Terms and Conditions of Sale

1. General

Except where otherwise agreed to in writing by Canplas all sales are subject to the following terms and conditions.  Canplas reserves the right to modify these terms and conditions at its discretion and without notice.

2. Prices

All prices quoted or published are F.O.B. Canplas’ factory or authorized warehouse. Published prices are subject to change without notice until orders are accepted by the issuance of an order confirmation. Canplas may agree in writing to protect prices for an extended period of time for specific projects or quotations. Orders may be shipped in whole or in part at Canplas’ discretion and will be immediately invoiced upon shipment. Any and all sales, manufacturers’ taxes and/or other charges levied or imposed by any governmental authority, foreign or domestic, upon any merchandise sold or contracted to be sold shall be paid by the purchaser and added to the purchase price unless satisfactory and appropriate tax exception certificates are supplied to the Seller.

3. Payment Terms

Unless other terms of payment are agreed to in writing by Canplas or otherwise indicated on specific published price lists, payment is due upon delivery of the products. If applicable, cash discounts, expressed as a percentage, are calculated on the net invoiced prices before any taxes, freight or other charges and can only be deducted from payment if Canplas receives payment from the purchaser on or prior to the due date. Interest shall be charged at a rate of 1.5% per month equating to an annual rate of 18% on all overdue accounts. The granting of credit by Canplas is based on its evaluation of the purchaser’s financial condition. If such financial condition does not justify continuance of shipment on credit, Canplas may require full or partial payment in advance.

4. Orders

Purchaser’s orders are conditional upon satisfactory credit approval by Canplas. Minimum order values shall be as published in the applicable price list or as agreed to in writing by Canplas. Once confirmed by Canplas, orders for custom made products manufactured to the Purchaser’s specifications and orders for large quantities of non-inventoried products cannot be cancelled, modified or returned, without the written consent of Canplas.

5. Shipments

All shipments are F.O.B. Canplas’ factory or authorized warehouse. Quoted delivery schedules or those contained in an order acknowledgement are approximate only.  Shipment will be made within reasonable proximity to the quoted delivery schedule. Prepaid orders will be shipped via the most economical method at the discretion of Canplas.  Should the customer select an alternative method with a higher rate, the difference will be charged to the customer

6. Shipping Responsibility

Canplas’ responsibility ceases when the carrier signs for the shipment in good order. Under no circumstances will Canplas be responsible for any damage caused by delays in shipment, whether resulting from causes within or beyond the control of Canplas. Canplas shall bear no liability for products lost or damaged during transit. Canplas is not responsible for loss or damage to goods in transit, or delays or carriers in delivering shipments or for damages resulting from such delays as those caused by fire, explosion, act of God, strike or other difference with workmen, shortage of material or labor, delays in transportation, government restrictions, war, riot, civil commotion or cause beyond our control. Where shortage or damage is apparent, details should be noted by the carrier on the freight bill at the time of delivery. In case of concealed damage, carrier should be called at once to inspect the damaged shipment. Do not return damaged goods.

7. Returned Goods

Prior to returning any products for any reason the purchaser must obtain a Returned Goods Authorization (RGA) form from Canplas which must accompany the goods being returned. For returned goods that are acceptable for credit, a restocking charge of twenty-five percent (25%) will be assessed against the credit to cover handling, inspection and/or repackaging. Products must be returned freight prepaid, unless otherwise authorized by Canplas. Products must be received in good saleable condition and, if required, in full carton quantities and in their original packaging. Canplas reserves the right to refuse the return of certain products, such as custom-made configurations, obsolete products, excessive quantities or other specialty products. Canplas may, at its discretion, direct that products be destroyed for credit rather than returned.

8. Product Modifications

Canplas reserves the right to make changes or improvements to its products in its sole discretion and without assuming any further obligation.

9. Force Majeure

Canplas shall not be responsible or liable for any non-performance or delay in performance hereunder or any loss or damage of any kind whatsoever, direct or indirect, suffered by the purchaser, subsequent purchasers, ultimate users of the goods or any other person, as a result of any causes beyond the reasonable control of Canplas including, without limitation, price alterations, delay in shipments, strikes, lock-outs, fires, floods, civil commotion, riots, wars, acts of God, embargos, labor shortages, walk-outs, work slowdowns, accidents, breakdowns, delays in manufacture, transportation or delivery of goods or materials, shortages of materials or supplies or government acts or regulations.

10. Miscellaneous

Product names used in Canplas published documents, electronic or printed, are for identification purposes only.  All trademarks registered or otherwise, are the property of their respective owners.

11. Governing Law

This agreement and all associated rights and obligations shall be governed by the laws of the province of Ontario and all actions commenced pursuant hereto shall be brought in a court of jurisdiction residing in the province of Ontario.

12. Warranty

Canplas products are carefully inspected for manufacturing defects, however, it is not always possible to detect hidden defects. Unless otherwise specifically stated in writing, Canplas products are warranted only to the extent that Canplas will replace without charge, products proven to have manufacturing defects within 6 months of the date of delivery thereof and provided Canplas has been given an opportunity to inspect the product alleged to be defective and the installation or use thereof. NO WARRANTY IS INCLUDED AGAINST ANY EXPENSE FOR REMOVAL, REINSTALLATION OR OTHER CONSEQUENTIAL DAMAGES ARISING FROM ANY DEFECT. THE WARRANTIES SET OUT ABOVE ARE THE ONLY WARRANTIES MADE BY SELLER AND ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A  PARTICULAR PURPOSE.