Sales Terms & Conditions
In this present text for Sales Terms & Conditions, the word HALESON is used as an abbreviation for 9059-1074 Quebec Inc.
The terms set forth here in constitute the sole terms and conditions upon which HALESON offers goods, products and services for sale.
No other terms, conditions or understanding, whether oral or written shall be binding upon HALESON, unless hereafter made in writing and signed by the Director of HALESON. Any purchase order the Customer may issue to HALESON shall constitute the Customer’s unconditional agreement to these present Terms & Conditions of Sale.
HALESON hereby specifically objects to any different or additional terms that might be contained in the Customer’s purchase order.
A purchase order (or contract) may be cancelled or modified only by written agreement between HALESON and the Customer. The Customer’s insistence upon cancelling or suspending fabrication or shipment, or the Customer’s failure to furnish specifications when required, may be treated by HALESON as a breach of contract by the Customer and HALESON may cancel any unshipped balance without prejudice to any other remedies HALESON may have.
All cancelled orders will be subject to a cancellation fee. The cancellation fee will be proportional to all work done by HALESON and its suppliers and will include a reasonable profit.
Custom made orders once released to procurement or production cannot be cancelled. Custom made orders are not returnable and are not exchangeable.
HALESON shall not be held responsible of any kind of contractual non performance caused by fire, act of nature, war, embargo, riot, terrorist act, police act, industrial disputes, strike, shortage of labour, shortage of transport, shortage of fuel, shortage of power, import or export restrictions, currency restrictions, shortage of raw materials, non performance of sub vendors or any other causes beyond HALESON’s reasonable control, even if foreseeable.
If any boxes, crates or goods received by the Customer are damaged, or if the quantities and weights received by the Customer do not agree with the quantities and weights indicated on the shipping documents, the Customer shall make a written claim within 3 working days after receipt of the goods. All discrepancies and damages must be written on the freight bill and must also be signed by the driver.
All customer orders are subject to approval by HALESON.
HALESON does not accept any penalties or order cancellation due to late delivery of the goods.
All data is provided as a helpful guideline and is believed to be reliable. Any applications suggested by HALESON are used solely for the purposes of illustration. However, nothing stated shall constitute a recommendation for any particular application.
Design and Material Changes
Due to continuous process of improvement product specifications are subject to change without notice.
HALESON provides a limited guarantee up to 12 months from date of shipping of HALESON’s private labelled products against defects of manufacturing or materials or design. A written claim must be filed within 12 months of the shipping date from HALESON.
This limited warranty takes effect only upon inspection by HALESON and decision solely by HALESON finding the goods to be defective either in manufacturing or material or design. Consequently once established by HALESON that the goods are not suitable for the purpose were bought for, the goods will be at HALESON’s option, repaired or replaced free of charge excluding transportation costs.
For all other products sold by HALESON the applicable warranty is limited to the actual warranty received by HALESON from its suppliers.
HALESON’s limited warranty extends only to original buyers of goods and may not be transferred without HALESON’s prior written consent.
Claims for labour costs and other expenses required to replace such defective product or to repair damage resulting from the use thereof will not be allowed by HALESON.
HALESON’s liability is strictly limited to the price paid for the defective product.
This limited warranty does not apply to fragile goods or to products where shorter life is expected. Similarly, corrosive, high chemical concentration, abrasive, high cycle, shock and impact applications, extreme or marginal pressure and temperature applications are not covered by this limited warranty.
Normal usage’s expected wear are not covered by HALESON’s limited warranty.
This limited warranty is nullified if the products have not been properly installed or have not been properly maintained or have not been properly inspected or have not been put to the appropriate use.
It is the Customer’s responsibility to implement a preventive inspection and maintenance plan.
ALL OTHER WARRANTIES EXPRESSED AND IMPLIED ARE HEREBY DISCLAIMED. UNDER NO CIRCUMSTANCES HALESON SHALL BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITOR ANY OTHER SPECIAL DAMAGES.
Ownership and Title
The ownership and the title of the goods does not pass to the customers (the purchaser) until goods are paid for in full.
If any of the goods are to be furnished as per the Customer’s specifications, the Customer agrees to indemnify HALESON against all liabilities and expenses resulting from any claim of infringement of any patent in connection with the production and sale of such goods.
All documents submitted by HALESON such as quotations, invoices, technical or commercial data, estimates, designs, drawings, sketches, photographs, digital documents are confidential and shall not be shared nor transmitted to third parties outside to the Customer’s organization.
All prices are FOB Laval, Canada HALESON warehouse. Prices do not include freight or applicable taxes. Possession of a price list or a quotation is not accepted by HALESON as an obligation to sell. Prices are subject to change without notice.
All quotations are subject to change without notice and supersede all previous quotations unless expressly agreed by HALESON. All quotations are subject to prior sales.
If the products are stock in HALESON warehouse, HALESON will aim to ship out promptly. HALESON typically ships within 2-3 working days of receiving an acceptable Purchase Order.
If the products are not stock or need to be custom manufactured or need to be assembled HALESON will inform the customer of the time required to have the goods ready for shipment.
HALESON ships parcel goods with reputable careers such as FedEx, UPS, Purolator or equal. HALESON ships palletized goods with reputable careers such as FedEx, UPS, TST, Manitoulin or equal.
Shipping costs indicated on HALESON’s web site are to be verified with careers and are to be approved by HALESON upon receiving the Customer’s Purchase Order. Please note that this verification procedure is required since shipping costs are much dependent on factors outside HALESON’s control. Some of the services may not be available to a given Customer’s physical location.
HALESON does not guarantee delivery dates nor delivery times. Once the goods are provided to careers subsequent events are outside of HALESON’s control.
If special services such as tailgate, notice before delivery etc… are required, the additional costs will be added to the customer’s invoice. If additional costs are incurred such as unusually long waiting imposed on drivers’ or absence of receiving personnel during business hours will be added to the Customer’s invoice.
HALESON’s web based transport quotes for USA are solely for Continental USA excluding Alaska and the remote regions of the fifty (50) States. Web based quotes for Canada are excluding Yukon, Nunavut, North West Territories and remote regions of the ten (10) Provinces. Web based quotes for the rest of the world are also excluding remote regions.
Goods Return Policy
- Return of credit will not be allowed if it has been more than 30 days after the original invoice date.
- All returned material must be brand new with its original packaging and in sellable condition. Material returned in sellable condition will be subject to a restocking charge of thirty five percent (35%) or $ 50.00 whichever is greater.
- For used or unsellable goods there will NOT be any credit issued. No credit will be issued for product damaged by customer or customer’s freight carrier.
- Material must be in clean condition and free of any chemicals and agents.
- SPECIALLY MANUFACTURED OR ASSEMBLED GOODS, CUT TUBES, CUT PIPES AND CUT HOSES, NON-STOCK ITEMS, END OF THE LINE DISCONTINUED ITEMS CAN NOT BE RETURNED NOR EXCHANGED.
- Written permission and a Return Goods Authorization (RGA) number must be obtained before returning any materials back to HALESON. Returns without an RGA form and RGA number will be refused and returned at the shipper’s expense.
- The RGA form and RGA number must be packaged with the returned merchandise.
- All returned merchandise must be received by HALESON within 15 working days from the RGA date. No credit will be issued for late returned items.
- No credit will be issued for items returned in excess of the RGA or not on the RGA.
- Transportation and customs clearance (if applicable) fees must be paid by the Customer. All risks of loss or damage for products in transit are the responsibility of the Customer.
- If an item returned is found to be in unsellable condition, the Customer may elect the product returned back to the Customer or destroyed by HALESON. The Customer will be responsible of the return freight charges. If the Customer does not take a decision within 15 working days of notice sent by HALESON, at its sole discretion HALESON will assume that the Customer wants the product to be destroyed and disposed off by HALESON.
- Items shipped wrong due to HALESON’s error are returnable transportation COLLECT and FULL credit will be issued. Product must be properly packaged and returned in good re-sellable condition for any credit to apply.
Suspension of Performance
If in HALESON’s judgment reasonable doubt exists as to the Customer’s financial responsibility or if Customer’s account is past due in payment of any amount owing to HALESON, without liability and without prejudice to any other remedies, HALESON reserves the right to suspend performance, to stop manufacturing, decline to ship, to stop any material in transit, until HALESON receives payment of all amount owing to HALESON or proper assurance of such payment.
Any taxes which, under any existing or future law, HALESON may be required to pay or collect with respect to the sale, purchase, delivery, manufacturing, storage, processing, use, consumption or transportation of any of the goods or services covered shall be paid promptly by the Customer to HALESON on demand.
Terms of Payment
Once a Customer opens an account acceptable to HALESON, unless otherwise expressly agreed by HALESON, payment shall be due 30 days from the date of each invoice, without discount.
All web based (e-commerce shopping cart) based transactions are promptly payable by credit card or equal prior to the goods shipment.