TERMS & CONDITIONS

Terms and Conditions of Sale

Canmer Supply LLC

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  1. Effect of Terms and Conditions
    These Terms and Conditions of Sale (“Terms”) govern any and all sales by Canmer Supply LLC, and its related entities (“Canmer Supply” or “Seller”), of goods and/or services to its customers (“Customer”) (each a “Party” and, collectively, “Parties”), including, without limitation, sales of hardware, firmware, software products, training, programming, maintenance, engineering, parts, and other services (the “Products”).
    Customer’s (i) order or statement of intent to purchase Products from Canmer Supply, (ii) any direction by Customer to proceed with procurement or shipment of Products, (iii) any payment by Customer for Products, (iv) Customer’s placement of an order on Canmer Supply’s ecommerce website, or (v) Canmer Supply’s rendering of any of the services ordered shall constitute Customer’s specific and express agreement to these Terms.
    By agreeing to these Terms, Customer also agrees to be bound by our Privacy Policy, which is incorporated herein by reference. Under no circumstances will Canmer Supply agree to or be bound by any provisions, conditions, or agreements that are inconsistent with, contrary to, additional to, in lieu of, or that modify in any manner, these Terms, unless an authorized Officer of Canmer Supply agrees to such provisions, conditions, or agreements in writing. No terms and/or conditions from Customer, usage of trade, course of dealing or performance, understanding, or agreement alleged to modify, vary, explain, or supplement these Terms shall be binding upon Canmer Supply unless subsequently made in writing and signed by each Party.
  2. Acceptance
    Acceptance of any order or request from Customer is subject to approval by Canmer Supply and, when applicable, Canmer Supply’s suppliers. Canmer Supply reserves the right to accept or reject any order (or a portion thereof) without liability, including, without limitation, if Customer’s credit becomes unsatisfactory, and/or to immediately change the terms of any credit extended to Customer.
  3. Quotations and Prices
    Quotations given by Canmer Supply to Customer are not an offer to sell but an invitation for an order. Canmer Supply reserves the right to reject a purchase order or portions thereof for any reason or for no reason at all. Prices shall be based upon the price in effect at the time of shipment. Prices and other information shown in any Canmer Supply publication (including product catalogs, brochures, and websites) are subject to correction or change without notice. Products may be substituted and may not be identical to catalog or website-published descriptions and/or images.

Prices listed do not include shipping, handling fees, taxes, duties, or similar charges (“Charges”). Customer shall pay all Charges when due and indemnify Canmer Supply for all related expenses, including legal costs, due to nonpayment.

  1. Payment
    Customer agrees to pay for all Products by the due date according to the terms of sale stated on each invoice or otherwise agreed in writing. If no terms are stated, payment terms shall be Net 30. Credit availability is at Canmer Supply’s sole discretion and may be terminated or changed at any time.

Canmer Supply may impose a monthly service charge of the lesser of 1.5% or the maximum permitted by law for accounts not paid by the net due date. Canmer Supply may withhold deliveries, shipments, or services, impose or revise credit limits, and/or cancel purchase orders if payment concerns arise. Customer will be responsible for all costs incurred in connection with collection actions for overdue payments.

  1. Delivery
    5.1. All sales are made F.O.B. SHIPPING POINT, unless otherwise mutually agreed in writing. Right, title, and interest in and to Products shall remain with Canmer Supply until Products have been paid in full. Canmer Supply may make partial shipments at its sole discretion.

5.2. Special routing or transportation methods requested by Customer may increase delivery costs, which will be billed to the Customer.

5.3. Shipment or delivery dates are the best estimates of Canmer Supply and are not guaranteed. Canmer Supply is not liable for any special, incidental, direct, indirect, or consequential damages arising from delays in shipment or delivery.

5.4. Canmer Supply is not responsible for any delays due to circumstances beyond its reasonable control, such as acts of God, supplier failures, political unrest, or transportation issues.

5.5. Canmer Supply’s responsibility for shipments ceases upon receipt by the transportation company. Customers must confirm and file any damage claims directly with the transportation company.

  1. Limited Warranty
    Canmer Supply warrants that Products sold shall be free of any security interest and all services will be performed in a professional manner consistent with industry standards. Canmer Supply is a distributor and does not manufacture the Products sold. Warranties, if any, will be those extended by the original manufacturer. CANMER SUPPLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  2. Disclaimer and Limitation of Liability
    Canmer Supply’s maximum cumulative liability for all claims and liabilities shall not exceed the cost of the Products giving rise to the claim. Canmer Supply makes no warranties and disclaims all liability regarding accuracy of information or suitability of recommendations, including those related to product descriptions, origin, or compliance.
  3. Indemnification
    Customer agrees to indemnify, defend, and hold harmless Canmer Supply from any liabilities, including claims, damages, or losses, except to the extent caused by Canmer Supply’s gross negligence or willful misconduct. Canmer Supply is not liable for liquidated, incidental, indirect, or consequential damages.
  4. Changes
    All Customer-requested changes must be in writing and are subject to Canmer Supply’s approval and potential price or delivery adjustments.
  5. Returns
    Returns must be made within ninety (90) days from the date of purchase and with the original invoice. Special, custom, or large-volume orders may not be returnable. Returned Products must be in original packaging, unused, undamaged, and in saleable condition. Canmer Supply’s approval is required for all returns.
  6. Cancellations
    Customer may cancel an order prior to shipment by written notice and payment of reasonable cancellation charges. Canmer Supply reserves the right to cancel any order for any reason, in which case Canmer Supply will issue applicable credit.
  7. Compliance
    Customer certifies compliance with all applicable U.S. laws, including anti-corruption and export control regulations.
  8. Breach
    If Customer breaches any provision of these Terms, Canmer Supply may request correction in writing. Failure to remedy the breach may result in Canmer Supply taking further actions, including canceling orders.
  9. Choice of Law and Dispute Resolution
    These Terms are governed by the laws of the State of Kansas. Disputes must first be resolved through good faith negotiations. If unresolved, disputes may be subject to mediation or legal action in the courts of Kansas.
  10. Miscellaneous
    If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force. No waiver of these Terms by Canmer Supply shall be deemed a waiver of any future enforcement.