING EQUIPMENT LTD. of any claim or demand in connection with any damage or loss from and after the delivery to the carrier and receipt by the buyer as provided herein.
3. Prices do not include federal or provincial taxes, which are in addition to the purchase price and must be paid by the Purchaser. Any and all foreign duties and taxes are the responsibility of the Purchaser. Unless otherwise stated, GALICK PACKAGING EQUIPMENT LTD. will use an exchange rate of 1.35 when invoicing US products. All invoices for non-Canadian products are subject to adjustment if there is any fluctuation in the exchange rate from the time of invoice to when final payment is due. Unless Purchaser furnishes GALICK PACKAGING EQUIPMENT LTD. with a tax exemption certificate, any sales, use, excise or similar taxes, where applicable, shall be added to the quoted purchase price and invoice by GALICK PACKAGING EQUIPMENT LTD. to Purchaser.
4. Unless otherwise stated on the front of this form, the purchase price is F.O.B. Place of Shipment and excludes skidding or crating for shipment.
5. IT SHALL BE PURCHASER'S RESPONSIBILITY TO ENSURE ANY EQUIPMENT PURCHASED FROM GALICK PACKAGING EQUIPMENT LTD. IS INSTALLED AND OPERATED IN A PROPER AND SAFE MANNER. Purchaser also acknowledges that it may have to install or change guards, safeties, warnings or other components to ensure that the machine will conform to all laws, regulations, ordinances, codes, insurance requirements and industry standards. Purchaser agrees to defend, indemnify and hold harmless Seller from and against all suits, claims, costs and expenses for personal injury, death, or property damage arising from the purchase, ownership or use by the Purchaser, Purchaser's agents, employees of independent contactors of the equipment purchased.
6. All rights, obligations of the parties hereto, and all disputes of any nature or kind, shall be subject to and governed by the laws of the Province of Ontario and the parties hereto so consent. All notices regarding this agreement or any other matters relating hereto shall be sent to GALICK PACKAGING EQUIPMENT LTD. at the address described on the face of the invoice herein.
7. By accepting a quotation, the Buyer agrees to pay a 50% deposit of the total invoice amount to commence any work and materials required with the balance payable prior to shipment. All deposits are NON-REFUNDABLE. Any work required on the equipment purchased will commence upon receipt of the 50% deposit. Once the job is completed, the Buyer has a maximum of 30 days to submit the remaining amount owed on the invoice. If payment is not submitted within the required timeframe the order will be considered abandoned and the 50% deposit will be NON-REFUNDABLE.
8. Terms are PAYMENT IN FULL PRIOR TO SHIPMENT, unless otherwise stated on the quotation or invoice.
9. New Machinery please refer to OEM Warranty and Policies. Pre-Owned Machinery purchased AS IS, WHERE IS, No returns will be accepted. We strongly encourage our clients to inspect the product prior to shipment as GALICK PACKAGING EQUIPMENT LTD. will not be held liable for damage incurred during transit.
10. Upon management approval and discretion, returns may be accepted with a minimum 10% restocking charge.