Appendix 1 – Rotalec Canada Inc. standard general terms and conditions of sale
This document supersedes all previous publications. Our terms and conditions apply to all orders and we do not accept any deviations from our terms. If your purchase order (PO) or other correspondence lists terms that are different from ours, we may process your order, but we do not accept the terms unless we consent in writing. We reserve the right to change our terms and conditions of sale at any time and without prior notice. Our terms and conditions in effect on the day an order is accepted shall apply without deviation. All orders are subject to acceptance by Rotalec at our company headquarters.
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.
a) Unless otherwise set forth in the Sales Confirmation, Rotalec delivery terms are FOB at our warehouse, St-Laurent Québec, using Rotalec’s standard methods for packaging and shipping.
b) Notwithstanding any provisions of any applicable legislation with respect to the obligations of the seller, our responsibility ceases when the transport company receives the material
from Rotalec 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.
c) Any discrepancies between seller’s packing slip and products received must be reported to customer service within 10 days of shipment.
d) Express and air shipments will be made at the request of the buyer with a minimum fee of $100.00. Final price of the expedited shipment will be transmitted to the customer prior to
e) If we assume the costs of transportation, we reserve the right to choose the carrier of our choice.
No returned goods will be accepted without prior authorization. Qualified items may be returned within 30 days of purchase for exchange or refund, according to the Manufacturers policies, providing the material is unused, in its original, sealed package and in good condition. Whether material is returned to Rotalec for repair or warranty repair/replacement, it must be returned prepaid.
A minimum restocking charge of 25% will be applied. Some manufacturers have a different restocking charge or have restrictions on returns. Rotalec will inform the customer applicable charges before proceeding with the return.
Manufacturers’ warranties vary by product category. Any damages from shipping must be reported within 24 hours of goods being received, or the customer will be responsible for repairs or replacement.
If any material distributed by us contains a manufacturer’s defect, notwithstanding any provisions of 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 Rotalec for expenses incurred in installation or use. When necessary, 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 only the material at our expense.
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.
Orders under $ 200 will be accepted but will be subject to a handling fee of $ 25. Minimum billing is $ 100 plus $ 25 handling fee.
We accept purchase orders (P.O.) from customers with approved credit accounts. In order to be considered for credit, a new or existing C.O.D. customer must submit a single order in excess of $100 (excluding shipping charges). The credit application can be submitted with the order, but you must allow up to 5 business days for processing. The credit approval form is available for download here.
Customers with or without approved credit may choose to pay using any of our accepted credit cards, cash, EFT, or with company cheque.
Credit account terms
Our terms are Net 30 days from invoice date.
Our shipping terms are FOB Rotalec, Saint-Laurent, Qc.
If your account has been inactive for 18 months or longer, your credit line will need to be reinstated. Please allow up to 5 business days for verification of credit information.
You can help us to continue offering our great prices and outstanding technical support by keeping your account balance current. Any account over 30 days past due will be placed on credit hold and subject to interest charges of 1.5 percent per month (18% APR) on the unpaid balance. In the event of a returned cheque, a $25 fee will be added to your account. Delinquent accounts will be referred to our credit agency for collection.
Rotalec may require milestone payments, or step payments, for large engineering orders or orders with custom parts.
We accept VISA and MasterCard credit cards.
Credit card payment must be approved prior to shipment.
Electronic Fund Transfer (EFT)
We encourage our customers to use EFT. Please contact us for banking information. Bank fees are at buyer’s expense.
Terms and conditions
By placing an order at Rotalec, you accept our terms and conditions.
For customers with terms, invoicing options are e-mail, in Adobe PDF format. If you require paper invoices, please contact our accounting department.
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.
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.
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.
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 those 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.
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.