1. Payment:
Powersmiths International Corp. payment terms are “NET 30 DAYS”. Powersmiths International Corp. may charge interest on overdue accounts at the rate of 2% per month (24% per year). Currency is US dollars for all shipments except to Canada, where it is Canadian currency.
2. Freight on Board (F.O.B.)
The purchaser is responsible for insurance and cartage of the order from Powersmiths International Corp.’ place of manufacture or from its warehouse in Toronto, Canada unless specifically shown otherwise in writing.
3. Shipping
Upon confirmation of purchase order, Powersmiths International Corp. provides a target date of shipment. This date is an estimate based on available information at the time of order, and is subject to change.
4. Acceptance:
Acceptance of any order is subject to credit approval by Powersmiths International Corp.. These terms and conditions form the basis of any acceptance of an order. Any changes are hereby rejected unless approved in writing by Powersmiths International Corp..
5. Price:
Prices are applicable for the current order only. Any changes to the order or future order are subject to possible price changes.
6. Taxes:
Any increases or changes in applicable taxes will be passed on by Powersmiths International Corp. and are the responsibility of the customer.
7. Product Return, Order Cancellation:
Returns or cancellations are conditional to the customer agreeing in writing to pay a restocking charge or if the customer has received written approval from Powersmiths International Corp.. The amount of the restocking charge is the percent completion of the product manufacture with respect to the sale price. For example, a product sold for $10,000 and whose manufacture is 60% complete, will have a restocking charge of $6,000. Powersmiths International Corp. will determine stage of manufacture and advise customer.
8. Product Technical Data:
Data published by Powersmiths International Corp. is believed to be accurate at the time of publication, and is subject to change without notice.
9. Technical Advice:
Technical advice given is believed to be accurate based upon the information provided by the customer. However, Powersmiths International Corp. shall not be liable for technical advice, as it is given to and accepted by the customer at his own risk.
10. Force Majeure:
Powersmiths International Corp. may cancel an order without liability if conditions arise due to causes beyond its reasonable control, and in no event shall be liable for consequential damages.
11. Risk of Loss:
Since product is sold FOB point of shipment, the customer bears the risk of loss or damage from that point and any loss or damage sustained does not release the customer from the terms of payment or other aspects of these terms and conditions.
12. Title of Goods:
Powersmiths International Corp. retains title and ownership of product shipped until payment is made in full.
13. Penalty Clause:
A penalty clause is only valid if specifically and separately approved in writing by a Powersmiths International Corp. officer.
14. Clerical Errors:
Such errors are subject to correction.
15. Assignment:
Prior written consent from Powersmiths International Corp. is required to assign any order and associated obligations.
16. Scope, Changes:
This is the entire agreement. Any changes must be approved in writing by Powersmiths International Corp. to take effect.
17. Set Off:
Powersmiths International Corp. can set off any amount which is payable by Powersmiths International Corp. to the customer or by the customer to Powersmiths International Corp.
18. Access to the site
The cost of accessing and browsing the www.powersmiths.us Site is entirely the responsibility of the User. Access to the Site is possible 24/7, except in the case of force majeure or any failures or maintenance work necessary for the proper functioning of the Site.
Powersmiths cannot be held liable in the event of the temporary, partial or total unavailability of the Site, in particular in the event of maintenance, a technical incident or, more generally, in the event of an occurrence beyond its control. Whatever the circumstances, the User acknowledges having the competence and means necessary to access and use the Site and that powersmiths reserves the right to modify and temporarily or permanently interrupt access to all or part of the Site.
19. Access codes and passwords
Access to the www.powersmiths.us site is open to all Users with an internet connection.
However, some services on the Site may require an access code and password provided by the operator of these services. Access codes and passwords are confidential, personal, non-assignable and non-transferable. The user is responsible for the management, storage and consequences of using their own codes and passwords. In the event of loss or theft of their username and/or password or if the User thinks that a third party has been able to access their account, the User undertakes to modify their username and/or password and to notify Powersmithsby email at the following address: webmaster@socomec.com
POWERSMITHS cannot, under any circumstances, be held liable for their fraudulent use.
20. Hyperlinks text
The www.powersmiths.us site may offer links to other websites.
To the extent that powersmiths cannot exercise control over these external sources, please be informed that we are not bound to the provision and content of external sources, and disclaim any responsibility for the content, advertising, products, services or any other material available on or through such external sources. We also disclaim all liability for damages or losses, actual or alleged, arising out of or in connection with the use, or with the fact of having trusted the content, of goods or services available on these external sources.
21. To find out more
For any further questions you can contact Powersmiths at the following address:
8985 Airport Road, Brampton, ON
Canada L6T 5T2
1.800.747.9627
support@powersmiths.com