Terms of Sale

Orders:
Orders are subject to acceptance by Ozkon.

Prices:
Ozkon quoted prices are good subject to prior sale unless otherwise stated. Prices quoted are for products only and do not include taxes and any other charges, shipping charges and duties imposed by any government or non-governmental agencies. Customer is responsible for any additional fees and taxes.

Payment:
Payment has to be made for total invoice amount, without offset or deduction. Payment will be made by cheque, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Ozkon.

Delivery and Title:
Title and risk of loss of sold products pass from Ozkon to Customer on shipment from Ozkon's facility to the carrier. Customer is responsible for all shipping costs and any applicable charges. Ozkon delivery dates are estimates only and Ozkon is not liable for delays in delivery. Ozkon reserves the right to make partial shipments and customer will accept delivery and pay for the products delivered. A delayed delivery of any part of an order does not entitle customer to cancel other deliveries.

Acceptance of products and product returns:
Customer must notify Ozkon in writing of any damage, shortage, or other discrepancy to products within 10 days after delivery. After the 10th day customer is deemed to have accepted the products and may not revoke acceptance. Customer cannot return products without a return material authorization ("RMA") number - please see ‘Ozkon Product Return Policy” for details. At Ozkon's discretion, Ozkon will return all products not eligible for return to customer freight collect, or hold product for customer's account at customer's expense.

Warranty:
Ozkon extends one year limited warranty for the products it sells. If products do not meet manufacturer's specifications, Ozkon has the option to (1) repair the products, (2) replace the products at no cost to customer; or (3) refund customer's purchase price. Customer must return products to Ozkon, along with proof of purchase, within 30 days from date of delivery.

Forces beyond control:
Ozkon is not liable for failure to fulfill its obligations for any accepted order or for delays in delivery due to causes beyond its reasonable control, (for example: acts of God, acts or omissions of the customer, man-made or natural disasters, materials shortages, strikes, acts of terrorism, delays in transportation, or inability to obtain materials through its regular sources).

Use of products:
Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If customer uses or sells the products for use in any such applications, Customer acknowledges that such use or sale is at customer's sole risk.

Export/Import:
Certain products sold by Ozkon may be subject to export control laws, regulations and orders of Canada and the United States and the export or import control laws and regulations of other countries. Customer will not directly or indirectly export or divert any products to any third party or country where such export or transmission is restricted or prohibited. Customer agrees he is responsible to obtain any license to export, re-export, or import as may be required.

Product Information:
Product information, including information related to a product's specifications is obtained by Ozkon from its suppliers or other sources. Such information is provided by Ozkon on an "AS IS" basis. Ozkon makes no representation as to the accuracy or completeness of the Product information, and disclaims all representations, warranties and liabilities under any theory with respect to the product information, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Ozkon recommends customer validates any product information before using or acting on such information.

General:
The laws of the Province of Quebec and Canada will exclusively govern any dispute between Ozkon and customer.

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