SIGNODE CANADA / ACS TERMS AND CONDITIONS OF SALE FOR CONSUMABLES & HAND TOOLS
The following Terms and Conditions are those under which Signode Canada / ACS (“Signode”) offers to sell its products (“Products”). The sale of said Products is expressly limited to, and made conditional upon, Purchaser’s acceptance of these Terms and Conditions. These Terms and Conditions shall be the exclusive terms and conditions under which said Products are sold and cannot be modified or amended except in a separate document executed by an authorized representative of Signode. No terms and conditions of any purchase order or invoice of Purchaser utilized in connection with the purchase of Products shall, even if expressly so stating, be deemed to override these Terms and Conditions.
PRICING AND TERMS OF PAYMENT
Pricing shall be set forth on Signode’s current price list applicable to you and terms of payment shall be net 30 days. Purchaser will also be additionally charged for all applicable sales, use, excise and other similar taxes.
SHIPMENT, TITLE TRANSFER AND RISK OF LOSS
All deliveries of Products shall be F.O.B shipping point. Shipment dates are approximate. If the shipment date is delayed at the request of Purchaser, Signode shall have the right to invoice Purchaser on the date Signode is prepared to make shipment and charge Purchaser for storage at the rate of 5% of the purchase price per month until shipment is made. Title will be transferred to Purchaser upon Signode’s receipt of full payment.
WARRANTIES AND LIMITATIONS
- Signode warrants that for a period of
- one (1) year from the date of shipment for Signode special and/or general purpose equipment;
- six (6) months for related Signode consumables (strapping and seals) from date of shipment;
- ninety (90) days for Signode replacement parts (including conversions) from date of shipment; or
- One (1) year for Signode tools from date of shipment
product sold to Purchaser by Signode will be free from defects in material and workmanship under normal use. During said Warranty period, Signode agrees to replace free of charge any Signode manufactured or purchased part or component which is determined to be defective. Signode may require that the defective part or component be sent to Signode, or its designated authorized representative, freight or postage prepaid. If Purchaser requests that Signode remove and/or replace said part or component, Signode shall have the right to charge Purchaser for such work at Signode’s regular service rates. Repairs to products must be made by a Signode authorized service representative; by Purchaser’s employees trained by Signode who apply Signode approved repair procedures; or in accordance with repair procedures set forth in the Product Service Manual provided by Signode.
- Signode warrants that for a period of thirty (30) days from the date of services provided, the products repaired will be free from defects in material and workmanship when under normal and intended use.
- This Warranty extends only to the original purchase from Signode and is not transferable.
- Signode warrants and represents that the products when used in accordance with instructions provided by Signode, will not infringe any patent or other proprietary right of any third party.
THESE WARRANTIES ARE EXPRESSLY CONDITIONED ON:
- THE PROPER INSTALLATION OF EQUIPMENT AS SUPERVISED BY AN AUTHORIZED SIGNODE SERVICE REPRESENTATIVE.
- EQUIPMENT AND TOOLS REPAIRED BY AN AUTHORIZED SIGNODE SERVICE REPRESENTATIVE.
- PURCHASER FOLLOWING THE SIGNODE PRESCRIBED MAINTENANCE SCHEDULE, OPERATING AND OTHER INSTRUCTIONS.
FAILURE TO FOLLOW THE ABOVE EXPRESS CONDITIONS SHALL VOID ALL WARRANTIES OTHERWISE APPLICABLE TO THE PRODUCTS OR SERVICES.
SIGNODE EQUIPMENT AND TOOLS ARE DESIGNED, MANUFACTURED AND TESTED USING SIGNODE MANUFACTURED STRAPPING, SEALS AND PARTS. USE OF NON-SIGNODE MANUFACTURED STRAPPING, SEALS AND REPLACEMENT PARTS WILL VOID ALL WARRANTIES OTHERWISE APPLICABLE TO THE PRODUCTS OR SERVICES. SIGNODE PRODUCTS THAT ARE MODIFIED OR ALTERED BY A PARTY OTHER THAN SIGNODE, MISUED OR ABUSED, SHALL ALSO VOID ALL WARRANTIES OTHERWISE APPLICABLE TO THE PRODUCTS OR SERVICES.
DISCLAIMER OF FURTHER WARRANTIES
SIGNODE’S WARRANTIES AND REPRESENTATIONS ARE SPECIFICALLY LIMITED TO THOSE SET FORTH ABOVE. SIGNODE MAKES NO WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIGNODE MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED. IN NO EVENT SHALL SIGNODE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS OR GOODWILL, INCREASED COSTS OF OPERATIONS, OR COST OF SUBSTITUTE GOODS) EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES, WHETHER OR NOT BASED UPON SIGNODE’S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILTY IN TORT OR ANY OTHER CAUSE OF ACTION.
CONFIDENTIAL AND PROPRIETARY INFORMATION
Specifications, drawings, manuals and other technical information relating to the Signode Products provided by Signode to Purchaser contain proprietary and confidential information (“information”) of Signode. Purchaser shall not disclose, give, lend, exhibit or sell the information to third parties, or use the information other than for the operation and maintenance of the Products as instructed by Signode, without the prior express written permission of Signode.