SERVING SOUTHERN ALBERTA FOR OVER56YEARS!

Terms & Conditions

The following Terms and Conditions are to be made apart of all quotations, proposals and/or sales made by Airtherm Sales (1998) Ltd. or its duly authorized representative. Airtherm Sales (1998) Ltd. is also referred to as “the Seller”. The “Buyer” or “Purchaser” refers to any Buyer of the Airtherm Sales (1998) Ltd. represented products. The “Suppliers” refers to the Manufacturer of Airtherm Sales (1998) Ltd. represented product.

Airtherm Sales (1998) Ltd. is a manufacturer’s representative agent representing the various Suppliers listed in the quotation. Acceptance of any quotation, contract and/or sales made by the Seller is deemed to be acceptance of the Standard Terms and Conditions set forth by the various Suppliers represented herein.

  1. ACCEPTANCE AND ESCALATION: Upon acceptance of by the Buyer, the prices quoted will remain firm for thirty (30) days unless noted otherwise by the Seller. Prices are subject to change without notice prior to acceptance by Buyer. Quoted materials must be released into production within ninety (90) days after receipt of purchase order. If materials are not released withing ninety (90) days, the Seller reserves the right to requote materials which have been subject to escalation.
  2. PAYMENT: Terms of payment are subject at all times to the approval of the Seller’s Credit Department. Payment for goods shipped hereunder will be net 30 days unless otherwise agreed to in writing by the Seller. The Seller reserves the right to add a service charge of 2% of the principal amount per month (24% annual rate) to any outstanding accounts over 30 days. If collection becomes necessary, the Buyer will be responsible for the cost of collections, including reasonable attorney fees.
  3. TAXES: The amount of any present or future taxes applicable to the product shall be added to the price contained herein and paid by the Buyer in the same manner and with the same effect as if originally added thereto. Taxes are not included in quotations or proposals unless specifically noted. Quoted Prices Do Not Include Taxes. All Taxes and Tariffs Are Extra.
  4. PRODUCTION: The Buyer is responsible to return Approved Engineer Submittals back to the Seller and provide written authorization to release materials into production. The Buyer is responsible to verify and provide the Seller with any and all on-site or application specific requirements that are critical for the material or equipment being manufactured.
  5. CANCELLATIONS: Approved or Released orders are not subject to cancellation without the Seller and Supplier being reimbursed for any and all incurred expenses. Purchase Orders with unreleased materials are not subject to cancellation without the Seller being reimbursed for administrative expenses.
  6. SHIPPING: Suppliers lead times, shipment dates and delivery dates are estimates only. The Seller or Supplier cannot be responsible for damages or losses on account of delays in delivery due to any cause. Shipments are F.O.B. Factory at named shipping point with title passing to the Buyer upon delivery to the carrier by the Supplier. Shipments delivered to the Seller’s warehouse will be held for 10 business days starting on the date received. During this initial period, it is the Buyer’s responsibility to arrange for the pickup, handling and removal of received goods from the Seller’s warehouse. Shipments held after 10 business days, at the Seller’s discretion will be subject to either (a) storage fees at a rate of 2% of the order value per day; or (b) the items will be shipped to the Buyer’s site, warehouse or yard via Collect Shipping and the Buyer will assume all liability for the goods; or (c) the items will be subject to the Returned Goods terms and conditions (see Section 9).
  7. DELAYS: The Seller and Supplier shall not be liable for any delays caused by riots, strikes, labor troubles, fires, natural disasters, accidents, material or supplies procurement, or any other contingency beyond their control.
  8. FREIGHT CLAIMS: The Buyer is responsible to thoroughly inspect and make note of any losses, damages, or shortages when receiving shipments prior to signing and accepting the carriers Bill of Lading (BOL). Freight Claims without proper noting of losses, damages, or shortages on the carriers BOL will not be considered. If losses, damages, or shortages are properly noted on the BOL, the Buyer is responsible to inform the Seller in writing within ten (10) days after receipt of the goods and accompanied by reference to the bill of lading, factory order numbers and available shipment pictures. As all goods are shipped at customer’s risk, any claims for damage or shortage in transit must be filed by customer against the transportation company.
  9. RETURNED GOODS: All goods are considered Special order goods and are non-returnable except by written authorization of an authorized Officer of Airtherm Sales (1998) Ltd. At the Seller’s discretion, Authorized return goods will be subject to restocking, handling and/or administrative fees and must be returned as directed by the Seller in the original packaging and in its original condition.
  10. WARRANTY: Airtherm Sales (1998) Ltd. obligations and liabilities under this warranty are limited to coordinating the specific Supplier’s warranty with the Buyer of that Suppliers product or products. No liability whatsoever shall attach to the Supplier until products have been paid for in full and then said liability shall be limited to the purchase price of the equipment shown to be defective. In no event, shall Airtherm Sales (1998) Ltd. be liable for any incidental or consequential damages, resulting from the use, misuse, or inability to use the product. This exclusion applies regardless of whether such damages are sought based on breach warranty, breach of contract, negligence, strict liability in tort, or any other legal theory. Should Airtherm Sales (1998) Ltd. nevertheless be found liable for any damages, they shall be limited to the purchase price of the equipment.

IN CONCLUSION: All orders accepted by Airtherm Sales (1998) Ltd. and Suppliers are with the express condition that the Buyer agrees with the Standard Terms and Conditions appearing on the face and reverse side hereof. Airtherm Sales (1998) Ltd. and Suppliers’ failure to object to the provisions contained in the customer’s purchase order or other communications shall not be deemed a waiver of the Standard Terms and Conditions hereof or acceptance of such provisions. No representations or guarantees other than those contained herein shall be binding upon Airtherm Sales (1998) Ltd. and Suppliers unless made in writing and signed by an Officer of Airtherm Sales (1998) Ltd. and Suppliers.