Cornwall Power Equipment Co.
Division of 1618327 Ontario Inc.
Telephone No: (613) 938-8816 Toll Free: 1-800-363-0086
Fax: (613)938-4802 or E-Mail: info@cpec.ca
CONDITION OF SALES {QUOTATION} September 2004
1. For the purpose of the following conditions:
"CPEC" shall mean Cornwall Power Equipment Co. DIV. of 1618327 Ontario Inc., "Customer" shall mean the party to whom this price quotation is addressed on the quotation. "Merchandise" shall mean the equipment described on the quotation complete with all specified attachments.
2. The return of this price quotation to CPEC with the Customer’s acceptance of its terms, or the delivery to CPEC by the Customer of a purchase order pursuant to this quotation or any other written or telephone order on the part of the Customer shall constitute acceptance of all terms and conditions herein.
3. This price quotation shall be limited to the merchandise specifically described herein, in respect of sizes, quantities, otherwise, and any modifications, alterations, quantity increases or otherwise, shall be charged by CPEC to the Customer in accordance with CPEC’s price lists at the time of placing the order, or shall otherwise be agreed in writing.
4. Notwithstanding the description or the merchandise provided in this quotation, CPEC reserves the right to substitute the merchandise described with merchandise of similar size, specifications and quality.
5. The Customer hereby acknowledges that CPEC is a supplier of used electrical equipment and makes no representation as to the history or prior use of equipment save and except that all merchandise sold has been visualy inspected and tested in accordance with industry standards.
6. The Customer acknowledges that CPEC makes no representation as to the fitness or the merchandise for the use for which the Customer intends the merchandise to be used and the Customer shall have an inspection period of 10 days from the date of delivery to assess whether the merchandise is fit for the use intended by the Customer and the merchandise may be returned at the Customer’s expense, if the merchandise is not fit for the purpose intended by the Customer.
7. The merchandise is guaranteed for 12 months only after delivery against defective workmanship done by CPEC and material supplied by CPEC. Claims for repairs, under the guarantee must be made in writing to CPEC, at its address herein. No service under the terms of this guarantee may be rendered at any place other than at our factory or at one of our Authorized Emergency Service Stations. If it is necessary to return the merchandise for repairs or replacement, transportation charges one way for such return will be absorbed by the Customer, If any repairs or attempted repairs are made by unauthorized persons, then this guarantee becomes automatically null and void and CPEC will bear no further responsibility. In making this guarantee, CPEC assumes no responsibility for any economic loss or any other consequential damages arising from the operation failure of the merchandise for any reason whatsoever. CPEC’s liability shall in all cases be limited to the purchase price of the merchandise. CPEC recommends that the Customer obtain back-up equipment if the failure of the merchandise would result in substantial economic loss. No merchandise may be returned for credit or repairs under this guarantee without CPEC’s prior authorization.
8. Any contract entered into on the basis of this price quotation is not subject to cancellation by the Customer except by the mutual consent of the parties, and then only on terms that would indemnify CPEC from all losses arising from such cancellation. A 30% restocking charge will be levied on all returned merchandise and all transportation costs of such returned merchandise shall be prepaid by the Customer.
9. Delays in delivery by reason of any legislation or regulation or order of any government, strikes, lockouts, civil commotion or any act of war or any other factors such as shortage of materials or delivery delay beyond the control of CPEC shall not cause the termination of any contract made as a result of this price quotation and delivery of the merchandise shall be made without set-off or penalty to CPEC and Customer so agrees. Delivery dates quoted herein are only estimates and the Customer hereby agrees to grant CPEC such extension of time for delivery as shall be reasonable in the circumstances.
10. The Customer covenants and agrees to pay the purchase price at the office of CPEC as herein provided, together with a service charge at the rate of 2% per month after the due date for payment set out herein. The Customer further covenants and agrees to pay any and all costs of collection, including solicitor and his own clients basis.
11. Title and ownership in and to the merchandise shall remain in CPEC at the Customer’s risk until the entire purchase price, service charge and all costs are fully paid in cash including payment or any note extension given or judgment secured. The Customer will not part with possession of the merchandise and will keep the same in good condition and free and clear of all liens and encumbrances. CPEC may pay any lien or encumbrance upon the merchandise and add the amount thereof to the amount hereby secured and the amount secured shall fall due and payable forthwith.
12. The Customer expressly waives any action, cause of action, claim or demand with CPEC or its agents may do or leave undone in connection with the repossession of the merchandise and releases and discharges CPEC of and from all actions, causes of action, claims and demands of every nature and kind which may arise as a result of any action of CPEC or its agents in connection with this contract, or the merchandise, its possession or resale or the condition or use thereof.
13. The Customer warrants that any trade-in, if any, is its property, free and clear of all liens, charges and encumbrances except as declared and agreed, if any lien, charge or encumbrance affects the trade-in, CPEC may at its discretion, pay the amount of such lien, charge or encumbrance and charge the same to the purchase price.
14. There are no representations, collateral agreements, conditions or warranties, expressed or implied, statutory or otherwise, on the part of CPEC with respect to the merchandise or this price quotation or any contract resulting there from or any other matter affecting the rights of the parties other than as specifically contained herein or attached hereto.