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Terms and Conditions

1. INTERPRETATION to deliver the Goods (or any part of them) promptly or Customer caused by any breach by Forge Products
(a) ‘Contract’ means the standard trading terms and at all. Inc. of this Contract or any negligent act or omission.
conditions of sale (which applies to each and every (d) All risk for the Goods passes to the Customer on (b) The liability of Forge Products Inc. to the Customer in
Quotation and/or Order) and includes any Quotation delivery even if Forge Products Inc. retains ownership. the event of any breach of this Contract or other cause
and Order (e) $500 Free Freight. Freight charge for orders below of action will not exceed the prices of the Goods.
(b) ‘Forge Products Inc.’ means Forge Products Inc. $500.
(c) ‘Customer’ means the entity to which ‘Forge Products 9. PRIVACY ACT 1998
Inc.’ enters into a Contract for the sale of Goods. 6. RETENTION OF TITLE (a) The Customer agrees for Forge Products Inc. to obtain
(d) ‘Goods’ means the goods described in the Quotation (a) All Goods remain the property of Forge Products from a credit-reporting agency and the trade referees
or Order and includes replacement goods. Inc. until the Customer has paid for the Goods in a credit report containing personal credit information
(e) ‘Order’ means a written or verbal order from the full. If payment is made by cheque, payment will not about the Customer and any additional information
Customer to Forge Products Inc.. deemed to have been made until the cheque has been required by Forge Products Inc..
(f) ‘Quotation’ means a written or verbal quotation honoured. (b) Forge Products Inc. may exchange information about
provided by Forge Products Inc. to the Customer. (b) If the Goods are on-sold by the Customer before the Customer with those trade referees name in the
payment to Forge Products Inc., the proceeds of sale application form for a trading account or named in a
2. ORDERS will become property of Forge Products Inc.. consumer credit report issued by reporting agency to:
(a) Orders for Goods will be binding upon Forge Products (c) If the Goods are not paid for pursuant to clause 4, (i) Assess the Customer’s application;
Inc. and the Customer. However, Forge Products Inc. Forge Products Inc. may give notice in writing to the (ii) Notify other credit providers of a default by the
reserves the right to accept orders in whole or in part. Customer to return the Goods or any part of them to Customer;
(b) Once Forge Products Inc. has accepted and Order, Forge Products Inc.. (iii) Exchange other information with other credit
the customer may not alter or modify the Order (d) Forge Products Inc. may enter the Customer’s providers as to the status of the trading account,
without the prior written consent of Forge Products premises without notice at any time and take if the Customer is in default with other credit
Inc.. possession of the Goods and without being providers; and
(c) 15% Re-stocking fee applies to all returned products responsible for any damage thereby caused if: (iv) Assess the credit worthiness of the Customer.
providing they are in re-saleable condition. (i) The Customer does not pay for the Goods under
clause 4; 10. GENERAL
OXPOS-SHOVEL 3. PRICES (ii) The Customer fails to return the Goods upon (a) If any provision of these terms and conditions
demand;
Dimensions (a) All prices contained in the Quotation and/or Order (iii) A trustee in bankruptcy. Administrator, or becomes void or unenforceable, it will be severed from
will be exclusive of taxes. All prices are in Canadian
this agreement without affecting the enforceability
W: 87CM x H: 172CM x D: 87CM Dollar (CAD) and subject to alteration without notice. receiver and manager is appointed over the of the other provision, which will continue to have full
All invoices are in Canadian Dollar (CAD) and must be Customer; force and effect.
settled in Canadian Dollar (CAD). (iv) Winding-up proceedings in relation to the (b) Forge Products Inc. may terminate or vary this
(b) Any order placed with a value of under $50.00 will not Customer are commencing; or Contract or cancel delivery of Goods at any time
be processed. This minimum invoice value does not (v) The Customer becomes bankrupt. before the Goods are delivered by giving written
apply to back-orders. notice. Forge Products Inc. will not be liable for any
(c) Orders with an invoice value of over $500.00 will be 7. CLAIMS loss or damage whatever arising from termination or
shipped free in-store (a) The Customer will inspect the Goods on delivery cancellations.
(d) Orders with an invoice value of under $500.00 will be and will within seven (7) days of delivery notify Forge (c) The Customer acknowledges and agrees that the
charged a freight charge. Products Inc. in writing of any alleged defect, shortage products sold to the Customer by Forge Products
in quantity, errors, omissions or failure to comply with Inc. cannot be offered for sale through third party
4. PAYMENT AND CREDIT TERMS the Order or Quotation. shopping websites or platforms (including but not
(a) Unless otherwise agreed in writing, the payment due (b) The Customer will afford Forge Products Inc. the limited to Amazon and Gumtree) without the express
date is strictly twenty-five, (25) days from the end of opportunity to inspect the Goods within a reasonable written authorisation of Forge Products Inc..
the month in which the Goods are purchased. time of delivery if the Customer believed the Goods
(b) Accounts with overdue balances will automatically are defective in any way. If the Customer fails to
have credit withdrawn until all outstanding balances comply with these provisions, the Goods will be
are cleared. Forge Products Inc. reserves the right deemed to be free from any defect or damage and
to charge interest at the rate of 2% on all overdue payment will be owing under this Contract.
balances calculated on a daily basis from the due date (c) If Forge Products Inc. agrees in writing that the
until such amount is paid. Customer is entitled to reject the Goods because they
(c) If the Customer defaults in payment of any invoice are defective:
when due, the Customer will indemnify Forge (i) The Goods must have a corresponding invoice
Products Inc. from and against all Forge Products number quoted;
Inc.’s costs and disbursements including a solicitor (ii) Freight charges incurred for the return of the
and own client basis and in addition to Forge Products Goods being returned is at the expense of the
Inc.’s nominee’s costs of collection. Customer, unless otherwise agreed; and
(iii) Forge Products Inc.’s liability is limited to
5. DELIVERY OF GOODS AND RISK either replacing or repairing the Goods at its
(a) Delivery of the Goods shall be made to the Customer’s discretion.
address. The Customer shall make all arrangements (d) Forge Products Inc. does not warrant that the Goods
necessary to take delivery of the Goods whenever are fit for any particular purpose or an intended use by
they are tendered for delivery. the Customer.
(b) The failure of Forge Products Inc. to deliver will
not entitle the Customer to treat this Contract as 8. LIMITATION OF LIABILITY
cancelled. (a) Subject to cause 8(b), Forge Products Inc. will have
(c) Forge Products Inc. will not be liable for any loss or no liability whatsoever for any direct or indirect
damage whatever due to failure by Forge Products Inc. losses, expenses, damages and costs incurred by the

The OX Book 2019 Edition 1 Page 211