Terms and Conditions

TERMS AND CONDITIONS OF SALE

“Company” refers to Viking Pump of Canada Inc.

1. This agreement shall contain the terms and conditions enumerated herein below to the exclusion of all others, including but not limited to any terms and conditions contained in any of the purchaser’s documents.

2. The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but the Agreement shall be construed as if the invalid provision has been omitted.

3. This Agreement shall be governed and construed in accordance with the laws of province in which the Company office is located where the order is placed.

4. QUOTATIONS: Unless otherwise stated in the quotation, all quotations are valid for thirty (30) days from their date.

5. TAXES: The amount of any Federal, Provincial, State, or local taxes or any similar tax applicable at the time of payment to the equipment sold hereunder shall be added to the purchase price and shall be paid by you in the same manner and with the same effect as if originally added hereto.

6. ORDERS: Based on quotations, are subject to acceptance by an officer of the Company when received and are subject to approval of the Purchasers credit by the Company. The Company reserves the right to refuse any order on a quotation containing an error.

7. TERMS OF CREDIT: In consideration for being granted credit, the Purchaser agrees to be bound by the Terms and Conditions herein, such Terms and Conditions shall supercede any other terms and conditions in any other document unless agreed to in writing by the parties.

8. PAYMENT TERMS: Payment terms are Cash, EFT, VISA, MASTERCARD, or 1%/10 Net 30 Days as shown on the face of the Invoice. Interest of 24% per annum will be charged on overdue accounts. No cash discounts are extended. Minimum Billing is $150.00. Payment will be in the currency noted on the face of the invoice.

9. F.C.A. POINT: Prices are INCOTERMS 2020 F.C.A. VIKING PUMP OF CANADA and are shown on the face of this invoice. All freight from Windsor Plant to Branch location will be added to INCOTERMS 2020 F.C.A. Branch shipment invoices.

10. ROUTING: Unless otherwise specified by the purchaser, routing will be by the most economical carrier with routing optional by the Company at purchaser’s expense.

11. CANCELLATION OR CHANGES: There will be a minimum cancellation charge of $100.00 for any order that is canceled after having been accepted and acknowledged by VIKING PUMP CANADA. In the event there is material involved that is manufactured by others, and is being purchased by VIKING PUMP CANADA for the sole purpose of becoming part of this canceled order, the cancellation charges assessed to VIKING PUMP CANADA by these other manufacturers shall be borne by the purchaser. If shipment has already been made before notice of cancellation, the purchaser will be responsible for all shipping and handling charges to get the equipment back to the respective warehouses of VIKING PUMP CANADA andits suppliers, in addition to the cancellation charge described above.

12. DELAYS: The Company is not liable for delays or defaults occasioned by drawing approvals, strikes, differences with workmen, fires, accidents, delays or defaults occasioned by the exercise of governmental authority or in obtaining materials or transportation, negligence of carriers, or for any cause unavoidable or beyond our control.

13. WARRANTY The Company warrants the product to be free from factory defects in material and workmanship under normal use and service for a period of one year from the date of shipment. The Company’s obligation shall be limited to the repair or replacement of any parts at option of the Company, INCOTERMS 2010 F.C.A. factory. Defect of a part or parts of a unit which can be replaced shall not be construed to indicate that the unit is defective, nor shall it be considered a waiver of the Company’s right to rely on the terms herein. The workmanship and material in special metal pumps shall be first class, but the Company cannot assume responsibility for the performance or life of pumps constructed of special metals. The warranty shall not apply to any part which has been subject to alteration abuse, misuse, damage or flood, fire or act of God or where the unit has been improperly installed or applied. The Company will assume no liability for consequential damages of any kind and the purchaser by acceptance of delivery assumes all liability for any consequences of the use or misuse of the products by the purchaser, his employees or others. The Company will assume no field expense for service or parts unless authorized by it in advance. Equipment and accessories purchases by the Company from outside sources which are incorporated into any of the Company product are warranted only to the extent of and by the original manufacturer’s warranty or guarantee, if any. THIS IS THE COMPANY’S SOLE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, WHICH ARE HEREBY EXCLUDED; INCLUDING IN PARTICULAR ARE WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No officer or employee of IDEX Corporation or the Company, is authorized to alter this warranty.

14. DISCLAIMER: Any representation made with respect to performance are made in reliance on information supplied by the purchaser. Any variance between actual conditions in which the product operates, and the information supplied will result in the voiding of any representation. The parties agree that there is no representation condition, collateral agreement, or warranty affecting this agreement other than those expressly contained within.

15. GOODS DAMAGED IN TRANSIT OR SHORTAGE: Carrier’s Company’s receipt constitutes delivery after which the Company’s responsibility ceases. Claims for damage and/or shortage must be made on the carrier within five days upon receipt of goods.

16. RETURNED GOODS: Authority must be obtained from the Company’s head office before returning any equipment for credit. Standard restocking charge of 25% or $200.00 minimum will apply. If, upon inspection, the material is found to be in need of reconditioning, an additional deduction will be made and the purchaser will be advised of the total restocking charges that will apply. All equipment returned must have transportation charges paid and will be accepted for credit onlyon the basis of invoiced prices. Products which are obsolete, used or made to special order are not accepted for credit.

17. In case of insolvency of the purchaser, Title for unpaid product goes back to the Company.