GENERAL TERMS AND CONDITIONS

This general terms and conditions is part of each quotation/offer submitted by the private company FORCEMILL TOOLS INC. 

QUOTATION:

FORCEMILL quotations are valid for thirty (30) days, unless otherwise stated in the quotation. Quotations are free of obligation and may be withdrawn by FORCEMILL at any time and for any reason.

The Special notes and the Technical notes in the quotation are deemed to be part of the agreement.

ORDERS:

All orders are subject to acceptance by FORCEMILL and shall be indicated by written order confirmation and this confirmation are deemed to fully reflect the agreement with the Purchaser.

Any required documents such as certificate of origin, standard certificate, test reports, inspection certificates, Safety data sheets, etc. shall be informed to FORMECILL along with the purchase order.

COMMUNICATIONS:

  • All communications between FORCEMILL and the Purchaser may be effected electronically unless the law provides otherwise.

  • If the General Terms and Conditions or the agreement provide that a statement must be made in writing, it may also be made electronically, provided that the electronic message can be printed.

  • The Purchaser is responsible for saving and/or printing electronic communications. The version of the electronic communication saved by FORCEMILL will serve as proof thereof, except if the Purchaser can present proof to the contrary.

  • Except in the event of proof to the contrary, electronic communications are deemed to have been received on the day of transmission. 

PRICES:

All prices for Products are subject to change without notice and all orders shall be invoiced at the Prices in effect on the dates the orders were accepted by FORCEMILL. Prices do not include sales, use, excise, value-added (VAT) or similar taxes, shipping, insurance while in transit, customs duties, import/export fees, or any other fees related to the sale, use and/or delivery of Products (collectively, “Taxes and Fees”). Payment of Taxes and Fees is the sole responsibility of Buyer. The quantities set forth in a quotation may affect Prices. FORCEMILL reserves the right to adjust Prices if Buyer changes the quantities proposed in a quotation.

Prices are exclusive of turnover tax and other government levies.

Local transport costs are entitled to charge to the Purchaser.

DELIVERY:

Unless otherwise set forth in a quotation or agreed to by FORCEEMILL in writing, all Products will be delivered EX-WORKS (EXW) FORCEMILL’s location (INCOTERMS 2010).

Stated delivery dates are approximate only, time is not of the essence, and FORCEMILL reserves the right to reschedule shipment date without liability to Buyer or any third party.

In all cases, the purchaser shall arrange the permissions, exemptions and/or permits required for the transport at its own expense. The Purchaser is liable for all losses resulting from the lack of the permissions, exemptions and/or permits required.

The local bill of lading is considered as the proof of delivery of the goods to the purchaser.

Risk of loss or damage for each shipment shall pass from FORCEMILL to Buyer and loss or damage that occurs during shipping shall be Buyer’s sole responsibility.

REGULAR ORDERS:

Regular orders are shown by writing "Regular orders" in green color in front of each item on the table of "how to order".

Regular orders are not returnable and will be final sales after delivery or pick up.

Purchaser will be allowed to cancel regular orders only before delivery with no deduction.

SPECIAL ORDERS

The products that are stated as “Special Orders” are considered non-cancelable and if canceled by the purchaser before delivery, restocking fee of 50% of the total amount will be charged to the account of the purchaser or the advance payment will be non-refundable.

The products that are stated as “Special orders” may need longer delivery time.

Special orders are not returnable and will be final sales after delivery or pick up.

Special products are shown by writing "special orders" in red color in front of each item on the table of "how to order"

INVOICING AND PAYMENT:

Payments must be effected within 30 days of the invoice date. If FORCEMILL has not yet received payment in full after the end of this period, FORCEMILL may cancel order without any prior notice and liability.

Purchase orders will be proceed after full payment.

Where permitted by law, in the event that Buyer does not make payment in full, FORCEMILL reserves the right to recall and recover all Products for which payment has not been received.

LIMITED WARRANTY:

FORCEMILL guarantees the proper performance of the new items delivered for a period of twelve (12) months after delivery to the customer. In the event that FORCEMILL determines that a Product contains a defect in materials or workmanship, then FORCEMILL, in its sole discretion, will repair or replace the Product.

Customer cannot invoke a warranty if:

  • the defect, wholly or partly, is due to unusual, inappropriate, improper or careless use of a delivery;

  • the defect, wholly or partly, is due to normal wear and tear or lack of proper maintenance;

  • the defect, wholly or partly, is due to installation, assembly, modification and / or repair by the Customer or by third parties;

  • the delivery is altered, modified, used or processed

  • the delivery is transferred to a third party;

  • FORCEMILL in manufacturing of the product, has used raw materials, and suchlike on the instructions of the Customer;

  • the product has a small deviation in its quality, finishing, size, composition and suchlike, which is not unusual in the industry or if the defect was technically unavoidable;

  • the Customer has not promptly and correctly fulfilled all obligations under the agreement towards FORCEMILL.

  • No Products shall be returned without prior authorization from FORCEMILL. Buyer shall prepay all shipping charges for the return of Products to FORCEMILL’s designated service location.

  • FORCEMILL does not consider a warranty to repaired tools.

  • FORCEMILL does not have any obligation to offer replacement for the time the product is being repaired.

  • Bigger Size products will be repaired in the buyer's workshop (within Canada) to prevent more damages and buyer will need to provide required moving or lifting equipment.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL FORCEMILL BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, HUMAN INJURIES,ETC  EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FORCEMILL’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO ANY ORDER IS LIMITED TO THE ORDER PRICE FOR THE SPECIFIC PRODUCT THAT GIVES RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OR LAW, OR OTHERWISE.

FORCE MAJORS:

FORCEMILL shall not be liable for any loss, damage or delay resulting from causes beyond its reasonable control, including, without limitation, strikes, acts, omissions or delays of Buyer, fires, natural disasters, breakdowns of essential machinery, accidents, material shortages, delays in transportation, or lack of production capacity.

In the event of force majeure at FORCEMILL the latter is authorized to extend the agreed delivery period and/or performance period for the duration of the force majeure or to terminate the agreement if it has not yet been performed in full. This does not create any obligation for FORCEMILL to pay damages.

ASSIGNMENT:

FORCEMILL may assign or delegate its rights and obligations, in whole or in part, under these Terms and any order to any FORCEMILL affiliate or subsidiary.

Authorized distributors or dealers have their own terms and conditions and any conflict or dispute is not of the essence.

END USERS AND FINLA DESTINATION:

Final destination and end user of the products must not be where has been forbidden by the Canadian government and final destinations that are declared by the purchaser, will be considered as actual destination and all the consequences of incorrect information are the responsibility of the purchaser.

NOTES:

Full version of the "general terms and condition" will be sent along with the quotation and purchaser will needs to sign the terms as an agreement and forward along with the purchase order.

the terms and conditions may change any time without any prior notice.