Tubicen Lighting Ltd. ® Standard Terms and Conditions of Sales
Acceptance, Payment Terms and Service Charges
The Buyer’s Purchase Order constitutes an offer by Buyer to purchase Goods in accordance with these Terms and Conditions. Payment terms are 50% Deposit at time of order and balance due at time of shipment unless credit has been approved. Payment terms on credit-approved accounts are net 30 days (No Deposit Required). All special orders require a 50% Deposit. Any invoice not paid in full within 30 days of the date thereof shall accrue service charges on the unpaid balance at the compounded rate of 1.5% per month. Payment will be applied first to Court costs and attorneys’ fees (if any), then to service charges, and then to principal.
Warranty will be voided if installation is not in accordance with recommended installation guide AND local electrical safety standards (ESA-Canada) along with installation of NON-recommended electrical accessories brands.
The warranty that applies to a specific/customization purchase is the one in effect starting at the date the product is shipped. Buyers agrees that their only remedy against Creditor for product that allegedly does not conform to Buyer’s specifications shall be replacement of such non-conforming product, and Buyers agrees that Creditor shall not have liability for Buyer’s incidental or consequential damages.
Delivery, Title, and Risk of Loss
Products shall be sold FOB/CIF from Seller’s shipping point for shipment to any location designated by Buyer and shall be deemed delivered to Buyer when picked up by the transportation company at the shipping point. Unless otherwise agreed in writing by seller, the Buyer shall pay all transportation charges and expenses. (CIF)
Seller will make a reasonable effort to meet promised delivery dates, but shall not be liable for any delay in delivery or failure to perform due to acceptance of prior orders, strike, lockout, riot, war, fire, act of God, accident, or delays caused by any subcontractor or supplier or by Buyer. Buyer agrees that such delay in delivery or failure to deliver or perform any part of this Agreement shall not be grounds for Buyer to terminate unless the delay extends beyond three (3) months from the originally scheduled delivery date, in which case either party may, with written notice terminate this agreement without further liability for the unperformed part of the Agreement.
Liquidated Damages for Collection
In the event Buyer/Vendor defaults on this account and Seller/Creditor refers collection of this account to an attorney or Collection Agency, Buyer/Vendor agrees to pay any collection costs incurred including but not limited to collection services, attorneys and court fees, with a minimum fee of 80% of all amounts to be collected.
Disputes over services or payments will be handled first by non-binding mediation. If resolution is not accomplished, disputes will be resolved by binding arbitration, with a licensed arbitrator agreed upon by both parties.
This agreement is executed in Ontario, Canada and shall be interpreted, construed and enforced in accordance with Ontario Law and Canadian Federal Law. PageOne reserves the rights to modify these Terms and Conditions at our sole discretion at any time without prior notice. I (Buyer) further attest that I have read and understood the above Terms and Conditions and agree to them.