Kinetico of Caledon Standard Terms &
Conditions of Sale

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Applicable Terms 

These terms govern the purchase and sale of the equipment / services (Equipment) referred to in Seller(s) purchase order, quotation, proposal or acknowledgment, as the case may be (Seller(s) Documentation).  Whether these terms are included in an offer or an acceptance by Seller(s), such offer or acceptance is conditioned on Buyer(s) assent to these terms.  Seller(s) rejects all additional or different terms in any of Buyer(s) forms or documents.

Payment

Buyer(s) shall pay Seller(s) the full purchase price as set forth in Seller(s) Documentation.  Unless Seller(s) Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment or any included services shall be paid by Buyer(s).  If Seller(s) is required to pay any such charges, Buyer(s) shall immediately reimburse Seller(s).  All payments are due C.O.D. with receipt of invoice.   Buyer(s) shall be charged the lower of 2 % interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller(s) reasonable costs (including attorneys fees) of collecting amounts due but unpaid.  Should Buyer(s) fail to pay full purchase price for any and all equipment as outlined on the Sales Documentation, the Seller(s) endorsement on said Sales Documentation constitutes undisputed permission for Kinetico Of Caledon to enter premises where said Water Treatment Equipment has been installed and proceed with the complete removal of any and all water treatment equipment in lieu of confirmed / complete payment for same. Any Water Treatment Equipment Removal will be preceded by a Sixty (60) day period inclusive of which, and following, that all avenues of collection have there-by been exhausted, hence, the exercised equipment removal. Any and all orders are subject to credit approval. NSF chq(s) are subject to an applicable surcharged @ $30.00 / chq + Interest @ 2% per Month

Delivery

Delivery of the Equipment shall be in material compliance with the schedule in Seller(s) Documentation.  Unless Seller(s) Documentation provides otherwise, Delivery terms are F.O.B. Seller(s) facility.

Changes

Seller(s) shall not implement any changes in the scope of work described in Seller(s) Documentation unless Buyer(s) and Seller(s) agree in writing to the details of the change and any resulting price, schedule or other contractual modifications.  This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms.

Warranty

Seller(s) warrant(s) to Buyer that the Equipment shall materially conform to the description in Seller(s) Documentation and shall be free from defects in material and workmanship.  If Buyer(s) gives Seller(s) prompt written notice of a breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (within the Warranty Period), Seller(s) shall, at its sole option and as Buyer(s) sole remedy, repair or replace the subject parts or refund the purchase price.  If Seller(s) determines that any claimed breach is not, in fact, covered by this warranty, Buyer(s) shall pay Seller(s), its then customary charges for any repair or replacement made by Seller(s).  Seller(s) warranty is conditioned on Buyer(s) - (a) operating and maintaining the Equipment in accordance with Seller(s) instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller(s).  Seller(s) warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation, unless installed by Seller(s). Please focus on/see Warranty on Equipment and Expendables bellow.  THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER(s) SOLE AND EXCLUSIVE WARRANTIES.  SELLER(s) MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.

Warranty on Equipment and Expendables

(1.a) Warranty on new Equipment installed by Kinetico Of Caledon is 1 Year “ONLY” from date of Installation.
(1.b) Warranty on Labour on New Equipment installed by Kinetico Of Caledon is 1 yr from date of Installation. (1.c) Warranty on Repairs made to Equipment outside of warranty period is 30 Days from date of repair. (1.d) New U.V bulbs are warranted for a period of 30 days from the date of installation by Kinetico Of Caledon (1.e)  Warranty on expendables (i.e. Filters / Chemicals) 10 Days from Installation by Kinetico Of Caledon. (1.f). Warranty on expendables (i.e. Filters / Chemicals) not installed by Kinetico Of Caledon are subject to ABSOLUTELY NO WARRANTY OF ANY KIND. (1.g) There is no warranty if any of all equipment has frozen due to buyers neglect to ensure that the area were the equipment / pipe work was not heated.(1.h) Should Buyer(s) be in default of any payment obligations, dispute of payment obligations, there is no warranty or related equipment service until the account has been paid in full along with any and all collection fees.

Indemnity 

Seller(s) shall indemnify, defend and hold Buyer(s) harmless from any claim, cause of action or liability incurred by Buyer(s) as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller(s) negligence.  Seller(s) shall have the sole authority to direct the defense of and settle any indemnified claim.  Seller(s) indemnification is conditioned on Buyer(s) (a) promptly, within the Warranty Period, notifying Seller(s) of any claim, and (b) providing reasonable cooperation in the defense of any claim.
1. A/The Seller(s) is only responsible to a max of $500.00 towards any claims arising out of flooding/ equipment failure (spit tanks / split water lines etc) beyond our control, as we have no control over what happens once our Technicians have left the installation / equipment site.

Force Majeure

Under no circumstances shall either Seller(s) or Buyer(s) have any liability for any breach (except for payment obligations) caused by extreme weather or other act of God, strike or other Labour shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, change in law or other act of government or any other cause beyond such party's reasonable control.

Cancellation

If Buyer cancels or suspends its order for any reason other than Seller(s) breach, Buyer(s) shall pay Seller(s) for work performed prior to cancellation or suspension and any other direct costs incurred by Seller(s) as a result of such cancellation or suspension.

LIMITATION OF LIABILITY

NOT WITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER(s) TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT.  THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.

Miscellaneous

If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included.  These terms, together with any quotation, purchase order or acknowledgement issued or signed by Seller(s), comprise the complete and exclusive statement of the agreement between the parties (the Agreement) and supersede any terms contained in Buyer(s) documents, unless separately signed by Seller(s).  No part of the Agreement may be changed or cancelled except by a written document signed by Seller(s) and Buyer(s).  No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement.  If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect.  Buyer(s) may not assign or permit any other transfer of the Agreement without Seller(s) prior written consent.  The Agreement shall be governed by the laws of the Province in which the goods in question are sold without regard to its conflict of laws provisions. Kinetico Of Caledon reserves the right to amend, alter, modify, and or, change any, or all of the aforementioned at any time without prior notice of any kind.