Element International Trade Inc.
General Terms and Conditions of Sale
The following terms and conditions of sale shall apply to any sale of goods and services by Element International Trade Inc. (hereinafter called “Element“). Purchaser shall be deemed to have full knowledge of the terms and conditions herein and such terms and conditions shall be binding if either the goods and services referred to herein are delivered to and accepted by Purchaser, or if Purchaser does not within five days from the date hereof deliver to Element written objection to said terms and conditions or any part thereof.
All orders are subject to acceptance in writing by Element International Trade Inc. (Element), which shall constitute the binding contract for the goods ordered (the GOODS). The contract is subject to the following terms & conditions, which shall prevail over any other terms of the customer or otherwise. They cannot be varied other than by the express written agreement of the company.
The technical specification of the goods will (unless otherwise agreed in writing) be in accordance with the Element’s standard specification for goods of that kind at the date of dispatch. All specifications are subject to usual manufacturing tolerance.
Delivery dates are quoted or accepted in good faith, but are not guaranteed unless so stated on the Element’s order acknowledgement and in no circumstances shall the seller be liable for any loss or damage sustained by the buyer in the consequences of failure to deliver by such a date or otherwise of any delay in delivery. Buyer is responsible for all storage and insurance charges relating to Buyer’s failure to accept the goods by any date quoted or requested or (if none) within 1 month.
The risk in the goods will pass at the time of delivery.
5 TITLE RETENTION:
Until full payment of monies due by the customer to the Company
1. The title in the goods will not pass to the customer
2. The customer shall store the goods in a proper manner suitable to the type of goods involved.
3. Goods must be clearly identifiable as the property of Element.
4. The customer irrevocably authorizes Element, it’s servants, agents or otherwise to enter the premises where the said goods are in the event of:
a. Any distress or execution is levied upon any of the assets of the customer and / or
b. The commencement of legal proceedings against the customer for the purposes of insolvency / bankruptcy and / or
c. A receiver be appointed over the whole or any part of your undertaking and / or
d. The calling of any creditors meeting of the customer.
e. The customer or any person acting on behalf of the customer must not sell or otherwise dispose of the goods without prior consent in writing from the Company.
11 SELLERS WARRANTY:
No warranty or guarantee expressed or implied is made regarding the performance of the product since the manner of use and handling is beyond our control.
12 USED BAGS:
It is the responsibility of the customer to examine the goods and its past contents upon delivery. Element cannot hold any responsibility for any past contents retained in second hand goods, or its performance. There are no valid certification with these goods and therefore no claim can be made against Element.
13 THE AGREEMENT
An acceptance and official confirmation of Purchaser`s order by Element International Trade Inc. shall constitute the complete agreement, subject to the terms and conditions of sale herein set forth, and shall supersede all previous quotations, orders or agreements. The law of the Province of Quebec shall govern the validity, interpretation and enforcement of these terms and conditions of sale and of any contract of which these terms and conditions are a part.
6 TERMS OF PAYMENT:
Strictly net monthly. Unless otherwise agreed in writing by the Element
7 INTEREST CHARGE:
8% per month will be charged on all monies owing for 2 months and over as shown on our invoice.
7a any legal costs incurred to recover payments will be added onto the customer’s account
It is the responsibility of the customer to examine the goods immediately upon delivery. Any shortages or damage must be notified on the delivery sheet / note.
We take no responsibility for loss or damage unless:
1. Any shortage or damage has been reported to Element within 7 days from receipt of goods.
2. A clear signature has been given on the delivery note and / or notification in writing of any damage or shortages is sent to the carriers and also Element.
3. Notification in writing of non-delivery is sent to us within fourteen days of receipt of invoice.
4. The carrier’s conditions have been complied with by the consignee or customer
5. Certification is N/A on used Bags.
9 RE-STOCKING CHARGE:
A 25% restocking charge will be made in respect of current stock items returned at consignees cost as incorrectly ordered by the consignee / customer.
We will not accept the return of any goods specially ordered or manufactured to the requirements of the customer.
10 PRODUCT WARRANTY:
Our Product ( FIBC – Flexible Intermediate Bulk Container ) is warranted to the original purchaser to be free of defects and material workmanship. Original purchaser`s sole remedy is manufacturer`s repair or replacement of the product ( FIBC ) demonstrated to be defective for up to one hundred eighty (180) days from date of delivery, at Manufacturer`s option. This warranty is only for the initial use of FIBC. Warranty is rendered void by misuse or mishandling. Seller shall not be liable for any injury, loss or damage, direct or consequential, arising out of the use or the inability to use the product. Before using, user shall determine the suitability of the product for this intended use and user assumes all risk and liability whatsoever in connection therewith. The foregoing may not be changed except by an agreement signed by an authorized officer of seller.