Terms & Conditions
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 comply with them. Subject to what is already provided for herein, no return, replacement or refund will be accepted for products which (i) have been subject to abuse, misuse, neglect, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to the instructions issued by Plastifab, (ii) have been rebuilt, repaired or modified by any person or entity other than Plastifab or (iii) have been damaged or lost by the carrier. In addition, PLASTIFAB MAKES NO OTHER REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING FROM LAW, FROM ANY TRANSACTION, PERFORMANCE, COMMERCIAL OR OTHER USE, ALL THESE WARRANTIES ARE EXPRESSLY DISCLAIMED.
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 Companies 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.
Plastifab will design and fabricate the Tool to the best of its knowledge and based on information of the product provided by the Buyer. The Tool will remain the property of Plastifab and the Tool design will remain proprietary information of Plastifab. Plastifab will test and optimize the Tool to the best of its knowledge to meet the required dimensions. If after reasonable efforts and trials, the required dimensions cannot be achieved, Plastifab has the option to cease all work on the Tool. In such case, the Customer agrees to pay Plastifab for the design and fabrication of the Tool as invoiced by Plastifab.
Plastifab does not guarantee application performance and will not be liable for any consequential damages.
Tooling charges must be paid in full before start of production orders using the Tool.
Plastifab will maintain the Tool in good condition, reasonable wear and tear expected. A new tool/tooling charge will be applicable if and when a Tool needs to be replaced.
The tool will be considered obsolete due to product end of life or non-utilization for a period of 3 consecutive years. Obsolete Tools will be discarded after the 3-year period.
The Tool is not insured by Plastifab against risk or loss due to fire or other such damage unless otherwise specified. The Tool cannot be removed from Plastifab's premises. The Tool will remain at Plastifab's named locations and cannot be removed at the will of the Customer. The Customer will receive initial samples in agreed upon quantities for dimensional approval. The Tool will be used exclusively for the purpose of the product for the Customer/Buyer of the Tool or for Companies approved by the Buyer.
Guaranteed Payment for Questionable Tooling
If Plastifab deems that the manufacture of the product is such that, despite 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.
In cases where the Buyer does not provide detailed drawings or a product sample to Plastifab, and which will require Plastifab to make the product design as well as the tool design, the Buyer recognizes and agrees that the concept and product design always remain the property of Plastifab.
The Buyer will not be able to buy the Product from a third party without written authorization of Plastifab. The design will be exclusive to the Buyer as long as the Buyer buys the product from Plastifab. In the event of no orders, or a significant reduction in orders or the Buyer has the product designed by Plastifab extruded by another source, the Buyer recognizes that Plastifab can, without prior notice or authorization, use this Tool for the purpose of producing the intended product for its own benefit, for the purpose of selling the intended Product to third parties, for production purposes in favor of third-party companies or for any other use whatsoever, at the sole discretion of Plastifab.
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 (3%) 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.
Inspection and return of Non-Conforming Products
(a) Buyer must inspect products within twenty-one (21) days of receipt (the “inspection period”). The Buyer is said to have accepted the delivered products unless he informs Plastifab in writing of any non-conforming products within the inspection period and stating full particulars in support of his claim.
(b) If Buyer advises Plastifab, during the inspection period, of non-conforming products, Plastifab, at its own discretion may, (i) replace non-conforming products with conforming products or (ii) credit the Buyer the cost of the non-conforming products after inspection by Plastifab of the non-conforming products.
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.
Reimbursement of legal fees incurred
In the event that Plastifab is required to retain the services of a lawyer or a collection agency to claim payment of any amounts owed by a customer as a result said customer's failure to comply with the terms of payment herewith provided, all reasonable professional fees and expenses (judicial and extra-judicial) incurred by Plastifab in connection with the recovery of any amounts owing shall be at the full and complete charge of the customer who will have to reimburse them to Plastifab without delay.