TERMS AND CONDITIONS OF SALES ARISING FROM B.M.R. Mfg. Inc. and Mecanus Industries O/A School Bus Parts Co. of Canada
Herein after referred to as “Seller”
For the purpose of these Terms and Conditions, Buyer means any individual or entity that enters into a purchase agreement, whether orally or written, the latter of which shall include by fax, e-mail, or through use of a purchase order with Seller.
General Terms and Conditions;
Quoted prices are valid for 30 days from the date provided on the quotation document.
Delivery is expected to be within 10 - 20 business days from date of order, unless otherwise stated at time of order. Delivery expectations may vary based on demand at time of order. While we attempt to fill every order in a timely manner, orders may at times exceed the expected delivery date.
All prices provided are F.O.B. Campbellford, Ontario, unless otherwise stated. If prices provided are F.O.B. Buyer's location, then they will not include additional services which include, but are not limited to, Tailgate, Carry-In, Call-Ahead, Detention, or any other service offered by a carrier which must be requested by the Buyer. Buyer is responsible for all freight charges incurred by B.M.R. Mfg. Inc. for any additional services requested, will be invoiced, and will remit payment for these charges.
Quotations provided to the Buyer are only valid on full order acceptance. B.M.R. Mfg. Inc. reserves the right to re-quote for part orders with lesser quantities or accept orders for all item requirements only.
The prices quoted are subject to change without notice from time to time with respect to any unshipped balance, and to any regulation or modification of price by reason of the order or regulation of any government or agency thereof, any of which becomes operative before delivery.
All quotations are based on Buyer accepting over-run or under-run on each custom item not to exceed 10%. Any larger variances will be notified to Buyer.
Delivery is subject to available stocks, reserving to Seller the right of equitable allocation thereof, and to the order or regulation of any Government or agency thereof, Fire, Strikes, Floods, Civil Commotions or War. Notwithstanding anything herein contained as to time of shipment, or delivery, Seller shall not unless otherwise herein specially provided, be held responsible or liable for any loss, stoppage or delay or for any direct or indirect or consequential damage incurred on any account whatsoever.
The Seller may decline to deliver hereunder except for cash if at any time the Seller shall not be satisfied as to the Buyer's credit or responsibility.
All taxes are extra if applicable and as deemed by legislation, either Federal, Provincial, Territorial or Municipal.
Payment terms are Cash on Delivery (C.O.D.) or Credit Card for all purchases that are not applied to a business charge account and will be paid upon receipt. Payment with credit card is required for first purchase on all business charge accounts. Accepted credit cards include Visa, MasterCard, Discover, and American Express. Other accepted forms of payment are Debit, Cheque, Electronic Fund Transfer, E-mail Money Transfer, and Cash.
A business charge account may be applied for by completing a credit application. Upon completion, return, and approval of a credit application, an account number will be issued, and a credit limit approved. Credit limit will be based on references provided as well as application limit requested. Payment terms are then Net 30 Days for amounts not exceeding credit limit unless an alternative payment term has been requested and approved. Credit card payment will not be accepted on accounts which are NET 30 DAYS. Buyer choosing to pay by credit card for all purchases will have to have a credit card on file, and will be charged when the order is complete.
A 2% interest charge will be applied to all outstanding accounts per month, not to exceed 26.83% per annum. Interest charges will be calculated on the final day of each month and will appear on customer statements as an “IT” charge. No invoice will be submitted to show the interest charges, however a statement of account can and will be provided upon customer request.
Any account that is not in good standing, or has exceeded 60 Days from the date payment was due will be put on immediate credit hold. No orders will be processed for the Buyer until the account has been brought back into good standing. New credit terms may be applied at the discretion of Seller.
Ownership of any product is retained by the Seller until the full purchase price of the product, including any additional charges, is received by the Seller. Product which has not been fully paid for is allowed to be reclaimed by the Seller.
Goods found to be defective which are covered under our warranty policy will be either repaired or replaced. A credit will be issued for goods that cannot be repaired or replaced and which are found to be defective in materials and/or workmanship.
If service work or goods are not covered by warranty, they will be billed separately by Seller, and payment of such will be rendered by Buyer.
Seller is not responsible for goods lost or damaged in transit if the terms of transit listed on the Quote, Sales Order, or Invoice are listed as FOB Campbellford.
Purchaser is solely responsible for filing claims against carrier for any loss or damage.
Seller will provide reasonable assistance to help Buyer in filing a claim and ensure that replacement goods are forwarded immediately if required.
No product or part can be returned for credit unless notice is given within 15 days from date of receipt to obtain a written Return Goods Authorization (RGA).
Returns must be received by Seller within 30 days of original purchase date.
Buyer is responsible for all freight charges to return products to Seller.
Original invoice or packing slip must support returned merchandise.
Seller is not responsible for losses or damages incurred to goods during shipment from Buyer to Seller.
Any freight charges incurred by Seller will be deducted from any amount of credit issued.
A 15% service and handling charge of net billing price will be applied except in case of defective parts, or an error made by Seller.
The return of specially ordered, obsolete and/or discontinued parts is not permissible and no credit shall be issued except in the case of defective parts, or an error made by Seller.
Seller warrants its manufactured products against defects in materials and workmanship for the time stated and to the extent and subject to the limitations set forth in the table below;
STOP ARMS AND CROSSING GATES: Two (2) years for all component parts from the date of manufacture as evidenced by the serial number provided with the unit in question.
HOMEBOUND UNITS: One (1) year for all component parts from the date of manufacture as evidenced by the serial number provided with the unit in question.
WINTER FRONT UNITS: One (1) year for defects in component parts or workmanship from the date of sale of the unit.
SIGNS: Signs are warrantied as per the terms set out by the Vinyl manufacturer, and are warrantied against defects in workmanship and material only. No warranty will be extended for mechanical damage to a sign, or damage caused by any other means.
SPECIAL OR CUSTOM ORDERD PRODUCTS: No warranty will be provided on any custom or special ordered products, or on any product which is demanded by a Buyer that would be produced in a way that would not meet existing standards or regulations.
ALL OTHER PRODUCTS SUPPLIED BY SELLER: One (1) year for defects in component parts or workmanship from the date of manufacture of the unit.
This limited warranty extends to the original purchase of products from Seller to Buyer, the latter including Original Equipment Manufacturer (OEM), dealer, or distributors. The limited warranty does not extend to subsequent sale of products by Buyer to any third party.
All product warranties mentioned above apply only to defective components of a complete assembly, and not to the complete assembly itself. Seller sole and exclusive obligation as it pertains to this limited warranty, and to its option, is to provide repair or replacement for component parts deemed to be faulty in either material or workmanship as assessed by Seller. Non-repairable and/or non-replaceable parts may be issued a credit instead of a repair/replacement if determined to be part of the above stated warranty, and only components which are assessed by Seller to be non-repairable or non-replaceable. Replaced or repaired components will only be warrantied for the remainder of the original warranty as set out above.
If Buyer wishes to request a warranty service, Seller has the sole option to attempt to determine the cause and effect of the defect through troubleshooting steps with the Buyer. Buyer will comply with all requests for troubleshooting steps to be attempted prior to a warranty service claim being issued.
For Buyer to request a warranty service, Seller must receive the request by E-mail to email@example.com or via phone through 1-800-461-7660, within the period of warranty referenced above, and including the following information in its entirety; date of purchase of the product in question; invoice number associated with the original purchase; serial number of the unit that is defective or date of manufacture as listed on the product; complete description of the problem with the unit or product. Failure by Buyer to adhere to these terms will void any associated warranty with any above mentioned product.
If Seller determines that warranty service is required, a Return Goods Authorization (RGA) with an associated number will be provided to Buyer. Buyer is responsible for ensuring that the unit is shipped during the warranty period and within five (5) business days of receiving the RGA. Buyer is responsible for ensuring the product is packaged in its original or equivalent packaging. Seller will provide Buyer with a pick up tag for the unit to be shipped by a courier chosen by Seller. The RMA number must be identified on all packaging being returned to Seller.
EXCLUSIONS FROM COVERAGE
These terms of warranty apply only to the operation and/or use of the covered products under condition for which it was designed, and in no way covers any loss, damage, or liability resulting from any external causes beyond the control of Seller, including but not limited to; theft, vandalism, mechanical damage, misuse, abuse, neglect, connection to an improper power source, service not authorized by Seller, negligent installation or operation, failure to comply with any documentation provided by Seller in terms of installation, use, or procedures, environmental conditions which can include but are not limited to; fire, earthquake, flooding, ice and snow. In addition, this warranty does not apply to any damage resulting from improper installation or use of any product as determined by local laws, authorities, or by any regulation.
A preventative maintenance program must be performed by Buyer, and Buyer is solely responsible for ensuring that the product provided conforms to all Provincial, Federal, and State Laws which govern Buyer. Failure to ensure that any product is not fully in compliance with the above laws void any warranty and any liability to Seller.
Any attempt by Buyer or any subsidiary of Buyer, third party, agents or collaborators to remove, alter, deface, paint over, cover, or change a serial number and/or alter, deface, paint over, cover, or change the date of manufacture of any item will void any and all warranties and liabilities.
Any Buyer request to have a product provided without a date of manufacture, or any identifying marks which indicate the date of manufacture or a serial number will immediately void any and all warranties and liabilities associated with any product.
Any Buyer request to have a product altered from original standards either set by Seller or that alter them against Provincial, Federal or State Laws in which the Buyer or Seller are governed will void all warranty and liability of Seller.
GENERAL POLICY FOR WARRANTY
- Failure to comply or adhere to any and all of the above statements will void this limited warranty and any other warranty intended or perceived.
- Seller assumes no responsibility or liability for any expense incurred for removal of and/or installation of any product requiring service and/or repair, or for any expense related to the packaging, handling of any product being returned to Seller for any reason, and for any packaging or handling of any product repaired or replaced and returned to Buyer after any necessary repair or replacement of product.
- Except as expressly provided in this limited warranty, there are no other express, implied, perceived or otherwise intended warranties for any product sold by Seller, including and without limitation any express, implied, perceived or otherwise intended warranties of merchantability or fitness of a product for a particular purpose.
UNDER NO CIRCUMSTANCE WILL B.M.R. MFG. INC. AND MECANUS INDUSTRIES O/A SCHOOL BUS PARTS CO. OF CANADA ACCEPT ANY FORM OF INDEMNIFICATION CLAUSE PROVIDED BY BUYER, WHETHER EXPRESS, IMPLIED, PERCEIVED OR OTHERWISE INTENDED, REGARDLESS OF HOW ANY FORM OF INDEMNIFICATION CLAUSE IS PROVIDED TO B.M.R. MFG. INC. AND MECANUS INDUSTRIES O/A SCHOOL BUS PARTS CO. OF CANADA. BUYER AGREES BY ENTERING INTO ANY PURCHASE AGREEMENT WITH B.M.R. MFG. INC. AND MECANUS INDUSTRIES O/A SCHOOL BUS PARTS CO. OF CANADA, EITHER ORALLY, WRITTEN, BY FAX, EMAIL OR PURCHASE ORDER, OR VIA ANY OTHER MEANS THAT B.MR. MFG. INC. AND MECANUS INDUSTRIES O/A SCHOOL BUS PARTS CO. OF CANADA WILL NOT BE RESPONSBILE OR LIABLE FOR MONETARY DAMAGES (REGARDLESS OF THE CAUSE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE) OR FOR ANY LOST PROFITS, SAVINGS, INCIDENTAL DAMAGES OR OTHER CONSEQUENTIAL DAMAGES, OR FOR PUNITIVE DAMAGES, EVEN IF B.M.R. MFG. INC. AND MECANUS INDUSTRIES O/A SCHOOL BUS PARTS CO. OF CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY BUYER BASED ON ANY THIRD PARTY CLAIM OR FOR ANY COSTS OR ATTORNY FEES INCURRED BY THE BUYER.
BY RECEIVING THESE TERMS AND CONDITIONS, WHETHER IN WRITTEN FORM EITHER THROUGH FAX, EMAIL, OR ORALLY, OR AS AN ATTACHMENT TO A QUOTE, SALES ORDER, INVOICE, PURCHASE ORDER, OR THROUGH ANY OTHER MEANS, BUYER AGREES TO ALL THE TERMS HEREIN.
These terms and conditions supersede all previous terms and conditions. Seller reserves the right to modify, without any notice, these terms and conditions at any time and at Seller’s own discretion.