TERMS OF SALE

Claims MUST be made in writing within 25 days of shipment. All returns must refer to the corresponding invoice number.

No price adjustments will be made after date of shipment.

We warrant unencumbered title to the goods covered by this invoice. Buyer assumes the risk for results obtained by these goods, whether used alone or in combination with other products. EXCEPT AS STATED ABOVE, WE NEITHER MAKE NOR ARE SUBJECT TO ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS COVERED BY THIS INVOICE, INCLUDING WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, USAGE OR TRADE.

THE SOLE AND EXCLUSIVE REMEDY OF BUYER FOR DEFECTIVE GOODS OR SERVICES SHALL BE, AT OUR OPTION, REPAIR OR REPLACEMENT OF THE GOODS OR REFUND OF THEIR PURCHASE PRICE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, LIABILITY BASED UPON THEORIES OF BREACH OF WARRANTY - EXPRESS OR IMPLIED), TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY FOR ANY ACTUAL INCIDENTAL, CONTINGENT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR OUT OF THE GOODS PURCHASED, INCLUDING, WITHOUT LIMITATION FOR LIABILITY FOR LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS, COST OF CAPITAL, COST OF SUBSTITUTES, ADDITIONAL COSTS INCURRED BY BUYER OR CLAIMS BUYER’S CUSTOMERS OR OTHER THIRD PARTIES FOR DAMAGES.

If we refer this invoice to our attorneys for collection or enforcement, Buyer shall pay all such attorney’s reasonable fees, expenses and costs, without regard to whether a lawsuit is filed, including those incurred in trial or on appeal or in preparation for either.

The Purchaser acknowledges that with respect to all wood products sold, great care must be taken to ensure that the moisture content of the wood, as well as the relative humidity of the wood’s place of origin, place of storage, place of utilization, and place of ultimate use must be specifically considered by the Purchaser at every stage to ensure that the final product will be fit for its intended use. The Purchaser acknowledges that 603260 Ontario Inc has made no representations of any kind with respect to the suitability of its products for any specific uses, and that all questions of product suitability are determined by the skill and judgment of the Purchaser, and not the Seller. Furthermore, the Purchaser acknowledges that due to various factors, some products simply cannot be utilized in certain ways, no matter what precautions are taken.

We are not responsible for shortages in stopover cars or for damage resulting from insufficient bracing or other handling at stopover points. We are not responsible for delays in receipt of goods caused by events over which we have no control including, without limitation, the acts of others such as strikes, lack of transportation facilities, government embargoes, etc. and acts of God such as fire, earthquake, flooding etc. All arrival dates are estimates only.