Terms & Conditions

• No returns without prior authorization
• Returned goods subject to handling charge

Unless stated otherwise, quotations and orders are subject to the following terms and conditions:

1. Quotations
Quotations are valid for 30 days. Sales taxes are extra, at the rate in effect at time of shipment. Material in stock is offered subject to prior sale. All clerical errors are subject to correction.

2. Shipping Details
a) Prices quoted are F.O.B. our warehouse, St-Laurent Québec.
b) If freight is allowed at our cost, we reserve the right to select the carrier of our choice.
c) Notwithstanding any provisions of the C.C.Q. or any other applicable legislation with to the obligations of the seller, our responsibility ceases when the transport company receives the material from us in good condition. The shipment must be checked upon receipt for transportation damages and if damaged, a claim must be made against the transportation company immediately. We will give the buyer all assistance possible to adjust such claims.
d) Any discrepancies between seller’s packing slip and products received must be reported to customer service within 10 days of shipment.
e) Express and air shipments will be made at the request of the buyer with all charges to the account of the buyer and subject to a special handling charge of $20.00.

3. Return Goods
No returned goods will be accepted without prior authorization. Whether material is returned for repair or warranty repair/replacement, it must be returned prepaid. If authorized to return collect, we accept Purolator as the sole carrier. Return for credit may be allowed within 30 days of original shipment, if the material is unused, in its original, sealed package and in good condition. A restocking charge will be applied. After 30 days, return credit will only be issued at Rotalec’s discretion.

4. Warranty
If any material distributed by us contains a manufacturer’s defect, notwithstanding any provisions of the C.C.Q. or any other applicable legislation with respect to legal warranty, the sole warranty which shall apply is the warranty as supplied by the manufacturer. No claim shall be made against Group Rotalec for expenses included in installation or use.
When required, the defective material will be returned to the manufacturer, at the buyer’s expense, for repair or replacement. No other expressed or implied warranties shall be applied to the goods sold. In the event of errors in shipment, we will replace the material only at our expense.

5. Repairs
All material returned for repair will be evaluated to determine whether the repair can be done by the seller or must be returned to the supplier. We will advise the buyer the costs of the repair and proceed with the repair upon his authorization. The buyer is responsible for all freight and handling charges.

6. Minimum Orders/Invoices
Orders under $200.00 will be accepted subject to a $25.00 processing, packaging, and handling charge.

7. Credit and Payment Terms
Subject to the approval of our credit department, our terms of payment are net 30 days from date of invoice. If credit is denied or buyer does not want to open an account, we accept payment by Visa, and Mastercard credit cards, cash, or company cheque.

8. Cancellation
Notwithstanding any provisions to the contrary under C.C.Q. or any other applicable legislation, once an order has been accepted by us, it may be cancelled only with our consent and upon such conditions as we may authorize. Cancellation charges may apply.

9. Limitation of Warranty and Product Acceptance
Except for the representations and warranties made by Rotalec hereunder, Rotalec makes no representations or warranties with respect to the physical condition or any other aspect of the services provided under this Contract, including any implied warranties, warranties of fitness for a particular use and, except for the representations and warranties made by Rotalec hereunder, once the products and services provided by Rotalec have been accepted by the Customer, said products and services are deemed to be accepted by the Customer on an “as is” basis. For greater certainty, the Customer waives Rotalec’s statutory legal warranty of quality at Article 1726 of the Civil Code of Quebec to the fullest extent permitted by law. In any event, the liability of Rotalec hereunder shall be limited to the amount of the Contract Price.

10. Force Majeure
Rotalec will not be liable in any manner for damages caused to or suffered by the Customer due to strikes, riots, labour controversies, accidents, fuel shortages, power failures, acts of God, fire, flood, war, disaster or other casualty, force majeure, cause fortuit or any other cause, including delays by Rotalec in performing their services hereunder due to such strikes, riots, labour controversies, accidents, fuel shortages, power failures, acts of God, fire, flood, war, disaster or other casualty, force majeure, cause fortuit or other cause, and the Customer will not be entitled to damages or a reduction of Contract Price payable hereunder; however, in such cases, Rotalec must, without delay, take all reasonable measures within its control to remedy the situation.

11. Consequential Damages
The Customer will not hold liable Rotalec, its affiliates or any Directors, Officers and Employees of Rotalec or its affiliates for any liability to Customer and to third parties and holds them harmless for any claim to or against Rotalec related to the services provided under this Contract. Under no circumstances shall Rotalec, its employees, or other persons of firms engaged by Rotalec be liable to the Customer for any consequential damages, including loss of use and loss of profit. The Customer covenants and agrees to indemnify and save harmless Rotalec, its affiliates and the Directors, Officers and Employees of Rotalec and its affiliates (the “Indemnified Party”), from and against any claims, demands, actions, causes of action, damages, losses, costs, liabilities or expenses, including but not limited to any consequential damages, including loss of use and loss of profit, which any third party may suffer related to the services provided under this Contract.

The Customer shall have the right but not the obligation to contest, settle, compromise or dispute such third party claim in the name or on behalf of the Indemnified Party and shall at its own cost and expense, defend expeditiously the Indemnified Party from all such actions or proceedings and shall have the right to carry on such actions or proceedings in the name of the Indemnified Party, and the Customer shall keep the Indemnified Party fully advised as to the course of the proceedings.

12. Intentional or Gross Fault
Notwithstanding the foregoing provisions, the liability of Rotalec to the Customer for damages suffered shall not be limited or excluded in the event of an intentional or gross fault committed by Rotalec.

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