TERMS AND CONDITIONS - SEGO CANADA

TERMS AND CONDITIONS FOR SEGO CANADA INC., A LONE TREE COMPANY.

 

Both Sego Canada Inc. (“Sego”) and Customer (as identified on the cover page of this Sales Order) agree that the sale of any goods, products, and/or services required to provide the goods and products identified on the Sales Order are subject to the following terms and conditions:

Acceptance of Terms and Conditions

  1. The Sales Order (including these Terms and Conditions) will be deemed accepted by Customer’s written or verbal acknowledgment or confirmation of the requirement for Goods or Services, commencement of performance of any of Sego’s obligations under the Sales Order, or other indication of Customer’s agreement, whichever occurs first.

Payment

  1. Unless otherwise agreed to by the parties in writing, or on the face of the Sales Order, Customer shall pay Sego the total amount of the invoice on a net 30 days from the date of Sego’s invoice.

  2. A service charge will be added to all past due accounts at the rate of 2% per month (26.8% per annum) on overdue accounts commencing on the due. In the event Customer fails to pay Sego as described above, Customer shall identify Sego for all costs, expenses, damages, losses which relate to the collection of outstanding amounts including but not limited to third-party collection fees and collection fees on a solicitor-and-own client basis.

  3. Start-up and commissioning are extra unless included in the body of the quotation.

Change to Customer Orders

  1. The Customer may only adjust quantities of goods ordered or the time frame for delivery of Goods by providing Sego with a written request, within five (5) days of Sego issuing an invoice to Customer (the “Change Deadline”).

  2. No Customer request for adjustments after the Change Deadline and Customer shall be bound to complete the transaction as described on the applicable Sales Order.

  3. Notwithstanding section 4 of these terms and conditions, Customer shall not have any ability to adjust quantities of goods or time frame for delivery of goods which have been identified as “Special Order” goods on the Sales Order.

Final Sale and Discretionary Stocking Fee

  1. Customer agrees and acknowledges all items identified on the face of this Sales Order are considered final sale. Subject to the warranty provisions of this Agreement, Sego is under no obligation to accept return of any goods from Customer, nor shall Customer be eligible for any refunds.

  2. No merchandise will be accepted for credit adjustment unless pre-authorized in writing by Sego’s branch manager.

  3. If Sego in its sole discretion agrees to the return of goods, the goods must be in saleable condition in its original packaging. Any returned goods accepted by Sego for credit will be subject to a restocking fee of 20% of the invoiced price of the goods. All returned goods must be FOB to our branch locations. Nothing in this provision obligates Sego to accept the return of goods.

Cancellation Fees

  1. Any order for goods which are canceled by Customer are subject to cancellation fees which are set out in Sego’s quotation/sales order to Customer.

  2. The Customer agrees and acknowledges that any items identified as a “Special Order” is a customized manufacturing job and therefore cancellation fees shall equal 100% of the purchase price once manufacturing of the item has commenced.

Warranty

  1. Customer’s warranty for goods is limited to the manufacturer’s warranty (if any applies). Sego disclaims all warranties in relation to the goods whether express or implied that the goods will be fit for purpose, suitable for Customer’s intended purpose, or merchantable. In the event any goods contain a defective part within thirty (30) days of delivery, Customer shall notify Sego promptly and Sego will make commercially reasonable efforts to facilitate communications between Customer and manufacturer. Commercially reasonable efforts do not include any responsibility with respect to labor costs, freight costs, or any other costs associated with the return or replacement of any defective part. Defective parts must be returned to Sego’s branch locations FOB subject to prior written approval and assignment of a Return Material Request, with date of purchase, date of installation, date of failure, and copy of the original invoice.

  2. Customer agrees and acknowledges that Sego is not responsible for:

    • Anything beyond what the manufacturer’s warranty will cover if any; or

    • Manufacturer defects or design defects; or

    • Delay of shipment; or

    • Errors and/or omissions in material selection; or

    • Improper material, installation, and handling; or

    • Improper pairing of motor and VFD/controller equipment.

Limitation of Liability

  1. Notwithstanding anything to the contrary, Sego’s maximum liability to Customer for any claims, losses, expenses, damages, costs or liabilities shall not exceed the invoiced price of the particular good which is subject of Customer’s claim for losses, expenses, damages, costs, or liabilities. In no event will Sego be liable to Customer for any indirect, incidental, or consequential damages of any kind or nature including but not limited to: loss of profits, loss of revenue, loss of business opportunity, or loss of business reputation.