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TERMS & CONDITIONS

1. WARRANTY:
We warrant that our goods will conform to the description contained in the order and technical data sheets. We give NO WARRANTY, whether of merchantability, fitness for purpose or otherwise, express or implied. Users shall determine the suitability of the product for the intended application before using, and users assume all risk and liability whatsoever in connection therewith regardless of any of our suggestions as to application or construction. In no event shall we be liable hereunder or otherwise for incidental or consequential damages. Our liability and your exclusive remedy hereunder or otherwise, in law or in equity, shall be expressly limited to our replacement of nonconforming goods at our factory, or at our sole option, to repayment of the purchase price of nonconforming goods.

2. CANCELLATION:
Cancellation of an order or suspension of the anticipated delivery of any goods ordered as a result hereof, will be accepted by us only under conditions which will fully indemnify us against any loss, and also indemnify us for recovery of all our direct costs and expenses incurred as a result of the order, including attendant indirect and overhead charges, and a reasonable profit.

3. RETURNED GOODS:
Any product may be returned within 30 days after the receipt of shipment (in unsoiled, undamaged and re-saleable condition and, where appropriate, in the original packaging). Merchandise will not be accepted for return without prior written authorization and a “return merchandise number” from Zeraus Products Inc. Returned shipments not having prior approval will be refused. All returned merchandise must be returned with the freight pre-paid. A 10% restocking fee may apply to any returns, and shipping fees are non-refundable. Do not ship our products back to us unless a HAZMAT certified shipper prepares them for shipment (when applicable). A return authorization number must appear on all cartons.

4. PRICES:
All merchandise listed and pricing information is subject to change without prior notice. Certain items listed may be out of stock, which will result in longer shipping and processing times. The federal and provincial sales taxes (GST & PST) will be added if applicable. All prices outlined below are in Canadian funds (Cdn. $), FOB Concord (Vaughan), Ontario. Shipping costs will be added to your order, unless otherwise specified. The buyer is responsible for any customs charges, if applicable. The prices and charges stated on the face hereof shall be adjusted to and the goods and other items covered by this order shall be invoiced at the prices and charges fixed by us at the time of and for each shipment under this order, provided that such prices and charges shall not exceed the prices and charges appearing in our applicable price schedules, if any, in effect at the time of each such shipment.

5. SHIPPING:
We strive to deliver your order to you in the fastest, most efficient manner possible. In general terms, shipping rates are contingent on the type of products purchased and their destination. Shipping costs will be added to your order, unless otherwise specified. Your shipping method and address, along with the type of item and its availability, determine how long it takes for you to get your order and how much it will cost. You are responsible for any customs charges, if applicable. Extra costs may apply, if applicable, in order to recover the cost of shipping hazardous materials by air. Our liability as to delivery and damage to goods ceases upon delivering the material purchased hereunder to carrier at shipping point in good condition; the carrier acting as your agent. Title to and risk of loss of all goods sold hereunder shall pass to you upon our delivery to carrier at shipping point.

6. DELIVERY DISPUTE:
The Buyer must inspect the goods immediately following delivery. Any claim that the goods are not in accordance with these terms and conditions (including if they are damaged during delivery or are short delivered) must be made at the time of delivery or in writing to ZERAUS within 48 hours after delivery of the goods. If the Buyer fails to make a claim then, to the extent permitted by the law, the goods are deemed to have been accepted by the Buyer and the Buyer must pay for the goods in accordance with these terms and conditions.

7. DELAYS:
If a delivery date is specified, that date is an estimate only and ZERAUS is not liable for any delay in delivery. If a specific shipping date (excluding an estimated date) is not designated on the face hereto or in a subsequent writing signed by us, we shall not be responsible for any delays in filling this order nor liable for loss or damage resulting from such delays. If a specific shipping date is designated either on the face hereof or subsequently by us, we shall not be liable for any delays in filling this order caused by (a) accidents to machinery differences with workmen, strikes, labour shortages, fires, floods, priorities required, delays in transportation or lack of transportation facilities, or (b) any cause beyond our control.. The Buyer must accept delivery and pay for the goods delivered, even if they are delivered after any specified delivery date.

6. PAYMENT:
Payment is to be made in Canadian funds. If, in our judgment, adverse credit information exits, we reserve the right, despite any credit term, to require payment or satisfactory assurance of payment prior to manufacture or delivery. If any part of an invoice is in dispute, the balance will remain payable. The Buyer has no right to set-off any claim against ZERAUS from money owing to ZERAUS.

8. CONTRACT OF SALE:
This instrument constitutes the entire contract of sale for the purchase of the materials named herein. No modification of this contract shall be of any force of effected unless in writing and signed by an officer of Zeraus Products Inc., and no modification shall be effected by the acknowledgement or acceptance of purchase order forms containing different conditions.

9. SECURITY & PRIVACY:
Any information provided to Zeraus Products Inc. will be treated in the utmost confidence and will only be retained in our computers for the sole purpose of re-ordering. We will not sell trade or reveal any information to any agency, individual, or otherwise.

10. COLLECTION:
If collection procedures become necessary to collect past due amounts or disputed amounts, the buyer shall be liable for all cost of collections incurred by the seller including, without limitation, seller’s reasonable legal fees and expenses, in addition to the past due or disputed amount. A finance charge on all amounts past due will be assessed each month at the maximum rate permitted by applicable law.

FOR CUSTOMERS WITH NET TERMS – TERMS BEGIN AT INVOICE DATE.