ThermaCover Spa and Hot Tub Covers - Locally Canadian Made

1.Terms and Conditions Applicable: The terms and conditions set forth herein shall apply to the order referred to in herein. Our acceptance of this order is expressly made conditional upon assent to the terms and conditions set forth herein, which comprise all of the terms and conditions between AB Technology Group and the purchaser respecting this order, except to the extent that any term or condition shall have been changed or modified as set forth in this agreement. Any other changes or modifications in the terms and conditions contained herein must be specifically agreed to in writing by AB Technology Group.

2.Order Minimum: There will be a minimum order amount of $75.00 required for each order received. There will be an additional $15.00 fee for adding items to an existing order under $100.00. Order minimum does NOT include any tooling, overtime or freight charges. This $15.00 fee can apply to any change made to an existing order, ex. method of shipment, shipping destination, etc.

3.Cancellation: Any order may not be cancelled for any reason without the consent of AB Technology Group. No orders can be cancelled after production has begun.

4.Delivery: Any shipping dates set forth in the purchase order or any acknowledgment of the order are the best estimate of actual delivery, but may be changed by mutual agreement. AB Technology Group shall not be liable for any delays in delivery or default by reason of any occurrences or contingencies, including, but not limited to fire, flood, embargo, strike, failure to secure materials from suppliers, government restrictions considered “force majeure” or any other circumstance beyond AB Technology Group’s control which shall prevent AB Technology Group from making the deliveries in the normal and usual course of business.

5.Risk of Loss: Notwithstanding title to or ownership of the products, risk of loss shall pass to the purchaser as soon as the products are invoiced.

6.Taxes and Fees: Any taxes or fees imposed by any federal, provincial, state, municipal or other governmental authority, including any import or export duty that may be applicable to the sale or delivery or transportation of the product or services that may be sold by reason of this order and any and all duties, tariffs and brokerage charges, shall be added to the price of the order and paid by the purchaser except where the purchaser shall have provided a proper certification of exemption therefrom.

7.Method of Shipment: Unless otherwise specified in any purchase order, acknowledgement or other specific document relating to this order, all shipments made pursuant to the order shall be made F.O.B. Bowmanville ON, or nearest stocking point. In no event shall the method of shipment modify the risk of loss as specified herein. All freight collect unless otherwise specified.

8.Terms of Payment: Unless otherwise specified in the purchase order or acknowledgement, all products shall be sold with payment in advance at time of ordering. Discounts are not applicable to tooling, expediting, or transportation charges. Any account for which payment has not been received within sixty (60) days from date of invoice will automatically be put on credit hold. Credit hold will also halt production of any other purchase orders that are in our manufacturing. AB Technology Group welcomes payments by credit cards and electronic fund transfers.

9.Security Interest: Until full payment of the purchase price for any product and/or any service order pursuant to the order, AB Technology Group shall retain a security interest in such products and may, at its option, and without further agreement or signature by the purchaser, file evidence of such security interest.

10.Warranties: AB Technology Group warrants to the original purchaser that its products, under normal use, shall be free from defects in material or workmanship provided that (a) the product has not been tampered with or repaired by any person other than AB Technology Group, and (b) the product has been sold or used within the time period specified for the shelf life of the product, and (c) the purchaser notified AB Technology Group in writing of any such defects immediately after discovery thereof. AB Technology Group shall not be liable for any damages for any product resulting from the misuse or negligence of others or if any alterations have been made in the product which have not been authorized in writing by AB Technology Group. THIS WARRANTY IS GIVEN IN LIEU OF ANY OTHER REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

11.Limitation of Liabilities: The sole and exclusive remedies of the purchaser shall be, at the option of AB Technology Group, the return of the products and repayment of the price or the repair and replacement of nonconforming products and in no event shall AB Technology Group be liable for the incidental and consequential damages arising from any cause whatsoever.

12.Product Liability: Purchaser acknowledges that AB Technology Group has no control over and is not responsible for the manner in which the products will be used or otherwise dealt with by the purchaser. The purchaser therefore agrees to assume all responsibility for any and all sums which AB Technology Group and/or the purchaser become obligated to pay because of bodily injury or property damage caused by or resulting directly or indirectly from the installation, maintenance, use or operation of any products or the failure of the products to comply with any safety laws or regulations. Purchaser shall indemnify and hold AB Technology Group harmless from and against any and all actions, claims or demands arising out of or in any way connected with the installation, maintenance, use or operation of the products, or the design, construction or composition of any items or items made or handled by the products supplied hereunder, including any such actions, claims and demands based in whole or in part on the default or negligence.

13.Proprietary Rights: Any and all models, drawings, sketches, plans and other information supplied by one party to the other shall remain the property of the party who shall have supplied it. The other party may not use any such material or information except with respect to the products and/or services, which are subject to this sale transaction. Any product or service sold hereunder shall not constitute a license to use any of the proprietary rights of AB Technology Group.

14.Applicable Law: The terms and conditions of any contract arising out the transaction between the parties hereto shall be construed in accordance with the laws of the Province of Ontario.

15.Acceptance: Hereafter, whether it be verbally or by fax or mail or e-mail, any order issued to AB Technology Group shall fall under these terms and agreement.