Touchline CF375

1.    A contract is formed when Skandacor Direct, Inc. has received an order and either sends the purchaser a written acceptance or dispatches goods pursuant to the order.

2.    The price is that quoted by Skandacor Direct, Inc. in respect of the particular order and not in any brochure or other product information published. Prices are ex-warehouse and are subject to applicable sales tax. The purchaser shall arrange or bear the cost of delivery, freight and insurance, unless otherwise agreed by Skandacor Direct, Inc.

3.    Dispatch dates will be observed subject to Skandacor Direct, Inc. ability to affect transport by available means.

4.    No claims in reference to items on invoice will be recognized unless made in writing within 7 days of delivery.

5.    After account is established payment is to be made within 30 days following the date in which the invoice is rendered and if not paid as aforesaid, Skandacor Direct, Inc. will charge interest at a rate of 2% monthly compounded (24% yearly).*Payment made with credit cards for amounts over $500 will be charged an extra 2% processing fee.

6.    Unless prevented by statute all implied terms, conditions and warranties are excluded. Skandacor Direct, Inc. guarantees that the products will be free of defects but is not responsible for the use or misuse of the goods or the installation/operation thereof by the purchaser or third party. The purchaser’s remedy for any breach of condition warranty or condition of goods shall be limited, at the discretion of Skandacor Direct, Inc. to the replacement of the goods and shall not include any consequential loss or damages in the event of any defect in or failure of goods.

7.    All goods are supplied to retention of title. The goods remain the property of Skandacor Direct, Inc. until complete payment of all claims due to Skandacor Direct, Inc. arising from all business transactions between Skandacor Direct, Inc. and the purchaser. Prior to use or resale of goods, the purchaser shall maintain them in 100% resalable condition in original packaging. The purchaser may resell the goods in the ordinary course of business, subject to maintaining Skandacor Direct, Inc. rights against the goods, and acting as fiduciary in recovering payment of the goods and segregating such proceed for the account of Skandacor Direct, Inc. until Skandacor is paid in full. The purchaser assigns Skandacor Direct, Inc. any claims or rights against sub-purchasers in order to enable Skandacor Direct, Inc. to make full recovery of monies owed to it in respect for goods. In the event of the failure of the purchaser to pay for goods or in the event of the appointment of a receiver and manager, liquidator, agent in possession or execution of distress, Skandacor Direct, inc. may enter the purchasers premises or where the goods may be stored or installed and recover them, or appoint an agent in writing to do so and the purchaser acknowledges and guarantees such right of entry during normal business hours. Further to the foregoing, the purchaser hereby grants in favor of Skandacor Direct, Inc. an irrevocable license to attend at and access any premises at which any goods as supplied by Skandacor Direct, Inc. are located for the purposes of retrieval of the same in the event of default of payment by the purchaser for such goods in accordance with any terms and conditions of sale.

8.    Skandacor Direct, Inc. does not waive any of its strict legal rights in respect of these conditions or the goods, and shall not be bound by any waiver made its servants and agents on a particular occasion.

9.    The purchaser hereby releases, indemnifies and defends Skandacor Direct, Inc. from and against any losses, liabilities, claims suits and costs caused by or arising out of the way in which the goods are packaged, if the goods and any packages or containers in which they are contained are made in compliance with the purchasers design or specifications.

10.Skandacor Direct, Inc. will not be responsible for any delay in or failure of performance of supply or delivery of goods caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labor disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event, and shall not be liable for any consequential loss, damage expense or claim suffered by the purchaser or any other party as a result of any such event.

11.Skandacor Direct, Inc. may, at its absolute discretion, accept the return of standard products, (but not special orders) to the credit of the purchaser provided that such goods are returned to its warehouse unused and undamaged before the expiry of 14 days after their delivery to the purchaser and the purchaser agrees to pay a handling and administration charge equal to 20% of the price. No returns of special orders will be accepted.

12.These conditions will not be varied unless Skandacor Direct, Inc. agrees in writing.