Unless specifically stated, we include no taxes of any kind in the sale price. Any taxes, if applicable and imposed by any present or future local, state, provincial, or federal agency for any reason, must be paid by the Buyer.
All prices are F.O.B. ABM (manufacturer for on-order items), or if shipped from another location, F.O.B., at factory point of shipment with charges as agreed to by the Buyer. The Buyer is responsible for all shipping charges, unless specified otherwise on the product page (ex. promo campaign).
ABM extends to the Buyer the manufacturer’s warranty (a copy of which is available upon request). A manufacturer’s warranty is in lieu of any warranties contained in any applicable project conditions, plans, or specifications unless specifically stated otherwise. ABM makes no other warranties, expressed or implied, as to any matter whatsoever, including without limitation, the condition of the equipment, its merchantability, or fitness for a particular purpose. ABM shall not be liable for any damages by reason of failure of the equipment to operate or by faulty operation of this equipment. ABM shall not be held responsible for any direct, incidental, or consequential damages or liquidated damages or losses (including but not limited to loss of use, income, profit, or production, or spoilage or increased cost of operation) resulting from the installation, operation, or use of the equipment. ABM warrants to the original purchasers of new equipment thereof, to be free from defects in material or workmanship, under normal and proper use and maintenance service as specified by the company and upon proper installation and start-up in accordance with the instruction packet supplied with each unit. ABM warrants that used equipment will function properly under normal use for 90 days from the date of original purchase. Any repairs involving used equipment, occurring outside of the GVRD, will be at the discretion of ABM. All equipment shall be properly installed by qualified tradesmen and the start-up shall be in accordance with printed instructions. No warranty shall be performed unless prior authorisation has been obtained from ABM. Warranties are not assignable and apply only in favour of the original purchaser/user to whom the product was delivered. Any such assignment or transfer shall void the warranties herein made and shall void all warranties. ABM will provide an authorisation number to the authorised service technician or service company which must provide all major parts for repair. Minor parts and supplies must be supplied by an authorised service company.
All claims and disputes between the Buyer and ABM arising out of or relating to performance of any agreement or breach thereof involving this project shall be decided by binding arbitration in accordance with the Construction Industry Arbitration rules of the Province of British Columbia then existing. The procedural and substantive law of the Province of British Columbia shall apply in and to all such arbitration proceedings and Vancouver, British Columbia shall be designated as the locale for any such proceedings. Both parties will have the right to conduct discovery in accordance with the Provincial Rules of Civil Procedure and within reasonable time limitations to be imposed by the arbitrators. Any award arising from such proceedings shall be final and binding upon the parties and enforceable in accordance with the Provincial Arbitration Act.
The Seller shall not be liable for failures or delays in making delivery here under when such failure or delay results from an Act of God, or public enemy accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, strikes, lock-outs, labour troubles, riots, sabotage, embargo, wars (whether or not declared and whether or not Canada is involved), federal, state, provincial, or municipal law, ordinance, rule, regulation, order license, priority, seizure requisition or allocation or other restrictions, failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel or labour or any other circumstances of a similar or different nature beyond the reasonable control of the seller.
The title to all material(s) and/or equipment and to any and all additions and accessories thereto and substitutions therefore, shall remain with the Seller until the purchase price thereof is paid in full.
ABM will reimburse the Buyer up to one half hour’s travel time or a 25 kilometre distance – whichever is the lesser. Any additional travel time or costs will be at the customer’s expense.
The customer’s gas installer/electrician is responsible for doing the final calibration of the thermostat control on any gas appliance or verification of dimensions, voltages, gas type, etc.