STANDARD TERMS AND CONDITIONS OF SALE
Terms and Conditions
1. Introduction
These Terms and Conditions (“Terms”) govern all sales of goods and/or services by FKR SALES (“FKR SALES”, “we”, “us”, or “our”) to you, the purchaser (“you”, “your”, or “Customer”). By placing an order, accepting delivery, paying an invoice, or otherwise engaging with us, you agree to be bound by these Terms.
2. Scope and Acceptance
These Terms apply to all quotations, proposals, purchase orders, invoices and deliveries made by FKR SALES unless we expressly agree otherwise in writing. Any additional or conflicting terms proposed by you are rejected unless expressly accepted in writing by an authorized representative of FKR SALES.
3. Definitions
“Goods” means all products, materials and items supplied by FKR SALES. “Invoice” and “Statement” refer to any billing or account statement issued by FKR SALES. “Delivery” means the transfer of physical possession of Goods to the carrier or to you as specified on the invoice.
4. Order Acceptance and Confirmation
All orders are subject to acceptance by FKR SALES. An order becomes binding only when FKR SALES issues an invoice or written confirmation. We reserve the right to refuse or cancel orders at our discretion.
5. Prices and Price Changes
Prices for Goods are those quoted by FKR SALES or set out on our invoice. Prices are subject to change at any time and without prior notice. We may adjust prices to reflect increases in costs, tariffs, duties, taxes, or supply constraints. Quoted prices expire as stated on the quotation or, if no expiry is stated, as determined by FKR SALES.
6. Payment Terms and Credit Approval
Payment terms are set out on the invoice. If you are granted credit, any credit limit is subject to FKR SALES’ approval and may be changed, suspended or withdrawn at any time without prior notice. Accounts without an approved credit limit must pay according to immediate payment terms (for example, payment on or before delivery or as otherwise specified on the invoice).
7. Late Payment, Interest and Recovery Costs
If payment is not received when due, late payments will accrue interest at the maximum legal rate permitted under applicable Canadian law. You will also be responsible for all costs we reasonably incur in collecting overdue amounts, including collection agency fees, court costs, enforcement expenses and legal fees (to the extent recoverable).
8. Collections and Debt Recovery
Should we refer your account to a collection agency, solicitor, or take legal action to recover outstanding debts, you will indemnify FKR SALES for all reasonable collection and recovery costs incurred. This includes, where permitted, solicitor‑client legal fees, enforcement costs, and any expenses required to secure payment. FKR SALES may deduct such costs from any amounts otherwise payable to you.
9. Taxes, Duties and Shipping Costs
You are responsible for all applicable taxes, duties, customs charges and other governmental levies related to purchases, unless expressly stated otherwise. Shipping, freight and delivery charges are considered a net‑zero item and, in order to keep product prices competitive, will remain the responsibility of the purchaser unless FKR SALES specifies otherwise in writing.
10. Delivery, Inspection and Risk of Loss
Delivery dates are estimated and not guaranteed. Title and risk of loss pass to you upon delivery to the carrier or when goods are made available for pickup, as specified on the invoice. You must inspect shipments before acceptance. Any visible damage, shortage, or discrepancy must be recorded on the carrier’s delivery documentation at the time of delivery.
11. Reporting Shipping Errors and Damages
All shipping errors, shortages, damages or other delivery issues must be reported to FKR SALES within 48 hours of receipt. Failure to report within this 48‑hour window may impede our ability to investigate or process claims and may limit remedies available to you.
12. Returns, Restocking Fees and Refunds
Returns are not automatic and are accepted only at FKR SALES’ sole discretion. Acceptance of returns depends on product type, condition, reason for return and timing. If we authorize a return, returned Goods should generally be in new, unopened, original packaging and in a resaleable condition unless otherwise agreed in writing. Restocking fees may apply and will vary by product; applicable restocking fees will be communicated when a return is approved. Refunds, if issued, will be processed to the original method of payment after inspection and approval of returned items.
13. Invoice and Statement Discrepancies
Any dispute or discrepancy concerning an invoice or account statement must be submitted to FKR SALES in writing during the invoice or statement period specified. If no period is specified, disputes must be received in writing within 30 days of the invoice or statement date. Failure to notify FKR SALES in writing within the applicable period will be deemed acceptance of the invoiced amounts.
14. Warranties and Disclaimers
FKR SALES warrants that Goods will conform to their specifications at the time of delivery. Except as expressly stated, all other warranties, whether express or implied (including implied warranties of merchantability and fitness for a particular purpose), are excluded to the fullest extent permitted by law.
15. Indemnity
You agree to indemnify, defend and hold harmless FKR SALES and its officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your use, resale, distribution or handling of the Goods; (c) your negligence or willful misconduct; or (d) any third‑party claims related to your business operations or products.
16. Confidentiality
Each party shall maintain the confidentiality of confidential or proprietary information disclosed by the other party and not disclose such information to third parties except as required by law. Confidential information shall be used only for purposes of performing obligations under these Terms. Confidentiality obligations will survive termination or expiration of these Terms.
17. Limitation of Liability
Except where prohibited by applicable law, FKR SALES’ total liability arising from or related to these Terms or the Goods supplied will be limited to the amount paid by you for the specific Goods or services that give rise to the claim. In no event shall FKR SALES be liable for indirect, incidental, special or consequential losses, including lost profits or business interruption.
18. Consumer Protection Compliance
These Terms are intended to comply with applicable Canadian federal and provincial consumer protection legislation. Nothing in these Terms is intended to exclude or limit any consumer rights that cannot lawfully be excluded. If applicable legislation provides mandatory consumer rights, those rights will apply and prevail over inconsistent provisions in these Terms.
19. Force Majeure
FKR SALES will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, strikes, pandemics, civil unrest, governmental actions, shortages of materials, or transportation disruptions. In such events, delivery and performance deadlines will be extended for the period of the disruption.
20. Intellectual Property
All intellectual property rights in designs, materials, trademarks, documentation and other intellectual property provided by FKR SALES remain our property or that of our licensors. No license to use such intellectual property is granted except as expressly set out in writing.
21. Amendment, Availability of Terms and Agreement by Conduct
FKR SALES may amend these Terms from time to time. The current version of these Terms will be made available at the link provided on our website or other designated location. Each accepted order, delivery acceptance or invoice is deemed to be your agreement to the Terms in effect at the time of that order, delivery or invoice. It is your responsibility to review the current Terms.
22. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Canada and the applicable province or territory. The parties submit to the exclusive jurisdiction of the courts of the applicable province or territory for any disputes arising hereunder.
23. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
24. Entire Agreement
These Terms constitute the entire agreement between you and FKR SALES with respect to the subject matter and supersede all prior agreements, negotiations and representations, whether written or oral.
25. Contact Information
For questions, returns, claims or other concerns, contact us at:
https://fkr-sales1.odoo.com/contactus
Email: admin@fkrsales.com
Phone: 587-281-2384