BAG Supplies Canada Ltd
TERMS & CONDITIONS OF SALE
The Law of Ontario apply.
1 FORMATION OF CONTRACT:
All orders are subject to acceptance in writing by BAG Supplies Canada Ltd (the Company), which shall constitute the binding contract for the goods ordered (the GOODS). The contract is subject to the following terms & conditions, which shall prevail over any other terms of the customer or otherwise. They cannot be varied other than by the express written agreement of the company.
The technical specification of the goods will (unless otherwise agreed in writing) be in accordance with the Company’s standard specification for goods of that kind at the date of despatch. All specifications are subject to usual manufacturing tolerance.
Delivery dates are quoted or accepted in good faith, but are not guaranteed unless so stated on the Seller’s order acknowledgement and in no circumstances shall the seller be liable for any loss or damage sustained by the buyer in the consequences of failure to deliver by such a date or otherwise of any delay in delivery. Buyer is responsible for all storage and insurance charges relating to Buyer’s failure to accept the goods by any date quoted or requested or (if none) within 2 months.
The risk in the goods will pass at the time of delivery.
5 TITLE RETENTION:
Until full payment of monies due by the customer to the Company
1. The title in the goods will not pass to the customer
2. The customer shall store the goods in a proper manner suitable to the type of goods involved.
3. Goods must be clearly identifiable as the property of the company BAG Supplies Canada Ltd.
4. The customer irrevocably authorises BAG Supplies Canada Ltd, it’s servants, agents or otherwise to enter the premises where the said goods are in the event of:
a. Any distress or execution is levied upon any of the assets of the customer and / or
b. The commencement of legal proceedings against the customer for the purposes of insolvency / bankruptcy and / or
c. A receiver be appointed over the whole or any part of your undertaking and / or
d. The calling of any creditors meeting of the customer.
e. The customer or any person acting on behalf of the customer must not sell or otherwise dispose of the goods without prior consent in writing from the Company.
6 TERMS OF PAYMENT:
Strictly net monthly. Unless otherwise agreed in writing by the Company.
7 INTEREST CHARGE:
8% per month will be charged on all monies owing for 2 months and over as shown on our invoice.
7a Any legal costs incurred to recover payments will be added onto the customers account
It is the responsibility of the customer to examine the goods immediately upon delivery. Any shortages or damage must be notified on the delivery sheet / note.
We take no responsibility for loss or damage unless:
1. Any shortage or damage has been reported to BAG Supplies Canada Ltd within 7 days from receipt of goods.
2. A clear signature has been given on the delivery note and / or notification in writing of any damage or shortages is sent to the carriers and also BAG Supplies Canada Ltd.
3. Notification in writing of non-delivery is sent to us within fourteen days of receipt of invoice.
4. The carriers conditions have been complied with by the consignee or customer
5. Certification is N/A on used Bags.
9 RE-STOCKING CHARGE:
A 15% restocking charge will be made in respect of current stock items returned at consignees cost as incorrectly ordered by the consignee / customer.
We will not accept the return of any goods specially ordered or manufactured to the requirements of the customer.
10 SELLERS WARRANTY:
No warranty or guarantee expressed or implied is made regarding the performance of the product since the manner of use and handling is beyond our control.
11 USED BAGS:
It is the responsibility of the customer to examine the goods and its past contents upon delivery. BAG Supplies Canada Ltd cannot hold any responsibility for any past contents retained in second hand goods, or its performance. There are no valid certification with these goods and therefore no claim can be made against BAG Supplies Canada.
12 Its is the responsibility of the customer to use and handle the goods for the sole purpose for what they were designed for. BAG Supplies Canada Ltd takes no responsibility for misuse or otherwise.