Terms & Conditions

Contract

The provisions herein set forth, plus all drawings, specifications, descriptions and other documents attached hereto constitute the entire contract between Servo2Go.com Ltd. (Company) and the Buyer supersede all prior quotations, purchase orders, correspondence and other communications, whether written or oral between the Company and the Buyer. No provision of the Company's Conditions of Sale shall be subject to change except by written authorization of a properly authorized representative of the Company at the main office of the Company in Woodbridge, Ontario. The failure of the Company to object to any provision in the contract whether contained on the Buyer's purchase order or otherwise, shall not be construed as a waiver of the provisions hereof nor as an acceptance thereof. This contract shall be governed by and construed according to the Laws of the Province of Ontario, Canada. Should any term or provision contained in these conditions contravene or be invalid under applicable law, the contract of which these conditions form a part shall not fail by reason thereof but shall be construed in the same manner as if such term of provision had not appeared herein.

Credit Terms

Credit is offered to approved credit applicants only. Credit approval is subject to the discretion of the Company. All first-time purchases by the Buyer are subject to a COD first order shipment policy.

Quotations

Quotations are valid for 30 days from date of issuance. Typographical and clerical errors in quotations are subject to correction. Quotations may be subject to change at the discretion of the Company to reflect changes in customs duty rulings, tax status, exchange rate fluctuations, etc.

Orders

All orders are received subject acceptance of the Company. Typographical and clerical errors in orders and acknowledgements are subject to correction.

Prices

Prices are FOB point of shipment unless otherwise stated by the Company. Prices are subject to change without notice. Prices in effect at the time of shipment will apply.

Taxes

The Buyer agrees to pay all applicable taxes in the country of delivery upon the merchandise herein described of upon any feature of this transaction.

Terms

Standard terms are cash net 30 days after date of shipment by the Company. Amounts past due are subject to a service charge of 2% per month compounded on the overdue balance. If the company, in its judgement at any time deems that, by reason of the financial condition of the Buyer or otherwise, the continuance of shipment on the terms specified herein is not justified, the Company may require full or partial payment in advance. Certain orders may, in the judgement of the Company, because of their nature or the delivery involved, require progress payments. Pro rata payments shall become due as shipments are made. The company's failure to exercise any right accruing from any default of the Buyer shall not impair any rights in case of subsequent default by the Buyer. Should legal action be instituted to recover any sum due from the Buyer, the Company shall be entitled to recover costs of such action including attorney's fees and judicial court costs.

Delivery

Shipping dates given by the Company are approximate and are based on prompt receipt of all necessary information regarding the order. The Company will use its best efforts to meet the scheduled date shown on the face thereof, but does not guarantee to do so. Failure to make shipments as scheduled does not constitute a cause for cancellation and/or for damages of any character. In the event of any delay requested by the Buyer or any delay caused by lack of shipping instructions, the Company will store all items ordered at the Buyer's risk and expense, and will store all items ordered at the Buyer's risk and expense, and will invoice the Buyer for the full contract price of the apparatus on or after the date on which the same is ready for delivery. The Company is not responsible for any loss, damage or delay that may occur after goods have been accepted for shipment by the Transportation Company. Claims for damage or lost shipments must be taken up directly with the transport company.

Cancellation

All undeliverable parts of any order may be cancelled by the Buyer at any time but only with the written approval of an authorized representative of the Company at the main office of the Company in Woodbridge, Ontario Canada. If the Buyer fails to make payments to the Company in accordance with the terms hereof, the Company may at its option cancel all undelivered parts of any order by written notice to the Buyer. In the event of any cancellation of this order by either party, the Buyer shall pay to the Company the reasonable costs and expenses (including transportation costs and all commitments to its suppliers and subcontractors) incurred by the Company in connection with filling the buyer's order, prior to receipt of notice of such cancellation plus the Company's usual rate of profit for similar work.

Engineering Data

All engineering data, design information, engineering and shop drawings used in the completion of this order are the property of the Company.

Patents

The buyer acknowledges that the fulfillment of its order by the Company may require use by the Company of the buyer's patents or the patents of a third party and the buyer hereby covenants and agrees to indemnify and save harmless the Company from all damages, costs and expenses incurred by the Company in its defense to any action against it for patent infringement, or any similar action resulting from the Company's actions in fulfilling the buyer's order.

Returns

No equipment is to be returned without written authorization by the Company. In the event the Company agrees to accept the return, the buyer shall pay a restocking charge equal to a minimum of 30% of the order, or higher in the discretion of the Company, plus all transportation costs incurred by the Company as a result of the return.

Warranty and Limitation of Liability

All equipment is sold subject to the mutual agreement that it is warranted by the Company to be free from defects of material and workmanship BUT THE COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER THIS CONTRACT OR OTHERWISE. THE COMPANY'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO REPLACING OR REPAIRING WITHOUT CHARGE, AS ITS FACTORY OR ELSEWHERE AT ITS DISCRETION, any material or workmanship defects which become apparent within one year (except where the manufacturer gives a lesser warranty) from the date on which the equipment was shipped and the Company shall have no liability for damages of any kind arising from the installation and/or use of the apparatus by anyone. The Buyer by the acceptance of the equipment will assume all liability for any damages which may result from its use of misuse by the Buyer, his or its employees, or by others.
THE WARRANTIES OF THE COMPANY DO NOT COVER, AND THE COMPANY MAKES NO WARRANTY WITH RESPECT TO ANY DEFECT, FAILURE, DEFICIENCY OR ERROR WHICH IS:

NOT REPORTED TO THE COMPANY WITHIN THE APPLICABLE WARRANTY PERIOD OR

DUE TO MISAPPLICATION, MODIFICATION, DISASSEMBLY, ABUSE, IMPROPER INSTALLATION BY OTHERS, ABNORMAL CONDITIONS OF TEMPERATURE, DIRT OR CORROSIVE MATTER: OR

DUE TO OPERATION, EITHER INTENTIONAL OR OTHERWISE, ABOVE RATED CAPACITIES OR IN AN OTHERWISE IMPROPER MANNER.

THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.