Agreement – These Terms and Conditions of Sale govern all transactions between Bathica Corporation (“Bathica”) and the buyer (“Buyer”). By placing an order with Bathica, Buyer agrees to these terms and conditions.
Price – Prices are as stated at the time of order acceptance and are subject to change without notice. All prices are tax extra. GST, HST and Provincial Tax are not included. Buyer will be billed at the agreed-upon prices and currency. Prices are FOB warehouse location unless otherwise quoted in writing. Delivery charge will apply to all delivered orders. All transportation arrangements are made by Bathica, unless otherwise stated in the agreement or a pick-up is specifically requested by Buyer. Incorrect prices in the price catalogue due to calculation or human error will not be honoured and will be corrected at the earliest possible date.
Terms of Sale – Net 30 days unless otherwise stated. Accounts past due will be suspended. A service charge of 2% per month (24% per annum) will be applied to all overdue accounts. Shipments and deliveries shall at all times be subject to Bathica’s acceptance and credit approval. Title to the products does not pass until invoice is paid in full. Buyer agrees to pay Bathica all costs, charges, and expenses (including, without limitation, legal fees and expenses on a solicitor-client full indemnity basis) incurred by or on behalf of Bathica in connection with the collection of any outstanding amounts and/or Bathica’s enforcement of any of Bathica’s rights against Buyer.
Deposits and Returns – Orders may require a deposit and may not be cancelled, rescheduled, or modified without prior written approval. Returns require a Return Merchandise Authorization (RMA) from Bathica. All deposits and down payments are non-refundable. A cancellation charge may apply on cancelled orders. No products may be returned without prior written approval. A minimum handling charge of 25% will apply to products returned. This may vary depending upon factory return products policy.
Claims – All damage claims must be made to the transportation company as applicable; Bathica is not responsible for any such damaged products. Shortage claims must be made within two (2) days of receipt of shipment. Notification of any invoice errors must be made within 60 days of date of invoice.
Availability – All products quoted are subject to prior sale. Products shown in price catalogue may not be available in all locations and extra freight costs will apply. Contact Bathica for availability and price confirmation.
Warranty Disclaimer and Limitation of Liability – Bathica warrants that it has title to the products sold. Bathica warrants that the products conform to the terms outlined in Bathica’s warranty policy, provided that Buyer adheres to the procedures specified within the warranty policy and refrains from engaging in misuse or unauthorized modifications of the products. Any claims pertaining to defects must be submitted in writing and in accordance with Bathica’s Return/RMA policy. Claims must be made within six (6) months of delivery with supporting details. Except as specifically set out herein, Bathica does not make any guarantees, representations, or warranties of any kind or nature, whether expressed or implied, by statute or otherwise, and specifically disclaims any implied guarantees, representations, and warranties, whether of merchantability, suitability, fitness for a particular purpose (even if Bathica has been advised of such purpose) or otherwise. In no event will Bathica be responsible or liable for any indirect, special, consequential, or punitive damages or any other costs or expenses resulting from the use of or inability to use any of the products. Notwithstanding the foregoing, in no event shall Bathica’s liability exceed the amount of the price paid by Buyer for the products.
Indemnity and Security Agreement – Buyer is responsible for any claims or liabilities that may arise from Bathica following Buyer’s designs or instructions, and Buyer will not hold Bathica responsible for such claims or liabilities. Bathica has the right to take additional measures, such as filing financing statements, to ensure that they receive payment from Buyer for the products or services provided.
Buyer Covenants and Quality Control – Buyer acknowledges and agrees that all products purchased from Bathica will be used in strict compliance with industry standards and regulations. Furthermore, Buyer agrees to sell these products only under the specified terms and to adhere to Bathica’s quality control and safety measures.
Force Majeure – Bathica is not liable for delays or failures beyond its control, including but not limited to acts of nature, government actions, changes in laws or regulations, market conditions, transportation issues, supplier problems, technological failures, labour disputes, financial disruptions, global events, and natural disasters. These events may impact Bathica’s operations and ability to fulfill orders in a timely manner.
Assignment of Rights and Obligations – Buyer acknowledges and agrees that the rights and obligations under these terms and conditions are personal to them and may not be assigned, transferred, or delegated without the prior written consent of Bathica. Any unauthorized assignment, transfer, or delegation shall be deemed invalid and without effect.
Governing Law – These terms and conditions are made under and shall be governed by and interpreted in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sales of Goods shall not apply to this transaction.
Terms and Conditions Supersede All Others – The terms and conditions herein, and on any credit application signed by Buyer, shall govern this transaction and shall supersede any purchase order submitted by Buyer. The terms and conditions of any purchase order submitted by Buyer are null and void and of no legal effect, other than with respect to the identity of and quantity of the products being purchased.
