CANCELLATION: Orders may be cancelled or deliveries deferred only upon the condition that the Purchaser assume immediate liability and make payment to the Seller for all work complete, work in process, raw material commitments unamortized tooling, engineering and other cancellation charges incurred on the basis of cost to the Seller plus handling and overhead charges. Cancellation charges will be determined at the time of cancellation or deferment.

CLAIMS: Claims for defective parts, including credit, and/or replacement, are to be made in writing to the Seller within 14 days of receipt of the merchandise.

CREDIT: All orders are subject to Seller’s approval in respect to credit. If credit has not been established, cash must accompany Purchaser’s order. Seller reserves the right to discontinue fulfillment of order at any time if Purchaser’s credit is deemed unsatisfactory by our Credit Department or should delivery be delayed through fault of the Purchaser.

DELIVERY DATE: Delivery dates are estimated only from the receipt of all necessary information from Purchaser. Seller shall not be liable for delay resulting from fire, floods, accidents, war or the consequence of war, delays in transportation, shortage of material, failure or delays in source of supply. Government orders or regulations, or from any other cause beyond its control. Seller shall not be liable for consequential or special damages resulting from any cause whatsoever.

DEFECTS: Merchandise will be accepted for return only upon written
authorization by the Seller. The Seller accepts no responsibility for
merchandise returned without authorization. The Seller’s liability
hereunder is limited, upon its return by the Purchaser, to the Seller’s price of the merchandise which has been rejected through defect or at Seller’s option, to the replacement of such merchandise with other merchandise of the quality warranted, with due allowance made for service rendered by the merchandise returned.

DRAWINGS: All designs, drawings, samples and models submitted by the Seller to the prospective Purchaser either prior to, at the time of, or subsequent to this quotation, are the property of the Seller and may not be reproduced or manufactured without permission from the Seller in writing.

INSERTS: Unless specifically otherwise, inserts are to be furnished free issue by the Purchaser, f.o.b. our factory. The quantity of inserts furnished shall exceed ten percent the number required to complete the order to compensate for loss through rejects. Seller cannot assume responsibility for any mould damage caused by inserts, component parts or materials supplied by the Purchaser.

INSURANCE: Fire insurance on Purchaser’s moulds and tools, at their respective depreciation value will be maintained by the Seller on all moulds and tools which remain in our plant. Any additional insurance coverage on the Purchaser’s moulds and tools deemed necessary by the Purchaser shall be the responsibility of the Purchaser unless otherwise arranged between the Seller and the Purchaser.

MATERIALS: The Purchaser is responsible for disclosing, at the outset, all pertinent engineering and design requirements, and restrictions of parts. Any expense incurred by the Seller due to failure of the Purchaser to comply with the above will be the responsibility of the Purchaser. The Seller agrees to supply his professional engineering knowledge to advise the Purchaser in every way possible and also draw on the specialized facilities of tool makers, designers and material suppliers, but the final choice of the most suitable plastic material must ultimately be the responsibility of the Purchaser.

Our Engineering department, when requested, will assist you in the design and material of the moulded parts, but we cannot assume any liability for the practicability of these design or material suggestions if adopted by you. PACKAGING: Unless otherwise specified, moulded items will be packed in bulk. An additional charge will be made for special boxing or packaging. If moulded parts are broken, damaged, or lost while in transit from Seller’s plant to Purchaser’s plant, it will be the responsibility of the Purchaser to file a claim with the carrier concerned.

PATENTS: The Purchaser shall indemnify and hold the Seller harmless against all expense or loss resulting from infringement of patents, trademarks, industrial designs or copying arising from compliance with the Purchaser’s designs, specifications or instructions.

PRICE: Quotations are for immediate acceptance only, unless otherwise specified herein, and are subject to change without notice. Orders based on a quotation are subject to acceptance by Seller when received. Prices on this quotation are based on foreign exchange rates, sales tax, customs tariff and other direct taxes in effect at date of quotation, and such prices are subject to change. Seller reserves the right to increase the price on any undelivered portion of any order by the amount Seller’s cost are affected by changes in Federal or Provincial taxes, duties, or rates of exchange and/or other production costs such as labour and materials.

QUANTITY: Quantities specified are subject to variation (unless specifically stated in writing) of plus or minus 10% and in the event of such variation, the unit price will apply and the order will be considered fully completed.

TOOLING: Moulds and tools are quoted on a shop cost basis and shall not be removed from the Seller’s plant except with its written consent. Upon such consent being given, the Purchaser shall accept same f.o.b. Seller’s plant and pay a removal charge of 25% in addition to the charge quoted herein and shall also pay all other amounts owing by it to the Seller. Seller will for a period of two years after completion of the Purchaser’s most recent production order, maintain any moulds and tools quoted herein and which are in its possession. In condition to furnish moulded prices subject to due allowance for ordinary wear and tear. Changes in moulds and tool resulting from design or specification change requested by the Purchaser are the responsibility of the Purchaser and shall be at Purchaser’s expense.

Tooling will be kept in a satisfactory condition for production at the Seller’s expense and will be held for the Purchaser’s work only for the normal life of the mould. The normal life of the mould will be considered as terminated when the Purchaser no longer accepts the parts produced from that mould because of defects caused by mould wear. At that time, quotations will be submitted by the Seller covering the cost of reworking or replacing part or all of the mould as needed or additional cost of secondary operations to enable the Seller to ship parts of a satisfactory quality. It will be the Purchaser’s responsibility to accept these alternates.

The Seller shall be entitled, to a lien upon all moulds and tools in its possession for any amounts owing to it from time to time by the customer. Tooling cannot be removed from possession of the Seller until all such accounts have been paid in full.

If the Purchaser wishes to store the mould at the Seller’s plant after more than two years inactivity, a mould storage charge would be made by the Seller Alterations required to put Purchaser’s supplied moulds in operation shape in relation to our machines will be charged on time and material basis.

Custom-moulds purchased by a Purchaser or furnished by that Purchaser will not be used to produce parts for any other Purchaser without written consent of the original Purchaser.

Typographical errors will not be binding.