TEAM TUBE A DIVISION OF RELIANCE METALS CANADA LIMITED CONDITIONS OF CONTRACT
In these conditions, the "Buyer" means Team Tube a division of Reliance Metals Canada Limited, The "Seller" means the body corporate, firm or person by which the goods are supplied and the "goods" means those described in the Buyer's Purchase Order.
Prompt written acknowledgement of this purchase order is required.
The Seller shall quote the Buyer's purchase order number on all correspondence and contractual documentation
If Seller fails to make deliveries in accordance with the terms of this contract, the Buyer shall have the option to terminate this contract in whole or in part and to return, at Seller's expense, or refuse to accept goods shipped. Seller shall indemnify Buyer against loss resulting from such default provided; however, Seller shall not be liable for delay arising from causes beyond its reasonable control if notice in writing thereof is promptly given to the Buyer.
The Buyer may identify any non-conforming goods at any time, beginning with, and after initial inspection. The Buyer will assess any such non-conforming goods and may issue a claim for compensation. Payment may be withheld until the claim has been settled.
The warrant shall apply to the Buyer, its successors, assigns, customers and the users of its products.
TEAM TUBE A DIVISION OF RELIANCE METALS CANADA LIMITED CONDITIONS OF CONTRACT
In these conditions, the "Seller" means Team Tube a division of Reliance Metals Canada Limited. The "Buyer" means the body corporate, firm or person by which the goods are purchased and the "goods" means those described in the Buyer's purchase order.
Acceptance of the Buyer's order by the Seller is expressly made conditional on the Buyer's assent to these terms and conditions of sale, evidenced either by the Buyer's written acknowledgement or by conduct that recognises the existence of a contract with respect to the goods described in the Seller's acknowledgement or invoice.
Any costs or loss of profits incurred by the Seller out of the cancellation, alteration or suspension of this contract shall be paid by the Buyer. Any returns permitted by the Seller must be shipped to the Seller prepaid and must be in prime resale condition. Materials cut to the Buyer's specifications are not returnable.
All quotations, oral or written, are provided by the Seller without obligation and all goods offered are subject to prior sale unless otherwise specified in writing.
If the Buyer fails to take delivery promptly, the goods when made available will be at the Buyer's risk and expense. The Seller may then (but shall not be bound to) take steps at the Buyer's expense to store, protect and insure the goods.
Until the first of such events the Buyer shall in all respects treat and deal with the goods as depositary/bailee of the Seller with permission to use the goods and shall store the goods so that they are readily identifiable as the property to the Seller. During such period (and without prejudice to its other rights) the Seller shall be entitled to enter any premises to inspect the goods and if the Buyer shall fail to make due payments for them, to retake and re-claim the goods. For the purposes of this condition, cutting, chroming, bending or machining of goods shall not constitute the manufacture of a product or products. Until full payment has been made, the Buyer shall not be entitled to dispose of any goods (by sale or otherwise) to the holding body corporate of the Buyer or to any subsidiary of the Buyer or of such holding body corporate. Under no circumstance shall the Seller be liable to the Buyer for any expenses or any damage which the Buyer may incur or suffer while acting as the depositary/bailee of the Seller.
The Buyer hereby appoints the Seller to execute all documents and do all things on its behalf in order to perfect and give full effect to the reservation of ownership rights or security interests of the Seller pursuant to this Section and to maintain such rights or interests enforceable against third parties in all Canadian Provinces where the goods may be situated.
In the event of non-conformity as aforesaid, the Buyer's sole and exclusive remedy will be limited to, at the Buyer's option, the repair or replacement of any non-conforming goods or to the repayment of the portion of the purchase price paid by the Buyer attributed to the non-conforming item.
Although employees of the Seller are available for consultation concerning the selection of goods and required specifications, they are not authorized to warrant the suitability of any goods for any particular use or application.
In particular, and without limitation, Seller shall not be liable for any interruption, disruption or delay in manufacture or delivery of goods due to, or arising out of , the inability of the computer-related systems of Seller's suppliers and/or customers to process, provide or receive date data correctly.
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