Terms & Conditions of Sales

Terms & Conditions of Sales 

 

Prices
Prices as set forth in the price lists are subject to change without notice, unless GRUNDFOS CANADA INC. (GRUNDFOS) has agreed in writing to maintain a specified price for a stated period. Every effort will be made to notify customers in advance of price changes. Customer orders which call for further shipment at customer's option will be filled at prices in effect at the time of shipment unless otherwise agreed upon in writing. GRUNDFOS reserves in the right to correct errors at any time. Representatives and distributors have the right to set resale prices to their customers. All prices effective in Canada only.

Quotations
Any written quotations or drawings submitted remain the property of GRUNDFOS. These documents contain confidential information and are loaned to the Buyer on the condition that it and its representatives have, by receiving them agreed not to, without permission, reproduce or copy them in whole or in part, or to disclose information from them to others. All quotations are issued for acceptance, by the Buyer within thirty (30) days from date of issue unless otherwise specified in writing.

Orders
A. Orders are subject to approval and acceptance at the GRUNDFOS main office in Oakville, Ontario.
B. Orders are subject to continuous credit approval by GRUNDFOS.
C. GRUNDFOS objects to and is not bound by any term or condition on the Buyer's order, which is different from or in addition to the terms and conditions of GRUNDFOS. GRUNDFOS agrees to sell to Buyer on the express condition that the Buyer assent to GRUNDFOS Standard Terms and Conditions of Sale as set forth in this document.
D. Expedited Orders - GRUNDFOS reserves the right to charge for guaranteed same or next day shipments. It is our desire to ship products at the required time as expressed on the order. If orders are expedited – dates will be only verified and supported with GRUNDFOS selected carriers.

E. Will Call - GRUNDFOS will attempt to deliver product as desired by the customer and thus we will accept requests to use customer carriers. We accept no liability for damaged goods with these carriers and expect the requested carrier to pick up within 48 hours of notifying the customer / carrier for pickup. If goods are not picked up in 48 hours GRUNDFOS reserves the right to select another carrier and charge freight on the invoice.
F. Cancellations - Oral or written orders that have been approved and accepted by GRUNDFOS are firm commitments and are not subject to cancellation without written consent of GRUNDFOS. If an order for a special construction or specialty ordered item is cancelled, there will be a minimum 50% cancellation charge plus any rush or air freight charges incurred by GRUNDFOS.
G. Small Orders - Orders less than $25.00 received on extranet or EDI will be up charged to $25.00; orders received by other means less than $25.00 will be up charged to $100.00.

Loss, Delay OR Damage
Estimates of order shipping date are based on conditions at the time the estimate is made. If orders ship later than the estimated date, GRUNDFOS shall not be liable for any loss, delay or damage resulting from causes beyond its reasonable control or caused in whole or in part by strikes, boycotts, fire, labour shortages or disputes, acts of vandalism, governmental requirements, accidents, wars, delay of carriers, or force majeure.

Freight Policy
A. All merchandise is shipped F.O.B. Oakville, Ontario (Grundfos warehouse). Orders will be shipped prepay & add; however, GRUNDFOS may agree to ship collect if so requested by the Buyer. Orders may qualify for prepaid freight (See “Prepaid Freight” below)
B. Prepaid Freight - Shipments qualifying for prepaid freight charges will only be made to common carrier points within Canada GRUNDFOS reserves the right on freight-prepaid shipments to determine the method of transportation and shipment routing. If the Buyer requires special routing, Air Shipment or other method of transportation, the Buyer shall pay for additional expenses incurred above the normal GRUNDFOS shipping practice.

Claims
All products are shipped at Buyer's risk and should be examined carefully as to condition and quantity before any receipt is given to a transportation company. Buyer should make a notation of products delivered in a damaged condition on the original freight bill and notify the local agent for the transportation agency, in order that proper claimmay be filed for restitution. (No claims for shortages will be allowed by GRUNDFOS unless reported in writing within fifteen (15) days from the date of shipment.)

Return of merchandise
A. Returns to Stock - All merchandise being returned to Grundfos Canada Inc for any reason must be accompanied by a Return Material Authorization Form (RMA) issued by the Customer Service Department in Oakville, Ontario. RMA’s are valid for 90 days.
B. Any product returned without an RMA number will be refused by the Grundfos Canada receiving department.
C. Product must be listed in the current Grundfos Canada price list.
D. All credits will be processed based on the net price at the time that the product was purchased from Grundfos Canada.
E. Product eligible for return must have a date code less than 18 months from the date of manufacture.
F. Product must be in original packaging, not previously been installed and not modified by the customer in any way.
G. Any product that has been specialty built or modified, i.e. impeller has been trimmed will not be accepted for return by Grundfos Canada.
H. Items returned with no RMA issued or an expired RMA will incur a minimum of 50% restocking charge.
I. Restocking Charges - All returned merchandise shall be shipped to Grundfos Canada in Oakville; freight prepaid by the Buyer, and shall be subject to a minimum 30% restocking charge. The Buyer is also responsible for any additional charges deemed necessary by Grundfos Canada in order to bring returned merchandise to a saleable condition. Obsolete or heavily damaged merchandise will not be accepted.

Terms of Payment
Credit terms as indicated on invoice. The Buyer acknowledges and agrees that if charges are not paid within net terms, a service charge of two percent (2%) per month (twenty-four percent (24%) annual rate may be assessed on the past due account. Payment of the service charge is not an alternative to payment in full.

Taxes
In addition to the price of the products currently in effect, Buyer shall pay all GST, PST and any local taxes or charges imposed upon the sale of the products by GRUNDFOS to Buyer.

Warranty
Products manufactured by GRUNDFOS are warranted to the original user only to be free of defects in material and workmanship for a period of 24 months from date of installation, but not more than 30 months from date of manufacture. GRUNDFOS' liability under this warranty shall be limited to repairing or replacing at GRUNDFOS' option, without charge, F.O.B. GRUNDFOS' factory or authorized service station, any product of GRUNDFOS manufacture. GRUNDFOS will not be liable for any costs of removal, installation, transportation, or any other charges that may arise in connection with a warranty claim. Products, which are sold but not manufactured by GRUNDFOS, are subject to the warranty provided by the manufacturer of said products and not by GRUNDFOS' warranty. GRUNDFOS will not be liable for damage or wear to products caused by abnormal operating conditions, accident, abuse, misuse, unauthorized alteration or repair, or if the product was not installed in accordance with GRUNDFOS' printed installation and operating instructions.

To obtain service under this warranty, the defective product must be returned to the distributor or dealer of GRUNDFOS products from which it was purchased together with proof of purchase and installation date, failure date, and supporting installation data. Unless otherwise provided, the distributor or dealer will contact GRUNDFOS’ or an authorized service station center for instructions. Any defective product to be returned to GRUNDFOS or a service station center must be sent freight prepaid; documentation supporting the warranty claim and/or a Return Material Authorization must be included if so instructed.

GRUNDFOS WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING FROM INSTALLATION, USE, OR ANY OTHER CAUSES. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH EXTEND BEYOND THOSE WARRANTIES DESCRIBED OR REFERRED TO ABOVE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages and some jurisdictions do not allow limitations on how long implied warranties may last. Therefore, the above limitations exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from jurisdiction to jurisdiction.

Choice of Law
This agreement shall be governed by and construed in accordance with the laws of the province of Ontario. Buyer agrees that all actions or proceedings arising directly or indirectly out of a sale of products from GRUNDFOS to Buyer shall be litigated only in courts located within Ontario, and Buyer consents to the jurisdiction of any such local, provincial, or federal court.