1. Quotations
Quotations are valid for 14 days unless stated otherwise and are not an offer capable of acceptance until confirmed by us in writing. Every quotation states its Incoterm (Incoterms 2020) and the currency. Prices exclude duties and taxes at destination unless the quotation is on DDP terms.
2. Orders
An order is binding once we issue a proforma invoice and receive the agreed deposit. Specifications, case packs and container quantities are indicative until confirmed on the proforma. Cancellation after production or consolidation has begun may forfeit the deposit.
3. Payment
Standard terms are a 30% telegraphic transfer deposit with the balance due against shipping documents, or an irrevocable letter of credit at sight confirmed through a Canadian bank. Open account terms are available only after a credit review. Overdue amounts carry interest at 1.5% per month. Documents are released only against cleared payment.
4. Title and risk
Risk passes in accordance with the Incoterm stated on the quotation. Title in the goods remains with us until payment has been received in full, notwithstanding the passing of risk.
5. Delivery and lead times
Lead times are estimates given in good faith. We are not liable for delays caused by carriers, port congestion, customs inspection, or any cause outside our reasonable control. Part shipment is permitted unless the order states otherwise.
6. Inspection and claims
The buyer must inspect the consignment on arrival and notify us of shortage, damage or non-conformity within 7 days, with photographs, the packing list and the affected lot codes. Verified claims are settled by credit note or replacement on the following shipment, at our option. Goods may not be returned without written authorisation.
7. Compliance
The buyer is responsible for import licensing, registration and clearance in the destination country, including holding any licence the destination requires. We are responsible for the accuracy of the documents we issue. Where labelling for a specific market is agreed, the buyer must approve artwork in writing before production.
8. Warranty and liability
We warrant that goods conform to the agreed specification at the point risk passes and are handled in accordance with our Preventive Control Plan. To the extent permitted by law, our liability for any claim is limited to the invoice value of the goods giving rise to it, and we are not liable for indirect or consequential loss, including loss of profit.
9. Force majeure
Neither party is liable for failure to perform caused by events beyond reasonable control, including crop failure, export restriction, port closure, carrier failure, civil unrest or regulatory action. Obligations are suspended for the duration of the event.
10. Governing law
These terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there. The courts of Alberta have exclusive jurisdiction.