Unified Architectural Products Inc.
(Effective February 3, 2019)
1. Delivery Dates are estimates only and are not guaranteed. All prices of materials are F.O.B. seller’s warehouse location. All shipments are made at Buyer’s risk. All orders to be shipped to one (1) single destination. Title to goods transfer at Seller’s warehouse.
2. Disclaimer of Limited Warranties and Liability: Seller guarantees to replace any material shipped under this order which is subsequently determined by Seller, in its sole discretion, to be defective or not to conform to Seller’s most current published specification, provided, however, that a claim, and proof thereof, is made in writing to Seller’s home office in Kingston, NB, within five (5) days after Buyer’s receipt thereof. Seller’s sole obligation here under shall be limited to replacement of material and in no event shall Seller be liable for transportation from Seller’s warehouse, installation costs, adjustment of price, or other expenses or damages which may arise in connection with such material, nor shall the Seller be liable for any other consequential, direct, or indirect damages for loss of use. The foregoing shall be the Buyer’s sole remedy under this contract and Buyer shall retain the balance of any alleged defective material for the Seller’s inspection. Seller assumes no responsibility regarding coverage of materials, performance, or injuries resulting from the application or use of materials. Unified Architectural Products Inc. accepts no responsibility in case of damage that results from non-compliance with manufacturer’s installation instructions, and improper installations. When required, training certification must be completed by installer of the product at their own cost. Full skid orders of 36 pails are FOB buyer’s warehouse any partial orders are not prepaid. In no case is material to be returned for refund or credit without first obtaining permission from Seller’s home office in Kingston, NB. Material may be returned up to thirty (30) days from the date of purchase, provided the material has 6 months of shelf life remaining. All returns must be approved by Unified Architectural Products head office and accompanied by the proper Returned Material Authorization (R.M.A) paperwork prior to shipping to head office warehouse in Kingston, NB. All returns are subject to a minimum 25% restocking charge, any necessary repacking costs, and prepayment of shipping charges by Buyer. Unified Architectural Products will only accept returns that are in full case or pail unopened quantities and saleable packaging. Any freight costs for shipping are to be covered at buyer’s expense to our warehouse in Kingston, NB.
3. Any claim of Buyer against Seller, or its agent, for any cause arising here under, other than defective material as provided in paragraph 2, shall be deemed waived and released by Buyer unless made in writing to Seller’s home office in Kingston, NB within five (5) days after Buyer’s receipt of material. All orders should be checked carefully upon receipt. If you notice any damage sign the delivery information as damaged, claim then can be filed with the carrier. Without the damage being reported on delivery, a claim can not be filed with the carrier and Unified Architectural Products Inc. will not be responsible for the shipment.
4. Credit terms shall pay within Net 30 days from the date of invoice. On Past Due Accounts will be subject to a service charge of 2% per month (24% per annum). Unified Architectural Products Inc. hereby reserve the right without prejudice, to place the account on hold, or withhold any shipment, in whole or part, should the account be considered in default of these terms.
5. INDEMNITY: Buyer agrees to protect, defend, indemnify, and hold harmless Seller, and its agent, from and against all claims, demands, causes of action, losses, damages, costs, liabilities, and expenses which may be asserted against or incurred by Seller, or its agent, arising out of the manufacture and/or sale of any products furnished to or for Buyer in compliance with Buyer’s specifications, including any claim, demand, or liability.
6. This Agreement shall be governed by the laws of the Province of New Brunswick and the parties hereby attorn to the jurisdiction of the courts of the Province of New Brunswick in the event of any disputes.
7. Head Office Warehouse: 49 Stillwater Lane, Kingston, NB E5N 0C6