Terms and Conditions

1. Application of Terms and Conditions

These terms and conditions (the “Terms and Conditions”) shall govern the sale by E.B. Horsman & Son (the “Seller”) of any and all items (the “Product(s)”) sold by the Seller to the Customer. The Customer agrees to be bound by these Terms and Conditions.

These Terms and Conditions represent the entire agreement between the parties with respect to the sale of the Products to you and supersede any previous written or oral orders, quotations or other communications or representations by either party related to the Products and may only be waived, modified or altered by written agreement signed by a duly authorized representative of the Seller prior to acceptance of these Terms and Conditions.

2. Governing Law

These Terms and Conditions and sales made hereunder shall be deemed to have been made in the Province of British Columbia and shall be governed by the laws of the Province of British Columbia and the applicable laws of Canada. In the event of a dispute, the parties hereby agree to attorn to the exclusive jurisdiction of the courts of the Province of British Columbia.

3. Orders and Payment

Quotations provided by the Seller will be valid for the period of time stated in the quotation and if no time period is stated for a period of 30 days from the date on the quotation. The minimum purchase price on any order or quotation shall be $25.00. Orders shall not be binding on the Seller until accepted by the Seller.

Subject to credit department approval and unless otherwise agreed to in writing, the Customer will, on or before the 30th day of the month following the date on which the Product is invoiced, pay the Seller in Canadian Dollars in full for the Product so invoiced. The Customer agrees to pay interest on all amounts past due at a rate of 2% per month, or 26.8% per annum.

Terms of payment are within the Seller’s sole discretion and regardless of any prior approval of credit, the Seller may modify the foregoing terms of payment, including, but not limited to, placing the account on a letter-of-credit basis, requiring full or partial payment in advance and/or suspending deliveries of the Product until the Customer provides assurance of performance reasonably satisfactory to the Seller if, in the Seller’s sole judgment, the financial condition of the Customer at any time prior to shipment so warrants.

The Product shall remain personal property notwithstanding its mode of attachment to real or other property. If the Customer is in default of payments as outlined herein, the Seller may retain any partial payments which have been made as liquidated damages and the Seller shall be entitled to immediate possession of the Product and shall be free to enter the premises where the Product may be located and remove the Product as the Seller’s property without prejudice to the Seller’s right to recover any further expenses, including expenses arising fro the removal or disassembly of the Product, or damages suffered by the Seller as a result of such non-payment by the Purchaser.

4. Prices and Applicable Taxes

Purchase prices and quotations do not include charges for shipping and handling and applicable federal and provincial taxes and the Customer agrees to pay all such shipping and handling charges and taxes.

The Seller reserves the right to alter the price applicable to any Product unshipped at the date of any such alteration. The Seller may increase the purchase price of the Product on any increase in the cost of raw materials to the Seller.

5. Delivery

Unless otherwise agreed to in writing the Product shall be considered delivered to the Customer when the Seller makes the Product available to the Customer at the Seller’s warehouse or the Seller’s suppliers’ warehouse.

6. Title and Risk

Title in the Product and risk of loss shall pass to the Customer upon shipment from the Seller’s Warehouse or the Seller’s supplier’s warehouse as the case may be. The Customer shall pay all transportation and other charges arising from the shipment of the Product.

7. Shipping

Any Product availability or shipment dates given by the Seller are estimates only and the Seller is not liable for any loss, damage, cost or expense arising from any delay in Product availability or shipment.

Any unshipped Product or balance of Product, resulting from the Purchaser’s refusal or inability to take delivery, remaining in the Seller’s possession after the expiry date of 30 days (the “Expiry Date”) will be invoiced to the Customer on the usual terms, as though the Product had been shipped. If any Product remains unshipped after the Expiry Date, the Customer shall pay the Seller storage charges.