Terms And Conditions of Sale
The “Company” hereby agrees to sell to the Customer as indicated on the reverse side (hereinafter ”Customer”) and the Customer hereby agrees to purchase from the Company at the total invoice price indicated on the reverse side equipment (hereinafter called “Equipment”) described on the reverse and on all schedules which may hereinafter be executed by the parties.
The Customer authorizes the Company to complete the description of equipment on the reverse with the insertion of serial numbers other details specifically identifying the equipment.
The Customer represents and warrants that he / she has the power to enter into this agreement and that this agreement is properly and lawfully authorized and executed by him / her.
Title to the equipment is and shall remain vested in the Company unless and until the invoice sale price, applicable taxes, delivery and setup charges and all other amounts are paid in full. In the event that the Customer pays the Company by cheque, or other negotiable bill of exchange, title shall pass only when the said cheque, promissory note or other bill exchange has been presented for payment and honoured. The customer shall defend the company’s title against any contrary claim. All monies owed are due immediately upon receipt of equipment.
The Company shall not be liable for any failure to deliver hereunder where such failure has been occasioned by fire, embargo, strike, differences with workmen, failure to secure materials from usual sources of supply or any circumstances beyond the Company’s control herein above enumerated which shall prevent the company from making deliveries in the usual course of business. The Customer is not relieved from accepting delivery at the agreed price when the causes interfering with deliveries shall have been removed.
If the Equipment is sold by the company to the Customer “as is” then it is sold without any warranties, conditions, terms, representations or inducement, expressed or implied, statutory or otherwise as to the fitness, condition, operation, durability or merchantability whatsoever.
If the equipment is new equipment, it is sold by the Company to the Customer, along with applicable Manufacturer’s or Supplier’s warranty, and the Customer acknowledges that there shall be no additional warranty, condition, terms, representation or inducement, expressed or implied, statutory or otherwise as to fitness, condition or durability or merchantability of the equipment by the Company. The Customer accepts the right it has under the Manufacturer’s or Supplier’s warranty in lieu of any other right it may have.
If the Equipment is rented equipment, this invoice does not in any way constitute a change of ownership. All rented equipment is owned by the Company. Payments are due as outlined on the face of the invoice or addendums.
If a lift is being installed into a premises other than a single family dwelling, the building owner is advised to take professional advice on the suitability for the application. This advice encompasses any such requirements as building code regulations, fire regulations, etc.
Default by the Customer shall have occurred if: a) the Customer fails to fulfill any term or condition hereof, b) there is damage to the equipment while in the possession of the Customer if the title is still retained by the Company, c) non-payment of any monies owing hereunder.
Upon default by the Customer, the total cost of the equipment as specified herein shall, at the Company’s option, become immediately due and owing. Any amounts owing hereunder by acceleration or otherwise which are not paid when due shall bear interest at 2% per month (24% per annum) until paid.
Upon default by the Customer, each of the following remedies shall accrue immediately to the Company, in addition to any other remedies available to it at law. All such remedies cumulative, and not alternative nor exclusive one of the other. The omission to enforce any, shall not be a waiver, a) The Company may sue for and recover all payments, then accrued or thereafter accruing, with respect to any or all items of equipment, b) The Company may take possession of any or all items of equipment, without demand or notice, wherever same being located, without any court order or other process of law, c) The company may terminate this agreement as to any or all items of equipment, d) The Company may retain all monies paid to it, e) The company may repair at the Customer’s expense the equipment as necessary for sale.
The Customer shall reimburse the Company for all solicitors’ fees, court cost and expenses incurred by the Company to enforce collection or to preserve or enforce the Company’s rights under this agreement.
In the event that the customer defaults in making any payments due to the Company or breaches any of the terms of this agreement, the Customer agrees at the time of this agreement that by providing their credit card number, the Customer authorizes and consents to the Company debiting the total value of any damages suffered thereby by the Company to the customer’s respective credit card by completing a sales draft in the Customer’s name as if it had been processed as “a phone order” and payment in full (which recourse to the Company), by the credit card company, shall serve as a release against the Customer by the Company.
If any provision of this agreement shall be found or deemed to be illegal or invalid, the remainder of this agreement shall not be affected.
A failure to enforce any provisions of this agreement or a waiver by the Company of any breach or term hereof shall not operate or be construed as a waiver of any continuing or subsequent breach of any of the terms of this agreement by the Company.
Rental equipment picked up or delivered is in good working order and repair, and shall be returned undamaged and in the same condition as when delivered. If the equipment should be damaged or not in good working order, and repair is required when returned, ordinary wear excepted, the Customer shall pay the cost of repairing the same upon demand.
The owner of said Equipment, its servants, agents and employees, make or have made no representation as to the proper use of the Equipment, its therapeutic value or purpose, any use to which it may be put or the length of time such as equipment shall be used, and the Customer herewith exonerates the owner, it’s servants, agents and employees of and from any and all liability for injuries and damages resulting from the use thereof and agrees to save and hold them harmless therefrom.
The owner of said Equipment, its servants, agents and employees, will not be held liable for any damages incurred while making delivery or removal of any of the Equipment at the Customer’s premises.
In case of destruction or loss, customer will be charged retail (replacement) value of equipment.
Prices subject to change without notice.