This agreement contains the terms and conditions that apply to purchases from WINTERS INSTRUMENTS (WINTERS) on all orders for product. These conditions apply unless otherwise specifically agreed to in writing.
Paragraph titles are for reference only.
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Sales Tax
WINTERS is required to charge taxes and levies on every item where applicable by local law. For items which have sales tax exemption certifications an appropriate number will need to be provided. When ordering please indicate which items are exempt.
Payment Terms
Terms of payment are net thirty (30) days from the date of invoice. All payments must be made in the currency stated on the invoice. WINTERS shall have the right to set-off and deduct for any sums owed. If payment is made after thirty (30) days, WINTERS may defer shipments until such payment is made, or may, at its option, cancel all or any part of an unshipped order. Interest will be charged on overdue accounts at 2% per month (26.8% per annum).
Credit Balance
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation and WINTERS shall have no further liability.
Freight Policy
Freight is FOB WINTERS unless otherwise stated. Any extra charges incurred for extra services must be paid by the customer. Title to product or risk of loss of the product pass to the carrier at time of shipment.
Limited Warranty
Any liability for indirect, consequential or incidental damages is expressly disclaimed by WINTERS. WINTERS’ liability in all events for damages, losses and causes of action (whether in contract, tort, including negligence, or otherwise) shall be limited in the aggregate to, and shall not exceed, the purchase price of the product.
Prompt Disposition
WINTERS will make a good faith effort for prompt correction or other adjustment with respect to any product which proves to be defective within the warranty period.
Product Suitability
Many localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighbouring areas. While WINTERS attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and local codes and regulations, to be sure that product, installation, and use will comply with them.
Force Majeure
WINTERS shall not be liable for any delay in, or impairment of performance resulting in whole or in part from fires, floods, accidents, riots, acts of God, war, invasion, sabotage, governmental interference, strikes, labour difficulties, shortages of labour, fuel, power, materials or supplies or any other cause or causes beyond reasonable control of WINTERS in the conduct of its business.
Cancellations or Returns
Any cancellation or returns must be approved by WINTERS and may be subject to restocking and other charges.
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