Specifications
Specifications as set forth in all printed matter are subject to change without notice.
Terms of Payment
A service charge of 2% per month will be charged on all past due accounts (equivalent to 24% annually). Purchaser is liable for all legal costs if the account is placed for collection.
Returns
No returns will be made without the written consent of the factory. All shipments must be freight prepaid F.O.B. manufacturer’s point of shipment. Merchandise returned because of defects, in material or workmanship, will be at the seller’s expense. UNAUTHORIZED RETURNS WILL BE REFUSED.
Obsolescence
No returns will be accepted because of design changes, or new products in the company line. Flextech retains the right to change design without prior notice.
Damaged Merchandise
The responsibility for items lost or damaged, in transit, are that of the buyer. These claims should be filed with the transportation company.
Conditions of Sale
Changes of the price of items sold by Flextech may be executed without notice. Cancellation or postponement of an order after the submittal of approval drawing(s), or after production commencement, is subject to cancellation fee(s).
Suitability
Conditions and applications vary to such a large extent throughout the world. The Purchaser must determine the suitability of Flextech products for their application.
Special Testing
The Purchaser shall pay the cost of any special inspection or testing, over and above the standard factory procedure.
Acceptance of Orders
All purchase orders are subject to acceptance of Flextech, and no order will be binding upon Flextech until the same has been accepted in writing or by email by Flextech. Each purchase order will be deemed to be an offer by the Purchaser to purchase the products pursuant to the terms of this agreement and, when accepted by Flextech, will give rise to a contract between the Purchaser and Flextech for the sale of the products ordered and will be subject to and governed by the terms of this agreement.
Warranty and Limitation of Liability
All products manufactured by Flextech are warranted to be free from defects in material and workmanship for a period of 1 year, provided such products are used in accordance with the best practices accepted in the trade. Flextech’s warranty extends only to parts and products manufactured by Flextech. It does not extend to products or parts manufatured by others, or incorporated in Flextech’s products.
In the event of any breach in Flextech’s warranty, Flextech’s only obligations shall be to deliver to the Purchaser, without charge, a suitable replacement product, or part, or at Flextech’s discretion to issue full credit.
IN NO EVENT SHALL THE PURCHASER HAVE ANY OTHER REMEDY FOR BREACH OF WARRANTY OR FOR BREACH OF ANY OTHER TERM OF CONDITION OF SALE, TORT, OR OTHERWISE. NOR SHALL FLEXTECH BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGE, INCURRED BY THE BUYER, ITS CUSTOMERS OR OTHERS AS A RESULT OF THE PURCHASE, RESALE, OR USE OF ANY PRODUCT MANUFACTURED OR SOLD BY FLEXTECH.
All claims for breach of warranty must be made in writing immediately upon discovery, and sent by registered mail to Flextech, at its home office, Langley, BC. Any defective products must be held for Flextech’s inspection, and returned to Flextech promptly upon request. Any suit on Flextech’s warranty must be commenced within (1) year after the cause of action arises.
FLEXTECH DOES NOT MAKE ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PRODUCTS AND/OR PARTS MANUFACTURED OR SOLD BY IT. NOR ANY OTHER WARRANTIES OF ANY KIND, OTHER THAN THE EXPRESS WARRANTY SET FORTH ABOVE. ANY REFERENCES BY FLEXTECH TO THE BUYER’S SPECIFICATIONS OR REQUIREMENTS, ARE FOR IDENTIFICATION PURPOSES ONLY AND ARE NOT TO BE CONSTRUED AS A WARRANTY, EXPRESS OR IMPLIED, OR ANY OTHER UNDERTAKING ON FLEXTECH’S BEHALF EXCEPT TO THE EXTENT SPECIFICALLY STATED AND IDENTIFIED BY FLEXTECH AS SUCH IN WRITING.