Terms & Conditions of Sale - Canada
1. SHIPMENTS: All shipments are F.O.B. Shipping Point. Unless specified, Hayward will use a carrier we believe best able to serve you. Hayward shall not be liable for failure to deliver or delays in delivering occasioned by acts of God, war, labor difficulties, inability to obtain materials or any other causes whatsoever beyond our control.
2. CLAIMS: All claims must be made in writing and received by Hayward within 10 days after receipt of merchandise. If a shipment is received in a damaged condition, a claim must be filed with the delivering carrier and noted on the freight bill before you accept the merchandise.
3. THREE YEAR WARRANTY: All products manufactured by Hayward are warranted against defects in material or workmanship for a period of three years from date of shipment. Our sole obligation under this warranty is to repair or replace, at our option, any product or any part or parts thereof found to be defective. HAYWARD MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The warranty set forth above is the only warranty applicable to Hayward products and in no event shall Hayward be liable for any delay, work stoppage, cartage, shipping, loss of use of equipment, loss of time, inconvenience, loss of profits of any direct or indirect incidental resulting from or attributable to a breach of warranty. The remedies under this warranty shall be the only remedies available. OUR MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE CONTRACT PRICE FOR THE PRODUCT.
4. RETURNS OF GOODS FOR NON-WARRANTY CLAIM: Hayward Flow Control will authorize the return of products purchased within the last twelve (12) months in original “like new” packaging of current design, and listed in the current Complete Price Book. All returns must be accompanied by a “Return Goods Authorization” number, which must be obtained from Hayward Flow Control prior to shipment. All returns are subject to inspection upon receipt. No credit will be issued until the returned material has been inspected, accepted and processed. Customers will be contacted if quantity differences and/or non-acceptable material are found during inspection. Credit will reflect only quantities actually received and accepted. Disposition of product(s) not accepted by Hayward Flow Control must be provided by Distributor within 10 business days; otherwise, it will be subject to disposal. Minimum restock charge is $50.00. All material returns must be received within thirty (30) days of the RGA issuance and shipped freight prepaid. No collect shipments will be accepted. Prepaid freight does not apply to returns due to Hayward Flow Control order entry or shipping errors. Hayward Flow Control will authorize the return of product considered a stock item with a minimum restock charge of 25%. Hayward Flow Control will authorize the return of standard Pump or Actuated product with a minimum restock charge of 40%. Specialty products such as Strainer or Filtration assemblies and Engineered Products are non-cancelable/non-returnable. Restock charges do not apply to returns due to Hayward Flow Control order entry or shipping errors.
5. RETURNS OF GOODS FOR WARRANTY CLAIM: When requesting an RGA for product evaluation, the Customer must first complete and submit an In Service Form obtained from Hayward Flow Control Technical Services. Additionally, a Safety Data Sheet (SDS) must be submitted along with the In Service Form to Technical Services prior to receiving a Return Goods Authorization number. All Warranty Claim returns must be accompanied by the SDS, In Service Form and RGA number. Product must be washed and free of service media prior to returning for evaluation. Failure to do so may result in denial of claim and product returned back freight collect. Customers will be contacted if quantity differences and/or non-acceptable material are found during inspection. The Customer will be notified of the evaluation results. If the Warranty Claim is accepted, credit will be issued or replacement product sent. Freight will be credited upon approval of claim. If the Warranty Claim is declined, disposition of product(s) must be provided to Technical Services within 30 business days; otherwise, it will be subject to disposal. Rejected product returned to the Customer will ship freight collect. All warranty claim returns must be received within thirty (30) days of the RGA issuance and shipped freight prepaid. No collect shipments will be accepted.
6. CANCELLATIONS: Canceled orders will be subject to a charge of 30%.
7. TERMS: Net 30 days. A 1-1/2% per month service charge, subject to applicable law, will be applied to all past due invoices. You shall be liable for reasonable attorneys’ fees incurred by us in collecting any past due invoices.
8. TAX: Any Federal or State Excise or Sales Tax for which we may be liable on any sale will be charged to and paid by the buyer. Buyer is responsible for furnishing tax exempt or resale certificate.
9. FREIGHT ALLOWANCE: Freight cost will be allowed on orders with a net billing of $2,500.00 (CAD) or more, with our choice of carrier, in the continental United States with the exception of Alaska.
10. MINIMUM BILLING CHARGE: $250.00 CAD.
11. PRICING: Pricing and specifications of products are subject to change without notice. All orders are subject to prior sale and credit approval.
12. GENERAL: Any sale shall be governed by the laws of the State of New Jersey (without regard to its conflict of laws rules). Any representation, promise, modification or amendment of these Terms and Conditions of Sale shall not be binding upon us unless in writing and signed on our behalf by a duly authorized representative. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by you, unless Hayward expressly consents in writing to such a variance. The terms and conditions are non-transferable to other parties.