Terms and conditions of sale

ASSA ABLOY Door Security Solutions Canada Terms & Conditions

Acceptance:

ASSA ABLOY Door Security Solutions Canada, a division of ASSA ABLOY Canada Ltd. and all of its current and future associated companies, subsidiaries and operating brands reserve the right to decline an order, in whole or in part, when the type or quantity of goods or credit worthiness of the Purchaser is not satisfactory to us in our sole and absolute discretion.

The terms and conditions contained herein constitute the entire agreement between the parties. Purchase Orders, Quotations (“Quote”) requests, Acknowledgements or the like issued by the Purchaser that have contrary standard terms and conditions are not binding on ASSA ABLOY Door Security Solutions Canada , unless such terms and conditions are approved in a separate written agreement by ASSA ABLOY Door Security Solutions Canada ’s authorized representatives.

In the event of an acceptance of Purchaser’s Purchase Order by ASSA ABLOY Door Security Solutions Canada, the Purchaser agrees that such acceptance is solely conditioned on Purchaser’s acceptance of the terms and conditions set forth in this instrument, regardless of the terms and conditions specified in the Purchaser’s Purchase order. The terms and conditions in Purchaser’s Purchase Order which conflict with terms and conditions of this instrument shall be disregarded and are hereby rejected, and this instrument shall constitute the entire agreement between ASSA ABLOY Door Security Solutions Canada and the Purchaser. In the event that ASSA ABLOY Door Security Solutions Canada does not enforce or require strict performance of any term or condition hereof, or of any other document, instrument or other agreement relating to goods sold, such lack of enforcement or requirement of strict performance will not waive, affect or diminish any right of ASSA ABLOY Door Security Solutions Canada to enforce or require strict performance of such term or condition in the future.

Prices:

All prices are subject to change without notice and are not guaranteed. All shipments will be made at prices in effect at the time of order acceptance. Possession of this price list does not constitute an agreement to sell. Acknowledgements, invoices and quotations are on an “Errors and Omissions Excepted” basis (commonly referred to as E.O.E.). We reserve the right to correct clerical, stenographic and other obvious errors at any time.

 Agreed Payments and Terms:

1% tenth of the following month, Net 30th of the following month. It is understood that ASSA ABLOY Door Security Solutions Canada may impose and charge a finance charge of 2% per month or the highest rate allowed by law on any amount which becomes past due and delinquent. Additionally, the Customer shall be responsible for all collection costs, court costs and reasonable attorney’s fees in connection with the recovery of any delinquent amount.

Minimum invoice:

Minimum invoice for complete product is $250.00 net product value. The minimum invoice for parts orders is $100.00 net product value. Any orders not totaling these minimums will be invoiced at the minimums. This policy does not include the following: Cut (bitted) Keys of any type, Master Keyed Cylinders, Master Keyed Padlocks and Factory Generated Bitting Lists. Same day order expedites will be invoiced at book less 50%.

Quotations:

If ASSA ABLOY Door Security Solutions Canada elects to offer a quote, such quote will be valid until the expiration date on that quote. Complete shipment of the order must be accepted by Purchaser within standard lead times.

The QUOTE number must be referenced on the order. Any invoiced order that has the incorrect discount applied to it and did not have the QUOTE number written on the order will have a service fee of $100.00 net DEDUCTED from any sales credit issued for the difference in discount. 

The quote is null and void if the Purchase Order does not include ALL product lines listed on the Quote or if the quantities for an item covered by the Quote deviate by 10% or more. The Purchaser will have to solicit a new quotation. 

With the issuance and acceptance of a QUOTE for the purchase of products, the Purchaser agrees that products so purchased will not be resold or transferred to any Distributor not authorized by ASSA ABLOY Door Security Solutions Canada to sell its products. This would be inclusive of branches of the quoted Distributor. Failure to abide by this restriction may result in the Distributor’s ineligibility for Quotes, or other actions in ASSA ABLOY Door Security Solutions Canada’s discretion. 

ASSA ABLOY Door Security Solutions Canada and its sales representatives reserve the right, in their sole discretion and for any reason, to refuse a Distributor’s request to quote a price other than ASSA ABLOY Door Security Solutions Canada’s standard list price and regardless of whether ASSA ABLOY Door Security Solutions Canada or its sales representatives have previously quoted discounted prices to the Distributor on some or all of its orders. 

Special Orders: 

Products not catalogued or listed in this price book will be considered as special products, and will not be manufactured without prior approval from ASSA ABLOY Door Security Solutions Canada. 

A minimum special handling charge of $50.00 will be added for non catalogued product. Any additional labour or material required will be charged accordingly. Special products require special handling, and therefore standard lead times may not apply. Please consult with your Sales Representative for further details. 

High Security Orders: 

To ensure proper control of End User restricted Products, ASSA ABLOY Door Security Solutions Canada requires that the End User complete a Delivery of Controlled component form indicating to whom the product will be shipped to upon leaving the factory or the distribution centre. All orders must be accompanied with a current copy of the Authorization form and must be signed by the proper authorized personnel whose name(s) is on file with ASSA ABLOY Door Security Solutions Canada. 

High Security products are defined as high security key blanks, cut keys, sidebars, sub assemblies, complete and master-keyed cylinders, and key charts. 

ASSA ABLOY Door Security Solutions Canada reserves the right to request authorization from the end user if necessary before the order is processed. 

Changes / Cancellation of Orders: 

Changes or cancellations to a non stock order that has been confirmed will be subject to a charge of costs for material and labour expenses that have been incurred prior to notification from Customer. Handling charges are billed on Customer’s original order. 

All change requests for stock goods must be submitted in writing to Customer Service within two (2) business days of receipt of confirmation of the order. In those instances where a cancellation is accepted, ASSA ABLOY Door Security Solutions Canada reserves the right to make a reasonable cancellation charge based on expenses incurred. 

Packaging: 

Many items are defined as to Case Lot Packaging or Minimum Order. The case lot policy does not apply to hardware to be used on a specific hardware project. 

Delivery: 

Orders will be acknowledged and given a scheduled delivery date based on estimated manufacturing lead times. Complete information is required to process all orders. 

Orders with insufficient information for processing (i.e. keying information, door sizes, etc.) may be subject to extended lead times which are relative to the time required in obtaining the necessary information for order processing. Manufacturing lead time will begin once all information is received to process an order. ASSA ABLOY Door Security Solutions Canada will use reasonable efforts to deliver products as estimated, but makes no guarantee as to delivery dates. 

ASSA ABLOY Door Security Solutions Canada will not be liable for back charges incurred based on availability of product or as a result of delays in delivery caused by insufficient information required to process an order. 

ASSA ABLOY Door Security Solutions Canada will not be held responsible for delays in delivery caused by strikes, fires, floods or any other causes beyond our control, including the delivery of material to us. 

Under no circumstances shall ASSA ABLOY Door Security Solutions Canada be liable or accountable for consequential damages due to failure of delivery. 

Unless your order specifies otherwise, partial shipments will be made on or after the scheduled delivery date. 

 

Terms of Shipment: 

All products are shipped FOB the factory or the distribution centre unless otherwise agreed to in writing from ASSA ABLOY Door Security Solutions Canada. Title to and risk of loss product shipped is the responsibility of the purchaser and delivery is deemed to be complete upon transfer of the product to a common carrier. Carriers carry limited insurance. If the customer requires additional insurance coverage please contact our customer service department. 

All claims for shortages and damage are the responsibility of the purchaser. ASSA ABLOY Door Security Solutions Canada will assist the Purchaser with documentation necessary to make a claim if requested to do so by the purchaser. ASSA ABLOY Door Security Solutions Canada will ship via the best possible carrier. Shipments at the customer’s request will be prepaid and any upcharge (actual cost less the amount negotiated by ASSA ABLOY Door Security Solutions Canada) will be added to the invoice. 

Claims: 

In the event of ASSA ABLOY Door Security Solutions Canada or Customer error, claims for shortages, pricing errors and/or incorrectly filled orders must be submitted in writing to Customer Service within thirty (30) days from receipt of material. 

Any claims for shortages or damage by the Carrier must be made by the Customer directly to the Carrier. 

Limited Carrier insurance is typically offered for all orders. If the Customer requires additional insurance, please contact an ASSA ABLOY Door Security Solutions Canada Customer Service Representative upon submittal of the order. ASSA ABLOY Door Security Solutions Canada will obtain requested insurance and the additional cost will be included on Customer’s invoice. 

Invoice Deduction:

An ASSA ABLOY Door Security Solutions Canada Sales Representative or Customer Service Representative must be notified of any disputed invoices within thirty (30) days from the date of invoice. Deductions should only be taken for the disputed amount and the balance of the invoice is due and payable within standard payment terms. 

Returned Goods: 

No Material is to be returned to our facilities without prior written approval from customer service. It is the policy of ASSA ABLOY Door Security Solutions Canada to not accept returns of any materials that are correctly furnished as per the Distributor’s Purchase Order. 

Mercury and Turbo material may be returned with approval, if ASSA ABLOY Door Security Solutions Canada believes the product is resalable. All such product must be returned in its original unmarked carton. The goods must have been shipped and invoiced in the previous sixty (60) days. Returns will be at the distributor’s expense. The goods returned will be subject to inspection and a minimum 20% restocking fee will be applied to compensate for the cost of inspection, repacking and handling. 

Return of product due to customer order error or accommodation must be prearranged with ASSA ABLOY Door Security Solutions Canada and approved in writing by Sales Management. A minimal restocking fee of 50% will be charged. Upon receipt and verification by ASSA ABLOY Door Security Solutions Canada that the returned merchandise is in saleable condition and that the material can be returned to the original manufacturer. 

Defective goods that are out of warranty period will not be accepted for return. Products that are master-keyed, special orders, key bitted will not be accepted under any circumstances, unless the product is determined to be defective. 

Procedure: 

Ensure the RGA labels that are sent to Purchaser by ASSA ABLOY Door Security Solutions Canada are visible on return goods shipment. Ensure that the RGA number appears on the return shipment label and is legible. Return the authorized merchandise within sixty (60) days from the date of RGA issuance. 

Return shipments must be freight prepaid to the distribution centre (at time some directions may apply to return the goods to the original manufacturer) ASSA ABLOY Door Security Solutions 

Canada is not liable for damages to product during shipping. No credit may be taken or issued prior to RGA approval and receipt of product. All defective goods within the terms of our limited warranty may be returned for repair or replacement only. 

Taxes: 

Prices do not include any present or future Federal, Province, or Local property, license, privilege, sales, use, excise, gross receipts or other like taxes or assessments, which may result from transactions or any services performed in connection herewith. 

Governing Law: 

The rights and obligations of the parties shall be governed by the laws of the Province of Ontario, excluding any conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 

Indemnity: 

Purchaser shall indemnify ASSA ABLOY Door Security Solutions Canada and hold ASSA ABLOY Door Security Solutions Canada harmless against all claims, liability, loss or other damages (including costs, legal or otherwise incurred by ASSA ABLOY Door Security Solutions Canada) to all persons for injury of any nature, including sickness and/or death, property damage at the time of delivery or after when the product is no longer in ASSA ABLOY Door Security Solutions Canada possession or control. 

Force Majeur: 

ASSA ABLOY Door Security Solutions Canada shall not be liable for its failure to perform due to any contingencies beyond its control, including but not limited to acts of God, fires floods, wars, sabotage, accidents, labour disputes, shortages, government laws, ordinances, rules and regulations. ASSA ABLOY Door Security Solutions Canada shall not be liable for its failure to deliver due to its inability to obtain materials, equipment failure, labour actions, transportation issues or any similar contingencies. 

In the event of delays due to the aforementioned contingencies, the date of delivery will be postponed by such length of time as the circumstances dictate. 

Copyrights and Patents: 

All products in ASSA ABLOY Door Security Solutions Canada catalogues, brochures and price lists are either patented, Copyrighted or registered by ASSA ABLOY Door Security Solutions Canada.