Terms and conditions
TERMS of PAYMENT
Subject to ABM Food Equipment terms and conditions. All prices are F.O.B. ABM Food Equipment. Sales are C.O.D. 50% deposit required upon acceptance of the quotation. Balance of payment is due prior to shipment of the equipment, unless otherwise agreed in writing by . All quotes are in Canadian funds and subject to applicable taxes. ABM reserves the right to change prices without notice due to currency fluctuations due to market conditions which are not under our control. A service charge of 2 % per month may be invoked and applied after the 30 day period until payment is received. Invoicing will be rendered when shipment has been made, unless otherwise indicated in the quotation. The stated price is subject to any state, provincial, federal, or local government regulatory ordinances or statutes governing interest rates and shall be construed and interpreted to allow the highest rate applicable. In the event of a conflict between this rate and other law(s), the law(s) shall prevail. In the event ABM employs an attorney to enforce its rights and remedies under this agreement and/or to collect funds owing pursuant to this agreement, the Buyer agrees to pay a reasonable attorney’s fee for ABM’s attorney, plus all other reasonable expenses incurred by ABM in enforcing its rights under this agreement. All merchandise remains the property of ABM until paid in full. All cheques must clear the bank before merchandise can be received by the purchaser. On used equipment, all sales are final; there are no refunds or exchanges.
AFTER HOURS OR WEEKEND SERVICE
ABM will provide warranty service/information only during normal business hours: Monday-Friday 9:00 A.M. to 5:00 P.M. The Buyer will be responsible for (additional) charges for after hours and/or weekend work.
CARRY IN WARRANTY
New appliances such as slicers, hot dog machines, coffee machines, panini machines, food processors, microwaves, toasters, food warmers, and scales are covered by a carry-in warranty. The customer shall be responsible to return the item to ABM for repair.
The responsibility of the company ceases upon delivery of material in good order to the carrier. As all goods are shipped at the Buyer’s risk; any claims for damage or shortage or loss in transit must be filed by the Buyer against the transportation company. (We will assist the Buyer in any reasonable way possible in the filing and collection of any claim for damages and/or losses while in transit.) Claims against factory shortages will not be considered unless made within 60 days after receipt of the goods.
ACCEPTANCE or APPROVAL
Should the equipment on a proposal be purchased subject to acceptance or approval of another (such as Architect, Engineer, Owner, etc.), ABM shall not be liable in any way should acceptance or approval not be granted. We cannot guarantee to meet or equal specifications written on behalf of another equipment manufacturer.
LIMITATION of REMEDY
ABM shall have no liability for any damage caused by negligence, accident, misuse, improper storage, improper installation, improper service, maintenance, or operation. ABM liability (whether under theories of warranty, negligence, strict liability or contract) is limited solely to repair or replacement of the equipment or its parts by ABM or its duly authorised representative, or at ABM’s option, and at its sole discretion. Refund of the purchase price, or the foregoing shall be the sole and exclusive remedy against ABM. In no event shall ABM liability, with respect to the goods or their non-delivery, exceed the purchase price paid by the Buyer to ABM. The Buyer shall have no right to consequential or incidental damages or to any remedy not herein before described. Any claim by the buyer against ABM with respect to the goods is deemed waived by the Buyer unless submitted to ABM in writing within ten (10) days of the date the Buyer discovered, or by reasonable inspection should have discovered, the basis for such claim.
If the Buyer’s credit, at the sole judgement of the Seller, is impaired at any time, the Seller shall have the right to defer shipment or cancel the order.
No penalty clause of any kind will be in effect unless approved in writing by an officer of ABM.
Should the order be cancelled through no fault of ABM, the Buyer is liable for reimbursement for any and all expenses incurred in connection with this transaction; and in accordance with law for any other losses incurred by the Seller. Cancellation of an order MUST be made in writing to ABM. Verbal or voice messages will not be recognised as acceptable forms of cancellation. Cancellation requests must be made within 2 business days of the purchase. If a cancellation is not received in a sufficient time for the supplier to halt the shipment, the cancellation will be considered a request to return the equipment, and applicable return fees will apply. Cancellation of manufactured or custom made equipment is not permitted unless agreed-to by the manufacturer. ABM retains the right to cancel any order at its own discretion, with a full refund, and will not be held liable for any other loss or damage arising from such cancellation.
RETURN of GOODS
Please take special care to order carefully and completely. Verify all information before placing the order. Please review this policy with your sales consultant prior to purchasing if you have any questions. Return requests must be made within 15 days of receipt of the item. Not all items will qualify for return. A standard restocking fee of 25% will be applied to all returns within 15 days of purchase.
Unless otherwise notified, prices on orders will be held firm provided the order is released for production within 30 days of placement. Orders released after 30 days from date of customer’s purchase order, the price may be subject to change.
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.
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.