Terms and Conditions

All sales of products (the “Products”) by MettleAirStore.ca (hereinafter referred to as “ MettleAir”) to a buyer anywhere in the world (each a “Buyer” and collectively the “Buyers”) are subject to the following terms and conditions (the “Terms”), which form an integral part of a contract for the sale of Products by MettleAir. Any modification hereto must be in writing signed by MettleAir. Unless otherwise agreed to in writing by MettleAir, the Terms and conditions provided for herein shall prevail in the event of any conflict between these Terms and any differing Terms submitted by the Buyer in connection with any order.

1. ORDERS AND DELIVERIES

1.1. All orders are subject to written acceptance by MettleAir.

1.2. Delivery schedules (even if accepted or agreed to in writing by MettleAir) are tentative and based upon best information available at the time of quotation or acceptance of an order. All reasonable steps to meet delivery schedules will be taken by MettleAir.

1.3. Partial deliveries are allowed. On collect shipments Buyer shall bear all risk of loss to the Products while in transit. Title shall pass to the Buyer upon payment in full.

1.4. The Buyer shall arrange for the acceptance of the Products in accordance with the agreed upon delivery schedule. In the event that the Buyer fails to so accept the Products, MettleAir may, without further notice, arrange for storage. The Buyer shall be liable for all storage charges.

1.5. If Buyer wrongfully rejects or revokes acceptance of the Products or fails to make payment due on or before delivery, or repudiates all or part of the contract for any Products shipped, MettleAir may withhold delivery, or stop delivery of Products or cancel the contract and/or sue for damages at MettleAir's exclusive option. If Buyer causes a delay in the delivery of Products or any part thereof, MettleAir, at its exclusive option, may extend the period of delivery by a period reasonable in consideration of the circumstances, and, if the delay causes MettleAir substantial inconvenience, MettleAir has the right to cancel the delivery of the Products whose delivery is delayed. MettleAir reserves the right to recoup any expenses incurred or damages suffered by MettleAir as a result of such delays.

1.6. MettleAir is not liable damages / losses for any input errors due to verbal miscommunication. Verbal communication methods include in person, phone, voice mail, and recorded message.

 

2. PRICES AND QUOTATIONS

2.1. Prices are subject to change without notice, but any such changes shall not affect accepted orders scheduled for shipment within 30 days from the date the order is entered. Prices of Products scheduled for shipment after that period shall be those as published and in effect at the time of shipment. However, Buyer may, by written notice within 5 days of receipt of the information on price increases, elect to cancel the order for said Products.

2.2. Price quotations are firm for 10 days.

2.3. Prices in catalogs or brochures are not binding unless confirmed in writing by MettleAir in an order confirmation.

 

3. PAYMENT

3.1. All orders will be invoiced upon shipment. Unless otherwise specified in a written order confirmation, payment shall be made to MettleAir within 30 days of the date of invoice. Unless otherwise agreed in writing, MettleAir reserves the right to submit invoices for partial shipments.

3.2. MettleAir may charge interest from the due date of payment at the rate of 1.5 % per month, or at the maximum lesser rate allowed by law. In the event of collection of the amount due by an attorney, MettleAir shall be entitled, in addition to such other relief as may be granted, to reasonable attorney’s fees which the parties agree are twenty percent (20%) of the amount of the non-payment. All further rights and remedies are expressly reserved.

 

4. RETURN POLICY

4.1. Returns for credit are not allowed without MettleAir’s prior written consent. Only unused standard Products in original packaging and suitable for resale will be considered for credit, provided that such Products are received within 30 days of the original invoice date. Special order Products (including but not limited to non-stocked items, specifically designed Products, non-standard length cylinders, special assemblies and valve manifolds, control systems, and electronic Products) are not returnable for credit.

4.2. Credit will be based upon prices in effect at the time of return or time of invoicing, whichever price is lower, less deduction for handling, re-inspection, and less any additional expenses incurred in restoring goods to saleable condition, as determined by MettleAir’s inspection. The restocking charge will be the higher of 15% of the purchase price invoiced for such Products or MettleAir’s documented costs and expenses in connection with restocking the returned Products. All return shipping charges must be prepaid by the Buyer.

4.3. Products not accepted for credit (such as used or damaged Products, or Products with missing accessories or packaging materials) will be returned freight collect to Buyer.

 

5. ORDER CANCELLATIONS

Order cancellations by Buyer are subject to a reasonable charge, to be determined by and at the sole discretion of MettleAir. Orders for Special order Products (as defined under section “Return Policy”) may not be cancelled. A cancellation charge of the higher of 15% of the purchase price invoiced for such Products or MettleAir’s documented costs and expenses resulting from such cancellation will be applied to any order cancellation.

 

6. DESIGNS AND PUBLISHED DATA

All designs and specifications are subject to change without notice. Such changes are not applicable to prior sales. MettleAir assumes no responsibility for changes to Products already supplied. All data is sufficiently accurate for general use, however, any responsibility for errors or omissions is excluded.

 

7. WARRANTY

7.1. MettleAir warrants to Buyer that the Products will be free of defects in material and workmanship appearing within 12 months from the date of shipment; provided the Products are used for the purpose intended and are maintained, handled, serviced and operated in accordance with the product specifications supplied by MettleAir or the manufacturer of the Products.

7.2. If a warranty defect arises, MettleAir will, at its option, repair or replace the defective Product or refund the purchase price thereof. Such repair, replacement or refund shall be the sole liability of MettleAir and the sole remedy of Buyer with respect to the defective Product. MettleAir will not be liable to remove defective parts or material, or install replacement parts or material, or to pay for the same. In no event shall any warranty claims be made more than twelve (12) months after delivery of the purchased Products.

7.3. MettleAir shall have no responsibility to repair, replace or issue refunds for Products damaged as a result of (a) inadequate installation, handling, operation or maintenance of Products (including without limitation, the installation, handling, operation or maintenance of Products contrary to written instructions and/or recommendations of MettleAir), or (b) acts of Buyer or third parties, acts of God or Nature, modification, misapplication, abuse, or other similar events.

7.4. Unless expressly warranted in MettleAir’s order confirmation, MettleAir makes no warranty that the Products comply with applicable law, regulations or specifications in any jurisdiction in which the Products may be sold, marketed or used.

7.5. THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES; AND METTLEAIR SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No agent, distributor or employee of MettleAir has authority to extend the scope of this warranty or make any other representation, promise or warranty with respect to the Products.

 

8. LIMITATION OF LIABILITY

8.1. IN NO EVENT SHALL METTLEAIR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES OF ANY KIND, OR DAMAGES CAUSED BY DELAY IN PERFORMANCE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, COST OF SUBSTITUTES, ARISING FROM OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR ORDER, WHETHER FOR BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT. METTLEAIR’S MAXIMUM LIABILITY FOR ANY CLAIMS ARISING FROM OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR ORDER, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE INVOICED PURCHASE PRICE OF THE PRODUCT(S) GIVING RISE TO THE CLAIM.

8.2. It is agreed and acknowledged that the provisions of these Terms allocate the risks between MettleAir and the Buyer in a fair and equitable manner, MettleAir’s pricing reflects this allocation of risk, and but for this allocation and limitation of liability, MettleAir would not have agreed to sell the Products to Buyer.

8.3. In jurisdictions that limit the scope of, or preclude limitations or exclusions of, remedies or damages or of liability such as liability for gross negligence or willful misconduct or do not allow implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages or liability set forth herein are intended to apply to the maximum extent permitted by applicable law.