Terms and Conditions
REFRIGERATIVE SUPPLY LTD. ("RSL")
SALES TERMS AND CONDITIONS
Last Modified: June 15, 2021
- All orders are subject to acceptance by RSL. By placing an order, the purchaser agrees to be bound by these Terms and Conditions.
- Special/custom order items (which may include items that have been ordered but not received by RSL) require payment of a deposit in accordance with the manufacturer's terms and conditions. Any orders valued over $20,000 may require payment of a deposit at RSL's discretion.
- All quotes for special/custom order items require the submittal document to be approved by the purchaser and a signed copy returned to RSL. The purchaser accepts all responsibility for the accuracy of specifications of items ordered (including that the items are appropriately sized and will meet the desired performance outcomes), whether or not the purchaser signs and returns the submittal document, and is responsible for ensuring that all items meet all local codes where they are intended for installation and use.
- RSL will hold items for up to 30 days after the delivery date requested by the purchaser. After such 30 days, at RSL's discretion either (a) any items still at RSL will be subject to storage fees at a rate of 2% of the order value per month (to be billed on the 1st day of each month in advance); or (b) the order will be cancelled and a re-stocking fee charged to the purchaser; or (c) the items will be shipped to the purchaser's site, warehouse or crane yard.
- RSL only accepts orders from qualified purchasers with appropriate certifications.
Delivery and Shipment
- Delivery terms are FOB origin freight pre-paid and add, unless otherwise stated in a quote or agreed to in writing by RSL.
- Risk of loss and damage to items shall pass to the purchaser upon completion of loading at RSL's premises and title shall pass upon payment in full for the items.
- RSL does not guarantee a particular date for shipment or delivery of any items. Any delivery dates in a quote are estimates only.
- All orders are subject to the credit terms in the credit contract between RSL and the purchaser.
- Any COD orders must be paid for in full prior to shipping.
- If the purchaser is in default of any of its payment obligations, RSL may suspend or cancel further deliveries under the applicable order and/or any other order from such purchaser.
- All items are warranted in accordance with and subject to the applicable manufacturer's warranty.
- All warranty claims are subject to and paid in accordance with the applicable manufacturer's warranty policy.
- NO ADDITIONAL WARRANTIES ARE PROVIDED BY RSL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED.
- Any labour that is covered by a manufacturer's warranty requires approval from RSL's technical service department prior to commencement of the work.
- RSL is not responsible for registering any items for warranty purposes.
Cancellation and Returns
- Cancellation of any order is subject to the manufacturer's cancellation policy and approval by RSL.
- All customer/special order items are non-returnable (except for dead on arrival (DOA) equipment).
- Replacement of DOA equipment must be approved by both the manufacturer and RSL's technical support department prior to any replacement equipment being shipped by RSL.
- General stock items may be returned up to 60 days from the date of purchase. Any return of general stock items after such 60 days requires the prior written approval of RSL and the order may be subject to a restocking fee of 15%.
- Items returned must be in original packaging and in original condition.
- All refunds will be issued to the same account or via the same payment method, including but not limited to tank deposits and cylinder deposits (eg. a tank deposit paid for by visa, may only be credited to the same visa).
- Any returns not on an account will not be accepted without a copy of the original receipt.
- Any purchase order issued by the purchaser will not modify or supplement these Terms and Conditions, and RSL hereby rejects all pre-printed or standard terms and conditions contained in, or referred or attached to, any purchase order.
- RSL will not be responsible for any claims, demands, costs, expenses or other liabilities of any kind (including labour or other back charges) arising in connection with delays in any project due to delays in delivery of items, damaged items, DOA equipment, installation issues or unforeseen circumstances.
- In the event that RSL is required to pursue litigation to enforce these Terms and Conditions, RSL shall be entitled to recover all associated costs and expenses (including reasonable legal fees) from the purchaser.
- RSL's total aggregate liability to the purchaser in connection with or related to any item is limited to the price paid for such item, whether arising due to negligence, strict liability, breach of contract or otherwise.
- RSL will not be liable for loss of profit, revenue or goodwill, loss of anticipated savings, indirect, special, incidental, punitive or consequential damages of whatever nature, regardless of cause.
- RSL will not be liable for any failure to perform or for any delay in performing any obligation resulting from any event or circumstance beyond its reasonable control including, without limitation, manufacturing delays.
- The purchaser will indemnify RSL from and against all third party claims arising as a result of or in connection with the purchase, delivery, installation or use of the items.
- In providing any personal information in relation to the purchase, the purchaser confirms it has obtained all necessary consents or provided required notices to individuals for the collection and use of the personal information by RSL for purposes related to the transaction and all associated administration, and reasonable purposes associated with the business relationship with RSL.
- Any failure by RSL to exercise any of its rights will not constitute or be deemed to be a waiver of such rights, unless expressly waived in writing.
- All sales by RSL are governed by the laws of British Columbia. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.