Limitation of Liability
Plastifab’s liability is limited to the supply of the merchandise ordered by the customer. In no circumstances shall Plastifab’s liability exceed the lesser of the value of the merchandise sold as provided in the quotation accepted by the customer, the cost or replacing this merchandise or the cost of repairing this merchandise. Without limiting the foregoing, Plastifab will not be liable for any special indirect or consequential damages.
Plastifab cannot guarantee compliance and cannot be responsible for how Products are used or fit in applications. Before purchase and use of a Product, please review requirements and be sure that the Product as well as its installation and use complies with them.
Hazardous Materials Information
For the information of Buyers, Plastifab obtains Material Safety Data Sheets (“MSDS”) for all the raw materials used in the Products offered for sale by Plastifab. Such MSDS are available at Plastifab and will be provided to the Buyer of any such Product, upon request, at the time of sale. The information and recommendations contained in the applicable MSDS supplied/prepared by the raw material manufacturer are considered to be accurate and reliable. However, Plastifab makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. Plastifab disclaims any and all liability to any user thereof.
Accounts will be opened only with firms on approved credit. Plastifab reserves the right to decline to make deliveries, except for advance payment, at the sole discretion of Plastifab.
Terms of Payment
Unless otherwise expressly provided, terms are Net 30 days from date of invoice.
Plastifab reserves the right to charge interest at the rate of 1-1/2% per month (18% annually) beginning on the first day following the date on which payment is due.
Product Availability and Custom Orders
Products are subject to availability at time of order. Custom order items must meet manufacturer’s minimum order quantity requirements at time of order and may require additional shipping time.
Change or Cancellation
All orders are accepted on the condition that they are not subject to change or cancellation without acceptance by Plastifab and Plastifab will be reimbursed for all work in process, material, engineering and any other change or cancellation charge incurred on the basis of cost to Plastifab including handling and overhead costs.
Tooling specifically charged to Buyer will be held by Plastifab for the exclusive use of the Buyer. Buyer cannot remove this tooling from Plastifab’s premises. This tooling will be kept in good condition for production, reasonable wear and tear expected. Charges will be made for repairs to tooling necessitated by production beyond their normal, useful life. Tooling charged to the Buyer is the property of the Buyer and is not insured by Plastifab against risk or loss due to fire or other such damage.
Guaranteed Payment for Questionable Tooling
If Plastifab deems that the manufacture of the product is such that, in spite of Plastifab’s best efforts, the tooling produced may not be capable of attaining or sustaining production of a functional product, Plastifab will accept a contract for that tooling only on the Buyer’s guarantee that the contract will be paid in full regardless of the results.
Pricing Schedules and Blanket Order Conditions
Pricing Schedules and Blanket Orders are subject to change upon a change in the price of applicable raw materials (as reflected on a recognized trade or commodity pricing tracker or supported by a raw material vendor increase letter) in excess of five percent (5%) from the date of such schedule. Customer agrees to pay for all remaining items on their Blanket order upon expiration of the negotiated blanket order period.
Quantity for Custom Made Items
Plastifab will make all the efforts to manufacture and ship the quantities as required on the purchase order but reserves the right to over / under ship by no more than 15% of the purchase order quantity.
Delivery and Force Majeure
Every effort will be made to fill orders within the estimated time. Plastifab shall not be responsible for delays or late delivery when caused by acts of God, acts of government, strikes, accidents, carriers, fire, wind and water, war or civil commotion, deliveries of others furnishing material and such delays as occur without fault of Plastifab or for causes beyond its control. Without limiting the foregoing, Plastifab shall not be liable for special, indirect or consequential damages caused by a delay or late delivery. Failure to make deliveries at the time designated by the Buyer shall not give the Buyer the right of cancellation nor relieve the Buyer of responsibility for payment. Estimated completion of tooling date will not apply when changes in specification or design are requested by the Buyer.
Freight shall be Plastifab “EX WORKS”. Plastifab reserves the right to charge freight and handling fees, including, without limitation, fees for small orders, rural and/or rush deliveries or special handling.
Title and Risk of Loss
Risk of loss in transit from damage or otherwise is on Buyer. All claims are to be filed by the buyer to the carrier.
No material may be returned without a valid return of material authorization number (RMA) from Plastifab and then only in accordance with Plastifab’s terms and instructions.
Disposition of Defective Products
If products are defective or fail to meet specifications accepted by Plastifab, Buyer shall immediately notify Plastifab stating full particulars in support of his claim. Plastifab at its option may request return of defective parts before issuing credit or replacement. Any return of defective parts must be received by Plastifab within one month of shipment. Plastifab will either replace the products shipped or adjust the matter fairly and promptly. Plastifab shall not be responsible for any special indirect or consequential damages. There are no other warranties or representation either expressed or implied except as provided in the documentation provided by Plastifab. The warranties set forth herein are in lieu of any and all warranties expressed or implied including the warranties of merchantability and fitness.
Buyer shall not assign any order or any interest therein without the written prior consent of Plastifab and any such actual or attempted assignment shall entitle Plastifab to cancel such order upon notice to Buyer.
Modification of Terms
Any failure by Plastifab to insist upon a strict performance of any of the terms and conditions herein shall not be deemed a waiver of any rights or remedies that Plastifab may have, and shall not be deemed a waiver of any subsequent breach of default in the terms and conditions herein contained. No provision of these terms and conditions shall be deemed to have been waived by Plastifab unless such a waiver is in writing and signed by an officer of Plastifab.
Applicable laws and jurisdiction
The sale of the products by Plastifab is governed by the applicable laws of the province of Quebec and any claim or lawsuit arising from the sale of the products by Plastifab shall be introduced in the judicial district of Montreal, Province of Quebec, Canada, at the exclusion of any other judicial district that may have jurisdiction over such a dispute in accordance with the provisions of the Law.