TERMS OF SALE
Set out below are the terms and conditions applicable to sales by Parasol Inc. of all products, including those listed in the Product Catalog and/or Price Sheets.
CONDITIONS OF SALE
Prices. The Purchaser agrees to pay Parasol Inc. prices published in the Parasol Inc. Price Schedule, or as quoted/invoiced at time of shipment, less applicable discounts. Such prices are subject to change by Parasol Inc. at any time without notice.
Returns. Parasol Inc. will accept returns of any defective merchandise only after it has been approved by Parasol Inc. in advance. Such returns must be shipped transportation prepaid. Returned merchandise must he currently listed, in original, sealed, factory cartons and purchased within the previous 7 days. Product Credit or replacement will be issued at current or purchased price at Parasol Inc.’s option and may be subject to a restocking charge.
Purchase Orders. Purchaser’s purchase orders for Parasol Inc. products are subject to the terms and conditions of this policy and the ordering instructions contained in Parasol Inc.’s Price Schedules published from time to time. Parasol Inc. shall not be bound by any terms, conditions or prices stated in the Purchaser’s purchase order, acceptance forms, or elsewhere, which vary, limit or add to the terms, conditions or prices of this policy.
Taxes. The Goods and Services Tax (GST) will be added to the invoice price at the rate in effect at time of shipment. Provincial and Municipal Taxes, where applicable, will be added to the invoice price at the rate in effect at time of shipment when exemption documentation is not provided by the Purchaser. U.S customers are exempt from all Canadian taxes, including the G.S.T, when goods are shipped from Canada.
Delivery. Unless otherwise expressly agreed to in writing, deliveries of the product will be made F.O.B. Parasol Inc.’s warehouse, and Parasol Inc. reserves the right to make delivery in installments unless otherwise specified at the time of order. Parasol Inc. reserves the right to select the method of transportation and the routing of shipment. A Purchaser requiring shipment by a method or routing other than that selected by Parasol Inc., will he billed the increase in transportation charges.
Loss or Damage on Shipments F.O.B. Warehouse
Parasol Inc. shall not be responsible for any loss, damage or pilferage sustained in transit. Claims of such character should be made promptly by the Purchaser against the carrier. If Parasol Inc. is notified in writing of such claims, it will lend assistance to secure adjustment. Valuation of shipment will be at carrier’s standard rates unless otherwise specified by the Purchaser at additional cost.
Loss or Damage on Shipments CIF Destination
(Exception to Standard Conditions)
If delivery is made by means other than F.O.B. Parasol Inc.’s warehouse, the Purchaser shall examine the product as soon as it is received and shall give immediate notice to Parasol Inc. and the carrier of any loss or damage sustained during transit. In the case of any damage, the Purchaser shall request an inspection of the loss or damage by a representative of the carrier and a copy of the carriers Inspection Report shall be sent to Parasol Inc. If such notice to Parasol Inc. or to the carrier is not given, the product shall be deemed to have been delivered in satisfactory condition and the price shall become due and payable in full as agreed between Parasol Inc. and the Purchaser.
Title. Delivery of goods to a carrier shall constitute delivery to the Purchaser, and regardless of freight payment and method, all risk of loss or damage in transit shall pass to the Purchaser at that time. Title to goods shall pass from Parasol Inc. to the Purchaser when Parasol Inc. has been paid in full. All goods shall continue to be the personality, notwithstanding their mode of attachment to realty or other property. If default is made in any payments herein, Parasol Inc. may retain any partial payments which have been made, as liquidated damages, and Parasol Inc. shall be entitled to the immediate possession of the goods. Parasol Inc. shall be free to enter the premises where the goods may be located, and remove them as Parasol Inc.’s property, without prejudice to Parasol Inc.’s right to recover any further expenses or damages Parasol Inc. may suffer by reason of such non-payment.
Governing Law. All contracts for the sale of Parasol Inc. products shall be governed and construed according to the laws of the Province of Ontario.
TERMS OF PAYMENT
Terms. All payments are due in accordance with invoice terms from the date of Parasol Inc.’s invoice to the Purchaser. In the case partial shipments are made at different times, prorated payments shall be made. The Purchaser agrees that should any payments not be made when due, then interest on such overdue payments shall be paid by the Purchaser at the rate of five percent (5%) per month until the price, including service charges, has been fully paid. However, this shall not be construed as obligating Parasol Inc. to grant any extension of time in the terms of payment. If legal action, any proceeding or demand is brought or made by Parasol Inc. for recovery of possession of Parasol Inc. Products, or for the collection of any purchase price or other sums payable to Parasol Inc. by the Purchaser, or because of the breach of any other terms or conditions herein contained on the part of the Purchaser to be kept or performed, the Purchaser shall pay to Parasol Inc. all expenses incurred therefore, including all reasonable solicitors’ fees in respect thereof on a solicitor and client basis.
Credit. Parasol Inc. reserves the right to reject any orders placed by the Purchaser, and refuse to ship any accepted orders on hand, or request payment in advance if at any time the Purchaser’s credit standing becomes impaired or unsatisfactory to Parasol Inc.
Limitation of Liability. Notwithstanding any other provision herein, or any applicable statutory provisions, neither Parasol Inc. nor the Purchaser shall be liable to the other for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of contract, fundamental or otherwise, or from any fortuitous acts or omissions of their respective employees or agents, and in no event shall the liability of Parasol Inc. exceed the unit price of the defective product or of the product subject to late delivery.
Warranty. The products sold by Parasol Inc. are not manufactured by Parasol Inc.. All products are covered by the manufacturer ‘s warranty direct from the manufacturer. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, AND PARASOL INC. EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY EXCLUDES CERTIFICATIONS OR THE LIKE FOR EQUIPMENT PERFORMANCE, USE OR DESIGN WITH RESPECT TO ANY STANDARD, REGULATION OR THE LIKE UNLESS AND TO THE EXTENT INDEPENDENTLY APPROVED IN WRITING BY AN OFFICER OF PARASOL INC. AND EXTENDS ONLY TO THE PURCHASER.
Force Majeure. Parasol Inc. shall not be liable for loss, damages or delay due to causes beyond its control, including, but not limited to, acts of God, acts of the Purchaser, fire, strikes, lockouts or other labor disruption, flood, epidemics, civil or military restrictions, embargoes, car shortages, wrecks, delays in transportation or the inability to obtain necessary labor. In the event of any such delay, the delivery shall be extended for a period equal to the time lost by reason of the delay.
Severability. Invalidity of any provision of this Sales Policy shall not affect the validity of any other provision hereof, and any such invalid provision shall he severed here from.
Non-Waiver. No failure by Parasol Inc. to exercise any right accruing to it under any contract of sale entered into with the Purchaser, shall operate as a waiver thereof, nor preclude the exercise of any other right or privilege by Parasol Inc.
Notice. Any notice required or contemplated here under, shall be in writing and shall he delivered personally, sent by fax or other form of telecommunication, or by prepaid registered mail. Any notice Sent by fax or other form of telecommunication, shall he deemed to have been received when transmitted, and any notice sent by registered mail shall he deemed to have been received when signed for.
Order Cancellation. An order may be terminated by the Purchaser only upon reimbursement to Parasol Inc. of expenses already incurred and commitments made by Parasol Inc. with respect to the order.
Packing. Prices quoted include Parasol Inc.’s standard domestic packing only.
Shortages. Parasol Inc. reserves the right to reject orders placed by the Purchaser, or to refuse to ship orders accepted in circumstances of actual or anticipated shortages of any product. Parasol Inc. reserves the right to allocate available products among its customers in such circumstances and in such manner as Parasol Inc. may determine.
Parasolinc.com’s Return Policy & Terms pertains only to items purchased from Parasolinc.com, and is no way related to any additional Return Policy or Terms which may be associated with any of the companies listed under “Local Dealers”.