Contract: These Terms and Conditions of Sale (these “Terms and Conditions”) shall govern the provision by Hubb-Cap Limited (“Hubb-Cap”) to the purchaser (the “Buyer”), of the goods specified in the quotation (the “Goods”) to which these Terms and Conditions are attached (the “Transaction”). The Buyer’s issuance of a purchase order or other agreement to proceed with the Transaction following receipt of the quotation to which these Terms and Conditions are attached shall be conclusive evidence of Buyer’s acceptance of these Terms and Conditions, whether or not Buyer submits its own terms and conditions as part of such acceptance or otherwise as part of the Transaction. Upon such acceptance the Transaction shall be governed by these Terms and Conditions to the exclusion of all other documents relating to the Transaction.
Warranty: Certain goods sold by Hubb-Cap may be covered by the warranty of the original manufacturer of such goods, but Hubb-Cap disclaims any liability with respect to such warranties. Hubb-Cap specifically disclaims all express or implied warranties including, without limitation, any warranty of workmanship, any warranty of fitness for a particular purpose, any warranty of merchantability and any warranty as to the performance or capabilities of the goods or materials once the Services have been performed. No material will be returned to Hubb-Cap without Hubb-Cap’s prior written consent. Hubb-Cap will furnish instructions for the disposition of any rejected material.
Delivery and Risk: All means of pick-up, delivery, transportation, and/or routing shall be determined Hubb- Cap, unless otherwise specified. In the event a delivered price is quoted and unless otherwise provided herein, Hubb-Cap shall not be responsible for switching, spotting, handling, storage, demurrage, or any other transportation or accessorial service, nor for any charges incurred therefore, unless such charges are included in the applicable rate from shipping point to destination. Buyer assumes all risk for any Goods at the time Buyer takes physical possession of such Goods, and Hubb-Cap disclaims all liability with respect to the handling of any Goods by Buyer. Hubb-Cap disclaims all liability associated with Buyer’s presence on Hubb-Cap property, including but not limited to if Buyer is on Hubb-Cap property in order to pick up any Goods.
Limitation of Liability: Notwithstanding anything to the contrary in these Terms and Conditions or elsewhere, Hubb-Cap shall not be liable for any indirect, consequential, incidental, special, punitive, exemplary or liquidated damages arising in any way in relation to the Transaction or these Terms and Conditions, whether suffered or incurred by Buyer or any other third party, and the total aggregate liability of Hubb-Cap arising in any way in relation to the Transaction, whether arising in contract, tort, strict liability, warranty or any other theory, shall be limited to the purchase price paid by Buyer as part of the Transaction.
Terms of Payment: Net cash within 30 days from date of invoice, except as otherwise specified in writing.
Amendment: These Terms and Conditions may not be amended except by written agreement signed by an officer of Hubb-Cap and expressly referencing the provisions to be amended.
Waiver/Severability: Waiver by Hubb-Cap of any of these Terms and Conditions shall not constitute a waiver of any other of these Terms and Conditions. If any provision of these Terms and Conditions is held to be void or unenforceable such provision shall be severed herefrom and the remainder of these Terms and Conditions shall remain operative and binding on the parties.
Governing Laws: The Transaction and these Terms and Conditions shall be governed by the laws of the Province of Ontario.
