Accuenergy Terms & Conditions
Our Terms and Conditions provide transparency for how we process your orders, and how user information is handled on Accuenergy.com.
These Terms and Conditions of Sale and Delivery shall apply to all orders placed with and all deliveries of products (herein after referred to as “Products”) made by Accuenergy (Canada) Inc. ACCUENERGY (herein after referred to as “Accuenergy”) to any customer of such Products, (herein after referred to as “Customer”), unless otherwise agreed upon in writing.
- QUOTATIONS All quotations made by Accuenergy for the sale of its Products shall not be including any VAT, or taxes before shipping.. All quotations are made in US dollars unless otherwise stated. All quotations are subject to shipping to costs unless otherwise advised. Accuenergy reserves the right to freely revoke or amend any quotations made, until such time as Customer has submitted an order based on the quotation made, and such order has been duly confirmed by Accuenergy as stipulated in Article 2 below.
- ORDERS AND CONFIRMATION HEREOF An agreement on the sale and the purchase of Accuenergy Products is entered into only when Accuenergy. has duly accepted an order from Customer. The order is accepted by Accuenergy when submitting a confirmation on such order to Customer or after an invoice has been issued in response from Accuenergy to a Purchase Order from the Customer. Any request by Customer for changes or additions to, or cancellation of any order already accepted by Accuenergy shall be subject to acceptance in writing by Accuenergy at its full and exclusive discretion.
- DELIVERY All orders shall be “FOB” Toronto equivalent to Incoterms 2000, “FOB” unless otherwise agreed upon in writing.
- TIME OF DELIVERY The time of delivery will be stated in the order confirmation issued by Accuenergy. and will include normal delivery times. Every effort will be made to meet this commitment, but Accuenergy shall in no instances incur any liability or liquidated damages arising, directly or indirectly, for any delivery delays unless specifically agreed to in writing in advance.
- PAYMENT Invoices issued by Accuenergy are due and payable thirty (30) calendar days following the date of the invoice issued to Customer, unless otherwise agreed upon in writing. In the event of any late payments by Customer, interest shall accrue at a rate of twelve per cent (1%) per month or the maximum amount permitted by law, whichever is less, calculated from the due date of such payment, and until payment is received by Accuenergy. Notwithstanding the aforementioned, Accuenergy may, at its own full and exclusive discretion, choose to revoke any credit provided, or to insist upon payment prior to the tendering of delivery of any Products. Customer agrees to waive any potential rights to withhold any payment for reasons of any counterclaims not duly recognized in writing by Accuenergy.
- INSPECTIONS AND ACCEPTANCE OF PRODUCTS Upon receiving the Products ordered, Customer is obliged to inspect the Products received. If there is shipping damage, Customer agrees to notify the shipper before accepting delivery, document said damages on delivery documents, and notify Accuenergy within 3 business days. Customer agrees to notify Accuenergy with no undue delay if Customer discovers or reasonably should have discovered that the Products received are defective or otherwise non-conforming. If shipping damage is not documented on the delivery papers and the shipper is not notified within 3 business days, the Products will be assumed to have been delivered in satisfactory condition.
- DEFECTS AND NON-CONFORMITY OF PRODUCTS Accuenergy may assume liability for defects or other nonconformity of Products only if the Products are duly returned to Accuenergy for inspection. Accuenergy may not assume liability for the costs pertaining to the return of the Products. Authorization RMA or Returned Material Authorization form must be obtained from Accuenergy for any and all returns PRIOR to return shipment. Shipments without RMA’s may be refused and returned to the sender at his cost, at the full and exclusive discretion of Accuenergy. The Products must be returned to Accuenergy in its original packaging. In the event the Products are neither defective nor otherwise nonconforming, Accuenergy shall be eligible to charge Customer for any costs Accuenergy may have reasonably incurred due to the unfounded claim of Customer. If the Products delivered are in fact defective or otherwise nonconforming, Accuenergy shall be obliged and entitled, at its own full and exclusive discretion, to either remedy such defect or non-conformity by way of repair, making a replacement delivery, or to refund to Customer the purchase price paid for the Products. Accuenergy shall under no circumstances be held liable for any operation loss, loss of time, loss of profit or any other consequential financial and indirect losses, and Customer specifically agrees that the remedies stipulated in this Article 7 shall be the only remedies available to Customer in any event of defects or otherwise non-conformity of Products.
- COMPLAINTS / WARRANTY All complaints regarding defects or other non-conformity of Products must be submitted in writing to Accuenergy without any undue delay when such defects etc. are discovered or should have reasonably been discovered by Customer. Any complaints regarding defects or non-conformity of Products must be submitted to Accuenery no later than 5 years or 60 months If such complaint is not received by Accuenergy within the time limit stipulated in this Article, Accuenergy assumes no liability for any defects or nonconformity or Products whatsoever, and Customer agrees not to assert any such liability of Accuenergy.
- LIABILITY IN TORT Accuenergy shall not be liable for any damages or losses caused by defective Products. Any damages or losses caused by inadequate maintenance of Products by Customer, by inadequate instructions of Customer’s employees in the proper and correct use of Products, by Customer’s use of Products in a way for which they were not intended, by Customer’s incorrect assembly or installation of Products or by changes to the Products conducted by Customer without the prior written consent of Accuenergy shall all be the sole responsibility of Customer for which Accuenergy shall not assume any liability whatsoever. The total liability of Accuenergy. for damages of losses caused by the Products delivered shall never exceed the net purchase price paid for the Products. Accuenergy shall not be held liable for any damages or losses caused by Products, to the extent such damages or losses are deemed attributable to a component made by Customer and integrated in the Products. In the event of any third party, for example Customer’s customers, seeking to Accuenergy liable for any damages or losses, for which Accuenergy is not responsible towards Customer according to this Article, Customer specifically agrees to hold Accuenergy harmless and indemnity for any costs as may reasonably be incurred by Accuenergy as a result thereof, including but not limited to, any compensation payable, reasonable attorney fees etc.
- INTELLECTUAL PROPERTY RIGHTS Customer acknowledges and agrees that any trademarks, trade names, trade secrets, know-how, logos, copyrights, patents, patent applications, designs, drawings, documentations, manuals, and any other rights of intellectual property related to the Products sold, are and shall remain the exclusive property of Accuenergy. Thus, Customer acknowledges and agrees that the only right acquired by Customer is the right of use of the Products delivered. Customer shall be entitled to assign such right of use.
- FORCE MAJEURE ACCUENERGY, Inc. Shall not be liable for any non-performance of its obligations if such non-performance is attributable to circumstances which in all fairness must be regarded as being beyond the control of Accuenergy including but not limited to natural disasters of any kind, strike, fire, war, mobilization, requisitions, sequestration, foreign exchange restrictions, uprising and unrest, shortage of transportation, general scarcity of goods, restrictions concerning energy or defects or delays in deliveries from sub-suppliers, which are attributable to similar circumstances as the ones listed in this Article 11.
- GOVERMENTAL RULES AND REQUIREMENTS Accuenergy does not undertake to warrant that the Products comply with special governmental rules and requirements promulgated within the jurisdiction where Customer resides. Thus, unless otherwise agreed, Customer undertakes to disclose and examine any special governmental rules and/or requirements with respect to the Products that must be complied with. Also, Customer shall assume the risk of any amendment to such governmental rules and/or requirements after the delivery of Products. In the event such governmental rules and/or requirements are amended following the issuance of an order confirmation by Accuenergy but before delivery is undertaken, Accuenergy may, at the request of Customer and subject to price adjustments, undertake reasonable endeavours to change the Products accordingly. However, nothing herein shall be constructed as an obligation on Accuenergy to make such change.
- SEVERABILITY If one or more of the provisions of these Terms and Conditions of Sale and Delivery are held to be contrary to the applicable law, such provision or provisions that are held to be in conflict with the applicable law shall be mortified and shall apply with such contents only as may be validly agreed, and the remaining provisions of these Terms and Conditions of Sale and Delivery shall be unaffected by such holding.
- CONFIDENTIALITY All information disclosed to Customer in the course of dealing shall be recognized and acknowledged by Customer as confidential information, whether such confidential information is maintained in hard copy or in electronic form. 15. GOVERNING LAW, VENUE AND SERVICE OF PROCESS Any dispute arising out of or in connection with these Terms and Conditions of Sale and Delivery, including but not limited to, disputes regarding formation, execution, validity, interpretation, performance or settlements between the parties, shall all be governed and construed in accordance with the laws of the province of Ontario and applicable Canadian federal law. If a dispute of any kind whatsoever arises between the parties, the parties agree to attempt to settle such dispute amicably. The place of any applicable Arbitration shall be within the province of Ontario. The parties expressly accept that service of process and all other judicial messages may be given by registered mail to the addresses of the parties as stated in the order confirmation issued by Accuenergy. The above Terms and Conditions of Sale and Delivery are hereby in every respect acknowledged and agreed to.