AEB Terms and Conditions of Sale

  1. SELLER HEREBY EXPRESSLY EXCLUDES ANY AND ALL CONDITIONS, WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
  2. It is Buyer’s responsibility to evaluate the accuracy, completeness, reliability and usefulness of any recommendation, advice or other information provided by Seller in connection with the suitability of any of the goods for specific applications or otherwise. Such information shall not be interpreted or relied upon as professional advice, or as advice on specific facts or matters. Accordingly, Seller cannot and does not assume any responsibility or liability whatsoever for any use or misuse of such information including without limitation the results obtained from use of the goods whether used alone or in combination with other products.
  3. Seller shall not be responsible for any failure to deliver the goods due to any cause beyond Seller’s control. In no event will Seller be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by delay in the delivery of the goods, nor will any delay entitle Buyer to cancel the order.
  4. Seller shall have the right, on all orders, to ship and bill for a quantity of goods greater or less than the exact quantity ordered up to a variation of 10 percent unless otherwise expressly provided for herein.
  5. Any claim made by Buyer that the quantity of the goods delivered is less than the quantity stated on the packing slip must be made within 20 days from the date of delivery, failing which Buyer shall be conclusively deemed to have accepted the quantity received as being correct.
  6. Unless otherwise stated, delivery shall be made to Buyer at Seller’s shipping point even when freight is prepaid to point of destination. Title to the goods and risk of loss shall pass to Buyer upon delivery of goods to carrier, and Buyer shall be responsible to arrange for adequate insurance coverage for all risks of loss or damage to the goods after leaving Seller’s shipping point.
  7. Payment may be made only at the offices of the Seller.
  8. Prices quoted are valid for immediate acceptance only and are subject to change without notice. Seller reserves the right to correct any transcription or clerical errors.
  9. Orders for non-standard and custom goods require payment in advance and are non-cancelable. Payments by credit card will be processed at time of order.
  10. Despite any costs incurred by Buyer for dies, tools, moulds, printing plates and other devices used in the production of the goods, all such devices are and shall remain the property of the Seller or Seller’s supplier, as the case may be.
  11. If the financial condition of the Buyer becomes unsatisfactory to Seller, in its sole discretion, Seller may, by written notice, cancel the order in whole or in part, or require the Buyer to provide adequate assurance of performance, without any liability to Seller.
  12. Buyer may return goods other than non-standard, non-stocked or custom goods, for a valid reason, as determined by Seller, in its sole discretion, provided that Buyer notifies Seller within 20 days of delivery, and obtains written permission for return of goods from Seller’s customer service department by way of a Return Authorization Number. Failure of Buyer to give such notice within such period shall constitute an unqualified acceptance of the goods and waiver by Buyer of all claims with respect thereto. The goods returned shall be shipped to Seller, at Buyer’s sole expense, and must reference the Seller’s Return Authorization Number. Goods returned without a Return Authorization Number will not be accepted. The granting of permission to return goods is conditional and not final until the goods are received and inspected by Seller. Any inconsistencies will be brought to the Buyer’s attention in writing within 20 days of receipt of the returned goods.

    If permission for return of goods is granted, a restocking charge of 25% will apply as well as transport costs to return the goods to the supplier. If transport was not charged at the time of shipment it will appear as a charge on the ensuing credit.

    Seller’s sole liability in the case of goods which are not of Seller’s standard quality shall be to replace the goods or reimburse the price paid, at Seller’s sole option. In no event shall Seller be liable for direct, indirect, consequential or punitive damages, including but not limited to any damages for lost profits or business opportunities or damage to reputation.
  13. Seller will furnish Buyer with Material Safety Data Sheets (MSDS) at the time of purchase of WHMIS regulated goods (“WHMIS goods”). It is Buyer’s obligation to obtain the most recent version of the MSDS for WHMIS goods and for such purposes may contact Seller by phone, fax or email, or visit the manufacturer’s website, if available. Seller will notify Buyer of any significant new hazard information that may become available in respect of WHMIS goods purchased in the 12 month period immediately preceding the date upon which any such information has become available.
  14. Seller shall comply with all applicable prescribed safety requirements with respect to goods which are classified under the Transportation of Dangerous Goods Act, 1992 (1992, c.34) as “dangerous goods” and shall provide carriers with all applicable prescribed documents and means of containment displayed with safety marks as prescribed by law. Seller gives no warranty as to whether the carrier carries sufficient coverage in respect of such goods and will not be responsible for any loss or damage caused to or by the goods in transport to the Buyer. It is Buyer’s obligation to acquaint itself and to comply with applicable requirements and restrictions imposed by governmental and other authorities relating to the transport of dangerous goods, where Buyer collects the goods directly from Seller. In any event, Buyer is solely responsible to arrange for adequate insurance coverage.
  15. This purchase and sale agreement shall be governed by and construed in accordance with the laws of the Province of Quebec for purchases from the Montreal office and with the laws of Ontario for purchases from the Toronto office.
  16. All of the terms and conditions of this purchase and sale agreement are set forth in this instrument, and supersede any variances with the terms and conditions of Buyer’s purchase order.
  17. For payments made by credit card, acceptance of these terms constitutes authorization to deduct the sale price plus taxes and freight from Buyer’s credit card.
  18. The parties hereby confirm that they have requested that the present document, and all other documents, contracts, or notices in connection therewith, be drafted in the English language. Les parties ont exigé que la présente convention et tout autre document, contrat ou avis afférent ou ancillaire à la présente soient rédigés en langue anglaise.

Rev – June 2008

For more information call us at:
Montreal ⇒ 1-800-879-5748
Toronto ⇒ 1-888-664-2643

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