Overhead Door Co. of Regina (1973) Ltd. will sell the products specified on the purchase order on the condition that the purchaser (“Customer”) accepts these terms and conditions (“Sales Terms”). Overhead Door Co. of Regina (1973) Ltd. and Customer agree as follows:
- Acceptance and Contract. All orders are subject to acceptance by Overhead Door Co. of Regina (1973) Ltd. and may be rejected for any or no reason. Overhead Door Co. of Regina (1973) Ltd. acceptance of this order is also expressly conditioned upon Customer’s acceptance of all terms and conditions of these Sales Terms. The Sales Terms shall constitute the binding contract between Overhead Door Co. of Regina (1973) Ltd. and Customer concerning any goods ordered, purchased or sold through the Site. Unless approved in writing by Overhead Door Co. of Regina (1973) Ltd., no printed terms and conditions on any document issued by Customer (whether on any purchase order or otherwise), and no other changes, additions, or deletions to the Sales Terms, shall operate to change or supersede any of the terms and conditions herein stated. Any such terms and conditions on a form issued by Customer, or any such other changes, additions, or deletions proposed by Customer shall be void and the terms and conditions hereof alone shall prevail.
- Prices: The price for a product will be those in effect at the time Customer’s order is placed which will be specified during the checkout process or, as applicable, in Customer’s order confirmation e-mail.
- Taxes: Unless requires by law, taxes will not be included in Overhead Door Co. of Regina (1973) Ltd. price. Sales, use, consumption, storage or other taxes, if applicable, shall be paid by Customer.
- Payment: Unless Overhead Door Co. of Regina (1973) Ltd. agrees in writing otherwise, all purchases must be pre-paid before Customer’s order will be shipped, contact Overhead Door Co. of Regina (1973) Ltd. location to make payment. Any other payment and credit terms are expressly made subject to credit approval by Overhead Door Co. of Regina (1973) Ltd., which may be withheld or revoked at Overhead Door Co. of Regina (1973) Ltd. sole determination. If Customer fails to make any payment in a timely manner, Overhead Door Co. of Regina (1973) Ltd. shall have the right to, without limitation: (1) apply any funds and credits due Customer by Overhead Door Co. of Regina (1973) Ltd., or its affiliates, toward any such past due amount; and (2) decline to furnish labor or ship materials on any other account until such time as the past due amount is paid; and (3) charge Customer a service fee equal to the lesser of two percent (2%) per month on past due amounts or the maximum monthly interest rate permitted under applicable law. If any past due amounts are placed in collection, Customer shall pay Overhead Door Co. of Regina (1973) Ltd. all costs of collection including attorneys’ fees, interest, expenses, and any other costs incurred.
- Credit Cards: Visa and MasterCard are accepted as payment options. The proper billing name, billing address, card number, expiration date and security code must be provided when placing an order. Shipment will be made when the proper card authorizations have been obtained.
- Deliveries: Unless quoted or arranged with Overhead Door Co. of Regina (1973) Ltd. otherwise, all shipments are F.O.B. Overhead Door Co. of Regina (1973) Ltd. point of origin. All freight costs and risk of loss in transit are borne by Customer. Overhead Door Co. of Regina (1973) Ltd. makes no representation or commitment as to the time a delivery and/or installation will be made. Any time or dates are estimated and shall not be construed as a guarantee.
- Freight Claims: Overhead Door Co. of Regina (1973) Ltd. is not responsible for damaged freight; follow the guidelines provided by the freight carrier. Damaged freight on shipments arranged and prepaid by Overhead Door Co. of Regina (1973) Ltd. must be indicated on bill of lading at the time the freight is received at the delivery point by the freight company and reported to Overhead Door Co. of Regina (1973) Ltd. customer care department. Customer shall be responsible for inspecting shipments and reporting any missing or damages freight to customer care within 24 hours of receipt, or within 7 days of receipt for concealed freight damage. Customer expressly waives any freight claims that are not reported within the applicable reporting period. Provided timely notice has been made to Overhead Door Co. of Regina (1973) Ltd. and subject to Overhead Door Co. of Regina (1973) Ltd. approval, Overhead Door Co. of Regina (1973) Ltd. will ship replacement materials or parts standard ground at no charge, expedited shipping may be available at Customer’s expense.
- Returns: Products may be returned for credit or exchange only with Overhead Door Co. of Regina (1973) Ltd. prior written approval. All returns must be made within 90 days of the date the product leaves Overhead Door Co. of Regina (1973) Ltd. facility, and transportation charges on returned products must be prepaid by Customer. All returned products may be subject to a 25% restocking charge with credit based on price in effect at the time of the original sale. If Overhead Door Co. of Regina (1973) Ltd. is required to make any repairs or replace any parts to return damaged merchandise is a sellable condition, additional fees may be assessed.
- Closeout Promotions. Closeout offers are limited to stock on hand, while supplies last at Overhead Door Co. of Regina (1973) Ltd., and all sales are final. Photography may not reflect the actual product. Accounts must be in good standing to participate. A current closeout promotion cannot be combined with any other offer or be applied towards a past purchase. Overhead Door Co. of Regina (1973) Ltd. reserves the right to end a closeout promotion at any time. Other restrictions may apply, contact Overhead Door Co. of Regina (1973) Ltd. for more information.
- Change in Order: Errors in ordering are Customer’s responsibility. All order corrections must be communicated to customer care as soon as possible but no later than before Customer’s order has been shipped from Overhead Door Co. of Regina (1973) Ltd. facility, or a cancelation fee may apply. If custom goods have been placed into production, or have otherwise been shipped, Customer may be charged the full amount.
- Cancellation. In the event an order, or any part thereof, is cancelled, Customer shall be obligated to pay, at Overhead Door Co. of Regina (1973) Ltd. sole discretion, the portion of the order that has been delivered to Customer or that is in-process at the time of such cancellation or a 25% cancelation fee, whichever amount is greater.
- Warranty. If Overhead Door Co. of Regina (1973) Ltd. has posted a product specific warranty, Overhead Door Co. of Regina (1973) Ltd. will honor the terms of said product specific warranty. If Overhead Door Co. of Regina (1973) Ltd. has not provided Customer with a product specific warranty, Overhead Door Co. of Regina (1973) Ltd. will pass through the product warranty provided by the applicable manufacturer, if any. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OVERHEAD DOOR CO. OF REGINA (1973) LTD. NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PARTY OR PERSON TO ASSUME FOR IT, ANY OTHER OBLIGATIONS OR LIABILITIES IN CONNECTION WITH THE SALE OF THE GOODS HEREIN. Any labor costs to replace a defective part shall be at the Customer’s expense, Overhead Door Co. of Regina (1973) Ltd. warranties do not include an allowance for labor.
- Indemnification. To THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER SHALL INDEMNIFY AND HOLD OVERHEAD DOOR CO. OF REGINA (1973) LTD. HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES), INCURRED BY REASON OF ANY INJURY TO OR DEATH OF ANY PERSON, OR DAMAGE TO ANY PROPERTY, RESULTING FROM OR ARISING OUT OF ANY ACT, ERROR, OMISSION, NEGLIGENCE, OR MISCONDUCT BY CUSTOMER IN CONNECTION WITH THE GOODS SOLD HEREUNDER.
- Limitation of Liability. IN NO EVENT SHALL OVERHEAD DOOR CO. OF REGINA (1973) LTD. BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR SPECIAL, INDIRECT, COLLATERAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF OVERHEAD DOOR CO. OF REGINA (1973) LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR OTHER DAMAGES RESULTING FROM ANY DELAY, ACT, ERROR OR OMISSION OF OVERHEAD DOOR CO. OF REGINA (1973) LTD. OR ANY OF OVERHEAD DOOR CO. OF REGINA (1973) LTD. SUBCONTRACTORS. CUSTOMER’S REMEDIES AND OVERHEAD DOOR CO. OF REGINA (1973) LTD. LIABILITY TO CUSTOMER SHALL BE LIMITED IN ALL CASES TO THAT SET FORTH IN THESE SALES TERMS.
- Force Majeure. Overhead Door Co. of Regina (1973) Ltd. shall not be responsible for any failure or delay in performance caused by strikes, riots, war, governmental restrictions and regulations, acts of God, or any other delay beyond reasonable control of Overhead Door Co. of Regina (1973) Ltd. or any other contingencies beyond the reasonable control of Overhead Door Co. of Regina (1973) Ltd..