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Legal Statement

General Terms and Conditions of Sale

The following terms and conditions of sale shall apply to any sale of goods and services by Rev-Amp Electrical Equipment Ltd.  (Hereinafter called “Rev-Amp”).  Purchaser shall be deemed to have full knowledge of the terms and conditions herein and such terms and conditions shall be binding if either the goods and services referred to herein are delivered to and accepted by the Purchaser, or if the Purchaser does not within five days from the date hereof deliver to Rev-Amp written objection to said terms and conditions or any part thereof.

1.  GENERAL

In the event of any conflict or inconsistency between the terms and conditions of sale herein and the terms and conditions contained in Purchaser’s order or in any other form issued by Purchaser, whether or not any such form has been acknowledged or accepted by Rev-Amp, Rev-Amp’s terms and conditions herein shall prevail.  No waiver, alteration or modification of these terms and conditions shall be binding upon Rev-Amp unless made in writing and signed by a duly authorized representative of Rev-Amp.

2.  USED AND RE-CONDITIONED GOODS

Purchaser has been advised that Rev-Amp sells USED AND RE-CONDITIONED ELECTRICAL EQUIPMENT and that all or part of the goods provided by Rev-Amp to the Purchaser may consist of used or re-conditioned electrical equipment.  Purchaser acknowledges that the original manufacturer’s warranty may not apply to the electrical equipment sold by Rev-Amp and that, in such case, Purchaser’s recourse may be limited to the warranty set out in these terms and conditions. 

3.  QUOTATIONS

Unless otherwise stated, Rev-Amp quotation shall be null and void unless accepted by Purchaser within thirty (30) days from the date of quotation.  Purchaser acknowledges that Rev-Amp has a limited inventory of some electrical equipment and that, accordingly, the availability of quoted electrical equipment is subject to prior sale.

4.  PRICES / COST OF TRANSPORTATION

All quoted prices are based on the current exchange rates and tariffs.  Unless otherwise stated in the quotation, quoted prices are subject to change by Rev-Amp with or without notice until Purchaser’s acceptance.  Prices are subject to correction for error.  Unless otherwise stated, all prices are f.o.b. Rev-Amp’s warehouse and include domestic packing.  Customary methods of transportation shall be selected by Rev-Amp and such transportation will be at Purchaser’s expense. Special methods of transportation will be used upon Purchaser’s request and at Purchaser’s additional expense provided Purchaser gives reasonable notice of Purchaser’s transportation requirements to Rev-Amp prior to shipment.

5.  TAXES

Prices do not include Goods & Services Tax, Provincial or Municipal sales, use, value-added or similar tax.  Accordingly, in addition to the price specified herein, the amount of any present or future sales, use, value-added or similar tax applicable to the sale of the goods hereunder the use of such goods by Purchaser shall be paid by Purchaser to the entire exoneration of Rev-Amp.

6.  DELIVERY

Delivery schedules are approximate and are based on prevailing market conditions applicable respectively at the time of Rev-Amp’s quotation and Rev-Amp’s acceptance of Purchaser’s order. Rev-Amp may extend delivery schedules or may, at its option, cancel Purchaser’s order in full or In part without liability other than to return any deposit or prepayment, which is unearned by reason of the cancellation.

7.  RETURNS

No goods may be returned to Rev-Amp without Rev-Amp’s prior written permission.  Rev-Amp reserves the right to decline all returns or to accept them subject to a handling/restocking charge. Even after Rev-Amp has authorized the return of goods for credit, Rev-Amp reserves the right to adjust the amount of any credit given to Purchaser on return of the goods based on the conditions of the goods on arrival in Rev-Amp’s warehouse.  Credit for returned goods will be issued to Purchaser only where such goods are returned by Purchaser and not by any subsequent owner of the goods.  Goods will be considered for return only if they are in their original condition and packaging at time of sale.

8.  FORCE MAJEURE

Rev-Amp shall not be responsible or liable for any loss or damage incurred by Purchaser herein resulting from causes beyond the reasonable control of Rev-Amp including, but without limitation, acts of God, war, invasion, insurrection, riot, the order of any civil or military authority, fire, flood, weather, acts of the elements, delays in transportation, unavailability of equipment or materials, breakdown, sabotage, lock-outs, strikes or labour disputes, faulty castings or forgings, or the  failure of Rev-Amp’s suppliers to meet their delivery promises.  The acceptance of delivery of the equipment by Purchaser shall constitute a waiver of all claims for loss or damage due to any delay whatsoever. 

9.  SHIPMENT / DAMAGES OR SHORTAGES IN TRANSPORT / RISK

Except for obligations stated under “Warranty” herein, Rev-Amp’s responsibility for goods ceases upon delivery to the carrier.  In the event of loss or damage during shipment, Purchaser’s claim shall be against the carrier only.  Rev-Amp will, however, give Purchaser any reasonable assistance to secure adjustment of Purchaser’s claim against the carrier provided immediate notice of such claim is given by Purchaser to Rev-Amp.  Claims for shortages must be made in writing within ten (10) days after receipt of goods by Purchaser.  If Rev-Amp does not receive written notification of such shortages within such ten (10) days, it shall be conclusively presumed that the goods were delivered in their entirety.  Unless agreed upon otherwise in writing.  Rev-Amp reserves the right to make partial shipments and to submit invoices for partial shipments.

10.  TITLE

Title to the goods or any part thereof shall not pass from Rev-Amp to Purchaser until all payments due hereunder have been duly made in cash, except as otherwise expressly stipulated herein.  The goods shall be and remain personal or moveable property, notwithstanding their mode of attachment to realty or other property.  If default is made in any of the payments herein, the purchase price as liquidated damages, and Rev-Amp shall be free to enter the premises where the goods may be located and remove them as Rev-Amp’s property, without prejudice to Rev-Amp’s right to recover any further expenses or damages Rev-Amp may suffer by reason of such non-payment.

11.  LIABILITY

Rev-Amp shall not be liable for and shall be held harmless by Purchaser from any damage, losses  or claims of whatever kind, contractual or delictual, consequential or incidental, direct or indirect, arising out of, in connection with or resulting from the sale governed hereby or the goods, including, but without limitation, the repair, handling, installation, possession, use, operation or dismantling of the goods and any and all claims, actions, suits, and proceedings which may be instituted in respect to the foregoing.  

12.  WARRANTY

Goods sold hereunder are covered by a warranty against defects in material and workmanship provided the goods and services are subjected to normal use and service.  The applicable warranty period is twelve (12) months from the date of sale to Purchaser of any item of the goods, or any other warranty period otherwise stipulated in writing by Rev-Amp under this sale, whether the goods are new or used and reconditioned.  The obligation under this warranty is limited to the replacement cost, at Rev-Amp’s option, of defective parts f.o.b. point of shipment provided that prompt notice of any defect is given by Purchaser to Rev-Amp in writing within the applicable warranty period and that upon the Purchaser’s return of the defective parts to Rev-Amp or, if designated by Rev-Amp, to the location where the works are made, properly packed and with transportation charges prepaid by Purchaser, an inspection thereof shall reveal to Rev-Amp’s satisfaction that Purchaser’s claim is valid under the terms of this warranty.  Purchaser shall assume all responsibility and expense for dismantling, removal, re-installation and freight in connection with the foregoing.  The same obligations and conditions extend to replacement parts furnished by Rev-Amp hereunder.  Rev-Amp does not assume liability for installation, labour or consequential damages.  Rev-Amp makes no warranty other than the one set forth herein.  All other warranties, legal, expressed or implied, including but not limited to any expressed or implied warranty of merchantability, of fitness for the intended use thereof or against infringement are hereby expressly excluded. The applicable warranty ceases to be effective if the goods are altered or repaired other than by persons authorized or approved by Rev-Amp to perform such work.  Repairs or replacement deliveries do not interrupt or prolong the terms of the warranty.  The warranty ceases to be effective if Purchaser fails to operate and use the goods sold hereunder in a safe and reasonable manner and in accordance with any written instructions from the manufacturers.  

13.  INSTALLTION

Unless otherwise expressly stipulated, the goods shall be installed by and at the risk and expense of Purchaser.  In the event that Rev-Amp is requested to supervise such installation, Rev-Amp’s responsibility shall be limited to exercising that degree of skill customary in the trade in supervising installations of the same type.  Purchaser shall remain responsible for all other aspects of the work including compliance with the local regulations.

14. Minimum Order Policy

Rev-Amp is able to offer outstanding access to inventory at competitive prices. To support our customers, we require:

  • Minimum opening order - $150; reorders for account customers - no minimum.
  • International (outside USA/Canada) minimum order - $500 USD pre-paid in advance by wire transfer.
  • Backorders will be shipped without notification if within 60 days of date ordered. All backorders under $100 are subject to cancellation.
  • We reserve the right to cancel any orders or back orders without any notification.

15.  RETURNED GOODS

No goods may be returned to Rev-Amp without Rev-Amp’s prior written permission.  Rev-Amp reserves the right to decline all returns or to accept them subject to a handling/restocking charge. Even after Rev-Amp has authorized the return of goods for credit, Rev-Amp reserves the right to adjust the amount of any credit given to Purchaser on return of the goods based on the conditions of the goods on arrival in Rev-Amp’s warehouse.  Credit for returned goods will be issued to Purchaser only where such goods are returned by Purchaser and not by any subsequent owner of the goods.  Goods will be considered for return only if they are in their original condition and packaging at time of sale.

16.  TERMS OF PAYMENT

Unless otherwise stated, invoices on “open account” shipment are payable within thirty (30) days of invoice date.  Unless specifically provided, no cash discount shall be available to Purchaser.  When cash discount is offered, the discount price is computed from the date of invoice. Rev-Amp does not offer cash discount on C.O.D. shipments. Should payment not be made to Rev-Amp when due, Rev-Amp reserves the right, until the price has been fully paid in cash, to charge Purchaser with interest on such overdue payments at the rate of eighteen per cent (18%) per annum.  The charging of such interest shall not be construed as obligating Rev-Amp to grant any extension of time in the terms of payment.

17.  CHANGES AND CANCELLATION

Orders accepted by Rev-Amp are not subject to changes or cancellation by Purchaser, except with Rev-Amp’s written consent.  In such cases where Rev-Amp authorizes changes or cancellation, Rev-Amp reserves the right to charge Purchaser with reasonable costs based upon expenses already incurred and commitments made by Rev-Amp, including, without limitation, and labour done, material purchased and also including Supplier’s usual overhead and reasonable profit and cancellation charges from Rev-Amp’s suppliers.

18.  THE AGREEMENT

An acceptance and official confirmation of Purchaser’s order by Rev-Amp shall constitute the complete agreement, subject to the terms and conditions of sale herein set forth, and shall supersede all previous quotations, orders or agreements.  The law of the Province of Ontario shall govern the validity, interpretation and enforcement of these terms and conditions of sale and of any contract of which these terms and conditions are a part. 

19. Website Terms of Use

Except as expressly otherwise provided in a written agreement between you and Rev-Amp, all information and publications, as well as the web site itself, are provided "as is" without any warranty of any kind whatsoever, and Rev-Amp hereby disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Further, Rev-Amp disclaims any and all warranties of non-infringement, title or quiet enjoyment. Under no circumstances will Rev-Amp be liable for any special, indirect, or consequential damages, or for any damages whatsoever, resulting from the loss of use, data, or profits, in any action for breach of contract or warranty, or tort (including negligence), arising out of or in connection with the information and publications contained on this web site, and/or the web site itself.

You assume all risks relating to and/or arising from the suitability and accuracy of the information and publications contained on the web site. The web site and the information and publications contained on it may incorporate technical inaccuracies and/or typographical errors. Rev-Amp assumes no responsibility for, and disclaims all liability for, any such inaccuracies, errors, or omissions on the web site, the information and publications contained on it, and in any and all other referenced or linked documents.

Rev-Amp may make changes to the information, publications, and the web site at any time and without notice.

This web site and the information and publications contained on it are distributed internationally, and may contain references to Rev-Amp products and services that have not been announced and/or are not available in your country.

These references do not imply that Rev-Amp intends to announce such products or services, or to make them available, now or at any time in the future, in your country.

This web site contains links to third party sites which are not under the control or direction of Rev-Amp, and Rev-Amp assumes no responsibility whatsoever for the representations, information, products, functionality and/or content of any such site. If you access a third party site via a link from this web site, you do so at your own risk. Rev-Amp provides these links merely as a convenience, and their inclusion on this web site does not mean that Rev-Amp promotes, endorses, or accepts the content on those third party sites.

No rights to volunteered information:

Should you, or any other viewer of this Web site, respond with information, feedback, data, questions, comments, and/or suggestions, that response will not be treated as confidential, and Rev-Amp shall be free to reproduce, use, disclose, and distribute the response to others, without limitation. You agree that Rem=Amp is free to use any ideas, concepts, algorithms, or techniques contained in your response for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and/or services incorporating your ideas, concepts, algorithms, and techniques.