General Terms and Conditions
General: All orders for equipment supplied by Carney Fabricating, (Herein after referred to as the “Company”) shall be subject to these conditions of sale. Price quotations by the Company are subject to change without notice, are not effective unless signed by an executive of the company and expire fifteen (15) days from their date. No modifications or additional conditions, either oral or written, will be binding on the Company unless agreed to in writing and signed by an authorized officer of the Company. The terms and conditions of this contract are subject to the laws and regulations applicable in the province of Ontario and any legal matters shall be dealt with in the courts within the province of Ontario.
Taxes and Government Regulations: The Company’s prices do not include sales, excise or similar taxes, resulting from government tax or regulation of industry. The purchaser shall pay in addition to the Company’s price the amount of any such taxes that the Company is required to pay.
Payments and Terms: Payment is to be made in Canadian funds; terms shall be outlined on the proposal, and will be subject to the Company’s credit approval. If all of the shipment is not shipped at the same time, payments shall become due on a pro rated basis for partial shipments. Any default in payment shall excuse the Company from further performance under all contracts with the purchaser.
Acceptance: No order or other proposal shall be binding upon the Company until accepted in writing by an authorized officer of the Company.
Changes: The Company will not accept changes to specifications unless the purchaser agrees in writing to pay in addition to the original purchase price a sum to be determined by the Company.
Cancellation: Inasmuch as the equipment will be provided for the purchaser’s specific purposes, any order when placed with, and accepted by the Company, is not subject to cancellation except by the mutual agreement. Cancellations are subject to reasonable charges, based on expenses defined by the company (sales, design, administration, materials, labour, testing, overheads) incurred by the Company.
Delivery: Dates of delivery are approximate only, but the Company will attempt to meet them where possible. The Company shall not be liable for delays in manufacture or delivery, or failure to manufacture or deliver due to causes beyond its reasonable control, including but not limited to strikes, riots, accidents, governmental interference, embargoes, material shortages, fuel, labour, supplies, weather or transportation, or due to any cause of a like or different nature beyond its control. Demurrage charges or expense of protecting and storing the equipment prior to installation, unless otherwise stated, shall be for the purchaser account.
Risk and Title: Equipment shall be at risk of the time of delivery to the carrier and the customer. The Company is not responsible for any damages to or loss of equipment occurring thereafter. Title to the equipment shall not pass to the purchaser until payment has been made in full, and default in payment shall entitle the Company to retake possession thereof.
Pre-Test inspection and warranty period
Every major item of equipment manufactured by Carney Fabricating is inspected and tested before shipment and is guaranteed against defects in workmanship and material for a period of 6 months from the date of delivery to the user (October 2011).
The liability of Carney Fabricating under the conditions of the warranty is expressly limited to the cost of repair or replacement of any part found to be defective F.O.B. our plant or warehouse, Brampton, Ontario, Canada.
The obligation of Carney Fabricating under the warranty is conditional on the prompt receipt of written notice of the claim within the warranty period, including details of the task or tasks performed by the Carney equipment and the weights and capacities of any other items directly attached.
Prior approval must be obtained in writing from Carney Fabricating for any inspection, adjustment, repair and/or replacement under warranty, either at the Carney Fabricating plant, or at the customers or other location. Items to be returned to Carney Fabricating must obtain a return approval number from Carney Fabricating prior to shipment and must be returned by prepaid freight. The item must be paid in full to be eligible for warranty.
Any adjustments to be made under the warranty at any location other than the Carney Fabricating plant must have complete and prior written approval from Carney Fabricating, which must include approval of the nature of the adjustment and all parties performing any or all of the work involved. Repairs performed by anyone without the prior approval of Carney Fabricating will invalidate and void the warranty.
There is no warranty, express or implied, of suitability, merchantability or fitness of any piece of equipment for any particular purpose or operation. The warranty applies only to equipment manufactured and warranted by Carney Fabricating under normal use and service and does not apply in the event of any damage caused by neglect, accident or abuse or resulting from any alteration to the equipment without prior specification approval from Carney Fabricating.
Carney Fabricating will not be liable for any loss, expense or consequential damages sustained by any person or organization by reason of any defect in a piece of equipment manufactured by Carney Fabricating or any part thereof except as stated herein or for labour directly incurred in the repair or replacement of a defect covered by warranty.
Warranty claims involving items which are not specifically manufactured by Carney Fabricating are the responsibility of the manufacturer of the item and claims on these items will be directed to the manufacturer responsible.
It is the responsibility of the customer to inspect all items of equipment immediately upon receipt and notify both the carrier and the shipper of any claims resulting from shortages or damage and to provide all the documentation required to establish the claim.
Maximum liability is limited to and in no case to exceed the value of unit manufactured and warranted by Carney Fabricating.