TERMS AND CONDITIONS
All orders are accepted on the terms, conditions and exclusions herein contained. These terms, conditions and exclusions (either taken as a whole or in part or individually) shall not be varied, nor shall their application to any other order be excluded or limited in any way whatsoever, except as agreed by us in writing. Any additional work will be charged at our standard rates unless such work is included in a Contract.
Prices quoted are those ruling at the date of the quotation or as shown in our list, and shall be subject to revision if increases in costs or other circumstances arise. Prices quoted exclude Value Added Tax, Sales Taxes or any similar Taxes, which will be charged additionally to the Buyer.
3. TERMS OF DELIVERY
a) Dates for delivery are given in good faith and as accurately as possible, but are not guaranteed. We shall be under no liability whatsoever for any delay in performance of any order by reason or in consequence of force majeure or of any matter or thing outside our control including but not limited to labour troubles, civil commotion, natural catastrophe, government restriction, shortage of supplies or customers instructions or lack of instructions. We shall have the right to despatch any portion of the goods ordered and we shall be entitled to invoice the customer for such dispatched portion so that for the purposes of payment each portion shall be deemed to be a separate contract and may be invoiced separately. Should the customer notify us of inability to receive or store goods ordered or should the customer fail to give us adequate delivery instructions when required or fail to collect goods sold ex-works, the goods will be stored at the customers risk and expense. We shall be entitled to manufacture the goods immediately upon receipt of the customers written order or as soon thereafter as we see fit, irrespective of any date which may be specified for delivery thereof.
b) Unless we otherwise agree in writing our carriage paid terms are as set out on the back page of our catalogue. The cost of delivery of goods below the minimum value will be charged to the Buyer at our discretion.
4. PROPERTY IN GOODS
a) Until Gardiner Pole Systems Canada has been paid in full by the Buyer for goods supplied by Gardiner Pole Systems Canada., such goods remain the property of Gardiner Pole Systems Canada although the risk therein passes to the Buyer at the time of delivery (subject to the provisions in Clause 3(a) herein relating to storage of goods at the customers expense), and the Buyer shall indemnify Gardiner Pole Systems Canada against any loss or deterioration thereof or damage thereto, and without prejudice to any other remedies, Gardiner Pole Systems Canada may repossess those goods at any time from the Buyer, and for that purpose Gardiner Pole Systems Canada, its agents and servants may enter any premises upon which the goods are situated.
b) In the event of the Buyer re-selling any goods delivered to it by Gardiner Pole Systems Canada before Gardiner Pole Systems Canada has been paid in full, such part of the proceeds of such resale as are equivalent to the price at which the goods were invoiced to the Buyer by Gardiner Pole Systems Canada shall be held by the Buyer on trust for Gardiner Pole Systems Canada and shall be placed by the Buyer in a separate account so as to be identifiable as being in the beneficial ownership of Gardiner Pole Systems Canada. Further, the fact that property in the goods remains Gardiner Pole Systems Canada until the price has been paid in full shall not prevent Gardiner Pole Systems Canada from maintaining an action against the Buyer for the price of the goods.
5. NOTIFICATION OF LOSS OF, OR DAMAGE TO, OR NON-DELIVERY OF GOODS
Claims for damage to or loss of goods in transit must be submitted in writing both to us and to the carrier (if appropriate) as follows:-
a) In the case of non-delivery of the whole of any consignment or of any separate packaging forming part of consignment - within 21 days of the date of despatch shown on the invoice or advice note (whichever is the earlier).
b) In the case of damage or partial loss of the goods or shortages from packages - within three days of delivery. The goods received must have been signed for as damaged or incomplete.
Failing which we shall not be liable in respect of any such claim and the goods shall be deemed to have been delivered in accordance with the contract complete and in a satisfactory condition.
c) In no case shall Gardiner Pole Systems Canada's liability in respect of claims for damage to or loss of goods in transit extend beyond an obligation either to repair or replace free of charge any such goods or (the election to be Gardiner Pole Systems Canada's alone) to pay to the Buyer up to the invoice price of the goods in respect of which a claim is made, and in neither event shall Gardiner Pole Systems Canada be liable for consequential loss, damage or expense howsoever arising.
Payment to be made in full at time of order. Failure by the Buyer to make punctual payment shall entitle us to suspend any outstanding deliveries, or to cancel the contract so far as it remains unperformed at our option, and without prejudice to our rights to claim for the price of goods already delivered or manufactured at the date of cancellation, and for loss or injury occasioned thereby.
7. WARRANTY AND EXCLUSIONS.
a) We undertake that the goods delivered to the Buyer will be of normal commercial quality and Gardiner Pole Systems Canada's duty to the Buyer relating to the quality of the goods delivered shall be limited wholly and exclusively to the duty to deliver goods of the aforesaid quality. Save as aforesaid any warranty or conditions, statutory or otherwise, express or implied, whether oral or written as to the quality of the goods or their fitness for a particular purpose are excluded and negative.
b) The application and use of the goods is the absolute responsibility of the Buyer. Any technical and other advice, information and data provided by Gardiner Pole Systems Canada, whether verbally, in writing or by way of trials or tests, is given without warranty and the Buyer shall be deemed to have carried out its own tests to ensure the suitability of the goods for his intended purposes and applications and the Buyer shall be deemed to have placed no reliance on any advice, information or data provided by Gardiner Pole Systems Canada.
c) The Buyer must give to Gardiner Pole Systems Canada immediate written notice containing full particulars of any claim that the goods are not of the proper quality to enable Gardiner Pole Systems Canada to investigate the complaint before the remainder of the consignment of goods is used or returned to Gardiner Pole Systems Canada. We shall not be liable for any defects in quality in the absence of such immediate notification and, in any event, our liability hereunder or in the case of any other breach of contract or misrepresentation shall be strictly limited to the invoice price of the goods proved by the Buyer to be of defective quality or to be such as to cause Gardiner Pole Systems Canada to have been in breach of contract or guilty of misrepresentation and shall not extend to consequential loss of any kind howsoever arising.
Should the buyer wish to return goods when no fault exists in said goods, a returns number must be obtained from Gardiner Pole Systems Canada. The returns number must be quoted on all correspondence and with the returned goods. Provided that the goods are returned in “as new” condition in their original packaging, Gardiner Pole Systems Canada may accept the goods and make a refund. Refunds are subject to a minimum 15% restocking charge and exclude carriage charges. The cost of parts and labour that may be required to return damaged goods to “as new” condition shall be added to the restocking charge. The decision to accept goods for refund rests solely with Gardiner Pole Systems Canada.
9. CONTRACTS NOT ASSIGNABLE
This Contract is between Gardiner Pole Systems Canada and the Buyer as principals, and is not assignable without our written consent.
The Buyer shall indemnify Gardiner Pole Systems Canada against all damages, penalties, costs, and expenses, to which we may be liable as a result of work done in accordance with the Buyers specification which involves the infringement of any letters patent, registered design, propriety process or otherwise.
11. GOVERNING LAW
This contract shall be governed by and construed in accordance with the laws of British Columbia, Canada and the Buyer agrees to submit to the jurisdiction of the British Columbia Courts.
Gardiner Pole Systems Canada do not accept any liability for consequential loss.