Terms & Conditions of Sale Effective August 1, 2008
Quality Molded Plastics Ltd. (QMP) manufactures products and components (Goods) for a variety of applications using the plastic rotational molding manufacturing process. QMP sells its products and components to original equipment manufacturers and retailers (Purchaser).
The sales of QMP products are subject to the terms and conditions outlined in this document unless purchased under a current booking program, in which case the terms and conditions outlined in the booking program may supersede some of the terms and conditions outlined in this document.
To ensure greatest order accuracy QMP requests that the orders be emailed, faxed or mailed to QMP with complete information regarding the order. QMP will email, fax or mail a confirmation of the order with the expected ship date. The Purchaser is allowed 24 hours from receipt of the confirmation to advise QMP of any discrepancies on the order confirmation.
The prices charged will be the most current prices in effect. All prices are F.O.B. QMP’s Saskatoon, SK, facility. Any applicable duties and taxes are extra.
PAYMENT & TERMS
Payment is preferred by cheque, Visa or Master Card. However, most monetary instruments that are the equivalent to the payment amount in Canadian currency will be accepted. If paying with an instrument other than a cheque, Visa or Master Card, please verify that QMP can accept.
Unless the Purchaser has approved credit with QMP, payment will be required before the order is shipped.
To receive credit privileges, the Purchaser must complete a credit application and be approved by QMP.
If the Purchaser has approved credit, payment terms are net 30 days from date of invoice. Invoices not paid within 30 days are subject to a 1.5% per month interest charge. If payments on prior invoices are received later than 30 days from invoice date, QMP retains the right to change the payment terms or refuse to give credit on future orders.
While QMP endeavors to ship all goods on a timely basis, shipping time will depend on the type of product:
- Some of QMP’s Goods are full stock Goods which QMP usually keeps a sufficient quantity on hand to meet its Purchasers short term needs. Full stock goods normally ship within 1 week.
- Some of QMP’s Goods are limited stock Goods of which QMP may have limited or no quantity due to the lower volume and turn over or less predictable sales volumes. Limited stock Goods normally ship in 2 to 4 weeks.
- QMP does not keep made to order Goods on hand and shipping time is usually 4 to 6 weeks. Orders for made to order Goods cannot be cancelled or shipments thereof delayed.
- For orders where a custom mold must be fabricated, QMP will provide a projected ship date.
Shipment times may be longer during “peak season” periods due to the increased and often unpredictable demand experienced during these periods.
In order to ensure Goods availability QMP encourages the Purchaser to keep an appropriate level of inventory on hand and / or on order. QMP offers booking programs and will work with the Purchaser to develop a workable delivery schedule.
QMP will promptly notify the Purchaser of any Goods shortages and provide an estimate of the ship date. Unless otherwise advised by the Purchaser QMP will ship all in-stock Goods and back ordered Goods when available.
QMP is not liable for any damages, loss, claims or expenses of any kind caused by the delay in delivery or unavailability of Goods.
Goods will only be shipped to the Purchaser and deliveries will not be made to third parties.
Goods will be shipped by carrier of the Purchaser’s choice and shipping charges are the responsibility of the Purchaser.
Title and ownership of the Goods pass to the Purchaser immediately upon shipment from QMP.
QMP endeavors to ensure that all products comply with QMP’s in-house quality assurance requirements. QMP does not certify that its products meet the Purchasers quality assurance or other special requirements unless QMP has been notified of and agreed to these requirements.
WARRANTY AND WARRANTY RETURNS
QMP warrants, to the original purchaser, all Goods sold against defects in materials or workmanship for a period of two (2) years from the date of original purchase. During this period QMP will repair or replace a defective product or part, at its discretion, with a new or refurbished product without charge. No warranty shall apply when damage is caused or repair is required due to any of the following:
- Use of the product for other than the intended purpose or application it was designed for
- Use of an improper, inadequate or incorrectly installed fitting, mounting or support structure or ;
- Accident, alteration, abuse or misuse of the appliance or; fire, water, damage, theft, war, riot, hostility, or Acts of God.
These warranties and remedies are exclusive and all other warranties, express or implied, written or oral, including the implied warranties of merchantability or fitness for any particular purpose are excluded.
To receive warranty consideration, the Purchaser must send an itemized list of the Goods being returned for warranty and obtain a Returned Goods Authorization (RGA) from QMP before returning any Goods. Returned Goods must be shipped pre-paid and reference the RGA.
LIMITATION OF PRODUCT LIABILITY
QMP’s liability will not exceed the amount the Purchaser paid for the related Goods. QMP shall not be liable for any loss, damage (including without limitation, direct or indirect damages for personal injury, property damage, loss of business profits, business interruption, or any other pecuniary loss) or expense arising directly or indirectly out of the purchase, installation or operation of its products. In no event shall QMP be liable for special, indirect, incidental or consequential damages of any kind or nature due to any cause. QMP neither assumes nor authorizes any representative or other person to assume for it any obligation or liability other than is expressly set forth herein.
The Purchaser and any other related parties, further agree that, in the event QMP and the Purchaser are unable to resolve a dispute, and they choose to pursue a resolution through litigation, it will be commenced in the courts in the City of Saskatoon in the Province of Saskatchewan, Canada. and subject to the laws of the Province of Saskatchewan, Canada.