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. |