SALES TERMS J HEARN PIPE LTD.
J Hearn Pipe Ltd. Doing business as JHP.
The terms and conditions of JHP’s sale of products are as follows:
1. ACCEPTANCE OF ORDERS: Prices are based on written, authorized JHP quotes. A quote is an invitation to Buyer to tender an offer at the quoted price. Orders are accepted only on written acknowledgement by an authorized JHP representative and are conditioned on Buyer’s agreement to all the terms and conditions stated herein (“Terms”)
2. FREIGHT AND SHIPPING: All quotes are F.O.B. shipping point unless otherwise specified.
3. CREDIT: All orders and shipments are subject to credit approval. JHP reserves the right to require advance payment.
4. SPECIAL ORDERS: Orders for special non-stock product may require a deposit. A cancellation charge may apply on orders of a special nature.
5. TERMS OF PAYMENT: Payment terms, including any discount for prompt payment, will be specified in JHP’s invoice. All payments shall be made by Buyer without setoff. Buyer is responsible for payment of any tax or other charge imposed by governmental authorities.
6. LATE PAYMENT PENALTIES: Payments received after the due date shall be subject to a late payment charge of 1.5% per month (18% per year) until the outstanding balance, including accrued late payment charge, is paid in full, plus collection costs.
7. WARRANTIES: Manufacturers warranties are extended on applicable products. We do not provide further guarantees or warranties. In no event will JHP be responsible or liable for any special or consequential damages, or expenses incurred by the use of any products.
8. CLAIMS:
8.01 All claims for damage or shortage in transit shall be handled with the carrier by buyer. If the damage or shortage is ascertainable on arrival, buyer and/or receiver must make a detailed note on the bill of lading before signing it, and immediately notify the carrier. The carrier must sign the bill of lading with noted damage. In the event that the damage or shortage is not ascertainable on arrival, buyer must notify the carrier within 10 days of receipt so that an inspection may be made by the carrier. JHP will not be liable for any damage or shortage caused by a carrier.
8.02 All other claims under these Terms or in connection with the sale of products must be made within thirty (30) days of the date of the invoice for the product. The sole and exclusive remedy for any such claim, and the sole and exclusive obligation of the manufacturer in respect of any such claim, shall be, at their sole discretion, (1) the replacement of the same type, size and like quantity of applicable product, at the original point of delivery, or (2) credits, offsets, or a combination thereof as agreed by the manufacturer. In no event shall JHP be liable for lost profits, loss of goodwill, loss of business opportunities, damage to reputation, special damages, indirect damages, delay damages, punitive damages, exemplary damages, consequential damages or incidental damages.
8.03 Buyer shall notify JHP immediately of any claim so that manufacturer has an opportunity to investigate. Neither JHP nor its manufacturers shall have an obligation to honour any settlement made by buyer with its customer without prior written consent.
9. END USE AND WARNINGS: Buyer agrees to deliver to the end user The Manufacturers Limited Warranty and Limitation of Liability together with all product warnings. Buyer shall defend and indemnify JHP from any claims resulting from a failure to deliver such documents and warnings.
10. RETURNED GOODS: Buyer must obtain written approval before returning any products to the manufacturer.
11. GOVERNING LAW: These Terms shall be governed by the laws of the Province British Columbia, without regard to its conflicts of law principles that would require the application of the law of any other jurisdiction.
12. ADMINISTRATION: JHP reserves the right to revise these Terms without notice at any time.
REV.121909JH
