Terms And Conditions
Last updated: 2020-09-11
These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to the sale of products (“products”) by Intercity Industrial Supply Ltd. to customer (“you” or “Customer”). Intercity Industrial Supply offer to sell products to Customer, and Intercity Industrial Supply acknowledgment of any purchase order or other Customer document (“Order”) is expressly limited to, and expressly conditioned on Customer’s acceptance of these Sales Terms. The applicability of terms contained in Customer’s Order is limited to the identification and the quantity of products ordered. Unless agreed to by Customer and Intercity Industrial Supply in a separate written contract, Intercity Industrial Supply objects to and rejects all other Customer terms, in any form, that are different from or additional to these Sales Terms.
Limitation Of Liability
In no event shall Intercity Industrial Supply or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, punitive or consequential damages including but not limited to loss of use, loss of data, loss of business or loss of profits to the extent permitted by law. In the event of any issue with a product that you have purchased through Intercity Industrial Supply, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer’s warranty, or to seek a return and refund for such product in accordance with Intercity Industrial Supply return policy.
Intercity Industrial Supply shall not be liable for any delay in, or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Intercity Industrial Supply in the conduct of its business.
Prices: Typographical Errors
Prices are subject to change without notice. All prices in Canadian dollar. Intercity Industrial Supply is not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Intercity Industrial Supply shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Intercity Industrial Supply shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Intercity Industrial Supply shall promptly issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Intercity Industrial Supply reserves the right at any time after receipt of your order to accept or decline your order for any reason. Intercity Industrial Supply reserves the right at any time after receipt of your order and prior to shipment, without prior notice to you, to supply less than the quantity you ordered and/or change the estimated delivery date.
Truck Shipment Terms
This order contains shipments that must ship via truck. The quoted shipping charges are for standard truck shipment to a dock designated to receive freight. Someone must be present to receive truck shipments. Shipments that require a call prior to delivery/24-hour notification, lift gate, inside delivery and/or residential delivery will incur additional charges.
The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. You acknowledge and agree that Intercity Industrial Supply is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold. Intercity Industrial Supply makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchant ability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Manufacturers’ warranties for exported products may vary or may be null and void for products exported or transported outside Canada.
Terms of payment are within Intercity Industrial Supply sole discretion, and unless otherwise agreed to by Intercity Industrial Supply, payment must be received by Intercity Industrial Supply prior to Intercity Industrial Supply acceptance of an order. Payment for the products will be made by credit card, wire transfer, or ACH unless credit terms have been agreed to by Intercity Industrial Supply. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Intercity Industrial Supply may invoice parts of an order separately. Orders are not binding upon Intercity Industrial Supply until accepted by Intercity Industrial Supply. Any quotations given by Intercity Industrial Supply will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Separate charges for shipping and handling will be shown on Intercity Industrial Supply invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Intercity Industrial Supply invoice. Delivery dates are approximate and products may be placed on back-order at Intercity Industrial Supply discretion. Where product availability is limited for any reason, Intercity Industrial Supply may fill orders or otherwise allocate products in any manner it deems appropriate. Under no circumstances will Intercity Industrial Supply be liable for failure to ship, delay in delivery, or for Customer’s failure to receive, products by a certain date.
Title/Risk Of Loss
Title to products and risk of loss passes from Intercity Industrial Supply to you upon delivery to the carrier.
Unless you are purchasing a re-manufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards.
Special Order Items
Once you place an order for custom-cut, customer built or special order items (such as matting, slings, cranes, prefab offices, buildings, mezzanines, assembled lockers and regularly stocked items such as generators, pressure washers, water and trash pumps, snow throwers, radio headsets, striping paint, line stripers, floor care machines, vacuums, custom fabric chairs, forklifts) your order is considered non-cancelable and any custom-cut, customer built or special order items purchased by you are also non-returnable.
Important Country Of Origin Information
For certain items sold by Intercity Industrial Supply, the foreign country of origin information can change and what is displayed on info.intercityindustrial.com for in the catalog may not be accurate or consistent with manufacturer information at the time of order or shipment. For updated, accurate foreign country of origin data, it is recommended that you rely on product packaging or manufacturer information. With regard to product kits, country of origin may be undetermined as such kits contain multiple parts.
Safety Data Sheet (SDS)
A Safety Data Sheet is a document that includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Since each SDS is supplied by the chemical manufacturer/importer, Intercity Industrial Supply expressly relies on the evaluation of the chemical manufacturer/importer contained therein. INTERCITY INDUSTRIAL SUPPLY MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU AND/OR ANY OTHER USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS.
These terms and conditions of sale may be amended at any time by Intercity Industrial Supply. These terms and conditions of sale, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada.
User Generated Content Policy
From time to time on certain areas of the Site you may be able to submit reviews, comments, feedback and certain other materials (collectively, “User Contributions”). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Intercity Industrial Supply in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of Intercity Industrial Supply, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.
You represent and warrant that you own or have a valid license to use the User Contribution submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of the User Contribution, and Intercity Industrial Supply use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
For any User Contribution that you submit, you grant Intercity Industrial Supply and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution and/or incorporate your User Contribution into any form, medium or technology throughout the world without compensation to you. Any User Contribution that you submit may be used and shared with authorized third-parties at Intercity Industrial Supply sole discretion. Intercity Industrial Supply sometimes offers gifts of nominal value to individuals for submitting reviews on the Site. Intercity Industrial Supply is committed to complying with government gift and ethics rules and therefore government employees are not eligible to receive such gifts.
The parties have required that these terms and conditions be drafted in English. Les parties ont demandé que cette convention soient rédigés en anglais.
Terms And Conditions Of Use
Materials appearing on info.intercityindustrial.com (the “Site”) are copyrighted by Intercity Industrial Supply unless otherwise noted, and may not be used without the written permission of the copyright owner.
The Site is presented for private, noncommercial use only. Materials presented at the Site may be downloaded and printed exclusively for private, noncommercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of Intercity Industrial Supply.
Trademarks appearing at the Site may be owned and/or registered by parties other than Intercity Industrial Supply, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of Intercity Industrial Supply or other parties.
Intercity Industrial Supply will enforce its intellectual property rights to the full extent of the law.
Intercity Industrial Supply serves customers in Canada. All product prices, specifications and availability are subject to change without notice. Prices do not include shipping or applicable sales tax.