Terms and Conditions

  1. ACCEPTANCE OF ORDER – Buyer’s acceptance of any order is expressly limited to the terms herein and any provisions which are in addition to or different from the provisions of this agreement, whether they materially alter this agreement or not, are specifically objected to and are not accepted by Seller. The terms and conditions of this agreement constitute a complete and exclusive statement of the agreement between Buyer and Seller, and no prior or other written or oral agreement or course of dealing shall in any way modify, change or add to the terms and conditions hereof unless expressly agreed to in writing by an authorized representative of Seller.
  2. TERMINATION – Acceptance of any order is subject to credit approval and acceptance of order by Seller and his suppliers. If Buyer fails to comply with these terms and conditions of sale or if Buyer’s credit becomes unsatisfactory to Seller, Seller reserves the right to terminate upon notice to Buyer and without liability to Seller.
  3. PRICES – Unless otherwise quoted, prices shall be those published and in effect at time of shipment. Prices are subject to change without notice. Any change in quantities, partial release or destination may incur a price adjustment.
  4. TERMS OF SALE – Interest will be charged at the rate of 4% per month, compounded monthly, on all accounts not paid by Net Due Date calculated on and after such Net Due Date. In the event that legal action is taken by Seller to collect any amount due hereunder, Buyer shall pay all court costs and legal fees on a solicitor-and-own-client basis incurred by Seller in bringing such an action.
  5. RETURN OF GOODS – NO CREDIT will be allowed for goods returned without permission of Seller. A deduction will be made from credits issued on all returned material which is accepted for return by Seller to cover cost of handling.
  6. TAXES – Prices are subject to any sales, excise, goods and services and other government charge payable by Seller to any federal, provincial or local authority now or hereinafter imposed upon any sales or shipments. Buyer agrees to provide Seller with an acceptable tax exemption certificate and/or to reimburse Seller for any tax or similar charge paid by Seller to such federal, provincial or local authority.
  7. DELAY IN DELIVERY – Seller is not liable nor is it to be accountable for any delays in delivery that are caused by factors or contingencies beyond the Seller’s control. It is acknowledged by Buyer and Seller that factory shipment and delivery dates are based on the best estimates of Seller’s suppliers. In no case shall Seller be liable or accountable for any damages including, without limiting the generality of the foregoing, general, special, and consequent damages arising from any delay in delivery to or by Seller.
  8. LABOUR CHARGES – Seller shall not be held liable for any labour charges other than those agreed upon in advance between the Seller and Buyer of the products.
  9. BUYER’S REQUIREMENTS – Material and equipment included in this invoice are based on Seller’s interpretation of Buyer’s requirements and are subject to verification by Buyer or Buyer’s representative. This invoice does not include accessory equipment unless such items are listed on reverse side.
  10. WARRANTIES – Seller warrants that all goods sold are free of any security interest or other lien and will in addition make available to Buyer all transferable warranties made to Seller by the manufacturer of the goods. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, AND SPECIFICALLY MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF SELLER, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH A NUCLEAR FACILITY OR ACTIVITY.
  11. LIMITATION OF LIABILITY – Buyer’s remedies for any defects in the materials are subject to any limitation contained in this agreement or in the manufacturer’s terms and conditions to Seller. A copy of such terms and conditions will be furnished upon written request. Furthermore, Seller’s liability and the liability of any successor, assign, agent, employee, officer, director or shareholder of Seller shall be limited to either repair or replacement of the goods or refund of the purchase price all at Seller’s option, and in no case shall Seller be liable for incidental or consequential damage. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.
  12. INDEMNITY – Buyer agrees to indemnify and hold harmless Seller, its successors, assigns, agents, employees, officers, directors or shareholders against all costs, damages, claims and demands in connection with any and all product liability or other claims arising from the negligence, willful misconduct or legal or regulatory non-compliance of Buyer, and any actual or alleged infringement of any trademark or copyright law arising out of the delivery, sale or use of the goods sold under this agreement.
  13. WAIVER – The failure of Seller to insist upon the performance of any of the terms or conditions of this contract or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, nor shall be deemed to be a waiver of any other term, condition, or right under this contract.
  14. MODIFICATION OF TERMS AND CONDITIONS – No terms and conditions other than those stated herein, and no agreement or understanding, in any way purporting to modify these terms of conditions, shall be binding on Seller without the written consent of a duly authorized representative of Seller.
  15. PAYMENT TERMS – Holliston’s Inc.’s Terms are strictly Net 30 days, from date shipped, to approved accounts. Any accounts outstanding for more than 45 days from date shipped will not have future orders released until their account is back within its terms. Holliston’s Inc. reserves the right to hold any customer orders that have a balance at or beyond 45 days.
  16. Please visit our website at Hollistons.com for additional information regarding Shipping & Returns, Conditions of Use, etc.