1. The warranty on the Product(s) identified herein shall be 5 years on the superstructure and 2 years on the electrical commencing from the ship date. This warranty is non transferable and does not cover defects arising from accident, unauthorized service,improper assembly, alteration, tampering, misuse, mis-application, neglect, acts of nature or neglect. No oral or written information or advice given by Williams Boot & Glove Dryers Inc. dba Williams Direct Dryers (hereinafter referred to as WDD), its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty. WDD warrants that the Products delivered hereunder meet published specifications for the Products. There are no warranties of merchantability or fitness for the particular purpose or any other representations, warranties or conditions, express or implied, statutory or otherwise, other than those herein contained, except that the Products will not infringe the claims of any Canadian patent covering the Products themselves but WDD does not warrant against infringement by reason of the use thereof in combination with other Products or in the operation of any process.
Customer declares itself familiar with the nature and use of the Products and assumes all liability resulting from or in any way connected with Customer’s possession, handling, assembly or use thereof.
If for any reason the Product(s) require(s) repair or service during the warranty period, please call or fax WDD to obtain a return authorization number (RAN). Upon issuance of the RAN, pack the Product securely and return it postpaid to WDD or an authorized agent of WDD. WDD will repair or replace, at its option, any defective Product covered by this warranty.
WDD European distributors or importers are unconditionally responsible for the appropriate collection and recycling and treatment of “end of life” Direct Dryers imported from WDD within the European Community. As these laws vary throughout the EU, WDD expects importers to be compliant with the processes within their specific region. An importer is defined as the person who purchased the product from WDD.
Customer will defend, indemnify and hold harmless WDD against all claims, loss, liability, damages and expenses on account of any damage to property or injury or death of persons caused by or arising out of Customer’s distribution, storage, handing, use, assembly or disposal of Product or caused by or arising out of any breach of contract, fundamental or otherwise or caused by or arising out of any tortuous acts or omissions or negligence or from any applicable statutory provision or otherwise.
3. Terms and Conditions
All orders for Products and/or Services will become effective only when accepted by WDD by shipment of Products ordered, performance of Services requested or acceptance of the order by WDD in writing. All orders for Products and/or Services will be invoiced at the prices that are in effect on the date of shipment and/or performance of Service unless otherwise agreed to in writing by an authorized officer of WDD.
4. Terms of Payment
Only orders that have been fully prepaid will be shipped and/or requested Services be performed unless WDD has approved and established “an open account” or “terms of payment” other than prepaid for that order. Application for “an open account” or “terms of payment” other than prepaid must be made on an approved WDD application for credit. Credit application forms are available upon request. After receipt of the completed credit application form, WDD will promptly process and review the application and notify the applicant within 10 days for domestic accounts and up to 30 days for export accounts of the payment options available to it.
Payment in full at time of order, by credit card, money order, certified check, letter of credit (LOC), bank draft or bank wire transfer is due prior to shipping unless otherwise agreed in writing.
6. Payment on Account
Upon approval of credit payment on account shall be rendered based on terms and conditions as outlined in the credit application.
Past due payments may be assessed a late charge of $25.00 on all domestic accounts ($250.00 on all export accounts) plus costs of collection, including but not limited to attorneys fees. Additionally, a fee equal to .003% per day of the total balance due compounded daily may be assessed until the total amount due is paid in full.
A $100 fee will be assessed for all domestic NSF checks and $500 for all other NSF checks, drafts, etc., drawn on any bank outside of Canada.
Canadian Orders are subject to GST, HST, and PST as required by law. Taxes shall be added to the cost of the Product and collected at the time of payment. Any exemptions must be accompanied by certified documentation supplied by Customer as required by the authority having jurisdiction.
International Orders maybe subject to sales (or other) tax(s) as required by the associated jurisdiction. WDD pricing is net of local sales (or other) tax(s) (if any). Remittance of local sales (or other) tax(s) (if any) is the sole responsibility of the Purchaser.
All shipments shall be FCA - Free Carrier WDD Surrey Warehouse: taxes (except as noted in Item 7), customs fees, brokerage fees, insurance, etc.. are not included in the FCA price unless prepaid or otherwise agreed in writing by WDD. From the shipping point onward, all risk of damage or loss is with the Customer. WDD will not be liable to Customers for failure to deliver and/or ship on time any Products due to causes beyond its control, including without limitation the discontinuance of Products and /or Services by its vendors, acts of God, war, strikes, labour disputes, acts of government, etc.
All terms of delivery expressed in this Agreement or negotiated by WDD carry the definitions as laid out in the International Chamber of Commerce (ICC) publication, INCOTERMS 2010 unless otherwise expressed in writing.
No claim of any kind for Product delivered or for non-delivery of Product shall be greater in amount than the Purchase Price of the Product net of: taxes (if any) and transportation costs. Any liability of WDD is limited to the purchase price of the Product in respect of which damages are claimed. Failure of Customer to give notice of claim within thirty (30) days from date of delivery, or the date fixed for delivery, in the case of non-delivery shall constitute a waiver by Customer of all claims in respect of such Product. No charge or expenses incident to any claims will be allowed unless approved by an authorized representative of WDD. Product shall not be returned to WDD without WDD’s prior permission and then only in the manner prescribed by WDD. The remedy hereby provided shall be the exclusive and sole remedy of the Customer and in no event shall WDD be liable for any other damages, whether or not resulting from its negligence. Neither WDD, its agents or its employees are responsible or liable for any special, indirect or consequential damages, economic loss or lost profits, loss or injury of any kind whatsoever to persons or property caused by or arising out of any breach of contract, fundamental or otherwise, or caused by or arising out of any tortuous acts or omissions or negligence or from any applicable statutory provision or otherwise.
10. Return Policy
WDD offers a 30-day return policy from the time of receiving the Product. Please call or fax WDD to obtain a return authorization number (RAN). Required information includes original order number and a copy of the delivery slip. Only the original consignee may return Product under this provision. Upon issuance of the RAN, re-pack the Product securely in the same manner as received in the original packaging materials and return it prepaid to WDD or an authorized agent of WDD. A refund in the original order amount net of transportation cost will be issued for Product returned in original condition.
11. Special Orders
All orders exceeding $10,000.00 and/or Products not considered “standard” as determined entirely at WDD’s discretion shall be subject to a non-refundable deposit at the time of Order. The non refundable deposit shall be assessed at the discretion of WDD but in no case shall be less than 25% of the Order value.
All terms and conditions, prices, fees, charges, discounts, services, and Product specifications are subject to change and may be discontinued at any time without notice. WDD is not responsible for misprints, typos, errors, and omissions that may occur in any and all published literature and/or any other type of material printed or electronic.
13. Personal Information
Personal information may be collected including but not necessarily limited to: name, mailing address, email address, telephone number, fax number, and Product purchase information.
Sales transaction information may include but not necessarily limited to: date of purchase, shipping information, contact information, type of Product and possibly credit information.
WDD does not disclose either personal or sales transaction information to any 3rd party.
WDD does not use personal or sales transaction information for any purpose other than to supply the Product.
WDD will retain credit information (if any) for as long as needed to fulfill the purposes and as required by authorities having jurisdiction.
WDD will retain sales transaction information as required to service the Product.
Product is shipped un-assembled. All steps required to assemble the Product are documented in the user manual which is included in the shipment or by contacting WDD. Do not attempt assembly without first carefully reading the assembly instructions. Customer assumes the liability for undertaking the assembly of the Product using due care and diligence to follow assembly instructions. Commencement of assembly certifies Customer understanding and acceptance of the assembly instructions.
15. Governing Law
The Terms and Conditions of Sale and the document(s) and transaction(s) to which they apply shall be governed by and construed under and in accordance with the laws of the British Columbia and the courts of British Columbia shall have jurisdiction.
16. Entire Agreement
These Terms and Conditions of Sale and the document(s) to which they apply do hereby set forth the entire Agreement between WDD and the Customer with respect to the Products and Services described therein and may be amended only in writing, signed by both WDD and the Customer. No modifications shall be effected by the acknowledgement or acceptance of Customer Purchase Order or other documents.
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