All sales of goods and services are subject to the attached terms and conditions.
Title to the goods sold to the customer remain in Conestogo Electric Inc. (“Conestogo”) until paid in full (including all applicable sales, goods and services and other taxes and interest on overdue accounts) and whether or not such goods have been affixed or otherwise attached to any real or other property of the customer or any third party.
Payment is due upon receipt of your invoice, as indicated by the invoice date, unless otherwise stated on the face of the invoice. Interest shall accrue on all overdue accounts at the rate of 24% per annum calculated and compounded monthly.
All sales are final. Conestogo’s only warranty shall be that the goods supplied shall be of merchantable quality in accordance with specification attached. All work done shall be in a good and workmanlike manner. Conestogo’s liability under this warranty shall be restricted to replacing all goods shown to be otherwise than as warranted and/or work which has not been done in a good and workmanlike manner. Liability is limited to such replacement and Conestogo shall in no case be liable whatsoever or howsoever caused. Delivery of good and/or the provision of services by Conestogo shall be subject to delays caused by any force majeure which shall include but not be limited to national defense, civil commotion, strike, labour trouble, fire, flood, accident, failure in production equipment, inability to obtain material or any other cause beyond the reasonable control of Conestogo.
All sales taxes, goods and services taxes or transaction taxes that are payable as a result of the supply of goods and/or services by Conestogo to the customer shall be the responsibility of and be paid by the customer to Conestogo on the same terms and conditions as any other amounts due on any invoice by Conestogo to the customer.
Delivery shall be considered to be made by Conestogo when goods are delivered to the customer or at customer’s designated destination. Delivery of services shall be considered to be made where services are performed upon or at the lands or premises designated by the customer for same. Risk of loss of the good shall be the customer’s upon and after delivery to the customer. Risk of loss in any services performed shall be customer’s upon and after the provision of such services or partial services as may have been performed to the date of such loss.
Customer agrees that until goods and services supplied by Conestogo are paid in full, Conestogo may enter upon or in any lands and premises where the goods and services sold are installed or otherwise located for the purposes of removing same without any recourse from the customer or any third party. The customer agrees to indemnify and save harmless Conestogo from any suit, action, demand or other claim whatsoever or howsoever made by any third party(ies) or whomsoever arising out of any such recovery action taken by Conestogo in this regard. Any action taken by Conestogo in accordance with this paragraph shall be without prejudice to any other right or remedy in law or equity or otherwise that Conestogo may have to recover all amounts owing by the customer to Conestogo.
All costs for the recovery of any goods supplied, services performed or the invoiced amount thereof shall be collectible by Conestogo in addition to any other amounts outstanding to it from the customer. Such amounts shall include, but not be limited to, legal fees for the collection of any amounts outstanding and Conestogo’s costs in this regard shall be paid by the customer on a solicitor and his client basis.
The foregoing provisions and the provisions on the attached side hereof form the entire agreement between the parties. All terms and conditions on the attached which are expressly contrary to the terms and conditions expressed above shall be deemed to amend the terms and conditions expressed above accordingly.