Terms and Conditions of Sales CanadaIn addition to any terms indicated on the invoice for your purchase, the following apply and are applicable to any and all Associate Corporations of True North HDD Brokers Inc. including but not limited to North Star Reel Trailers (Canada) Inc., True North HDD Brokers (USA) Inc. and North Star Reel Trailers (USA) Inc. regardless of signatures being provided. Payment of any invoice and/or the acceptance of any goods is considered acceptance of any and all terms and conditions of sales.
1.Purchaser acknowledges that possession of sale cannot, and will not, take place until payment is received in full. If payment is not received within a reasonable time period, True North HDD Brokers Inc. retains the right to cancel the sale. Deposits received to hold the equipment in Purchasers name will not be refunded.
2.The property is sold exclusively “as-is, where-is.” There is no warranty, nor guarantee, expressed or implied in regards to the purchased item(s). This includes, but is not limited to, the fitness for a particular purpose; the design or condition (including latent defects); that the item(s) satisfies any requirements of laws, regulations, contracts, specifications; patent, copyright, trademark, and similar infringement. Further, all listing purchases are final sale and no returns nor refunds will be accepted and issues. For all whole goods, such as drill rod, parts, tooling, and similarly non-listed items, a Return Authorization must be obtained from True North HDD Brokers Inc. Head Office. Any returns without full authorization will not be accepted and will not be refunded. All Sales are Considered Final Sale.
3.True North HDD Brokers Inc. does not touch or repair any strike alert (ESID)/remote lockout system on any machine and does not guarantee that any such strike alert (ESID)/remote lockout system is in working condition.
4.Purchaser agrees that seller/seller’s agent is not responsible, nor will be held responsible for any license fees and taxes including, but not limited to: federal, state, municipal, local, personal property, customs, use, and sales. Additionally, the seller, or seller’s agents will not be held responsible for any liabilities, obligations, losses, damages, penalties, claims, actions, or suits resulting from/incurred by/asserted as a consequence of the sale, ownership, possession, operation, and use of the item(s) sold.
5.Purchaser exempts True North HDD Brokers Inc. including any and all employees of True North HDD Brokers Inc., from any responsibilities, guarantees, warranties, or the like once sale is completed. True North HDD Brokers Inc. including employees, will not and cannot be held responsible for any fees, charges, litigation, damages, or similar instances, once purchaser takes possession of item(s).
6.Any goods supplied or delivered outside of USA Markets, by True North HDD Brokers Inc., are subject to pay “change on rate of exchange” on final cash price prior to goods being paid for in full. Should goods be pre-paid, this condition will not apply.
7.Purchaser acknowledges and understands that once item(s) leave the property of True North HDD Brokers Inc., True North HDD Brokers Inc. is not responsible, nor will be held responsible for any of the transportation costs including but not limited to freight, shipping, insurance, customs clearances, and duty fees. The Purchaser will be held solely responsible for any and all costs incurred in association with the transportation/delivery of the product(s) purchased.
8.Purchaser acknowledges that for the purpose of any consignment sales True North HDD Brokers Inc. is acting solely as an agent for the Seller who is secured part of finance lessor in possession of the property. Furthermore, True North HDD Brokers Inc. is released from any inaccurate representations of the equipment being sold to the Purchaser. Information provided by True North HDD Brokers Inc. is based upon the information provided by the Seller. While True North HDD Brokers Inc. will make every effort to ensure that any and all information is current and correct, there is no guarantee that the information provided is without errors, inaccuracies, or omissions. For this reason True North HDD Brokers Inc. cannot be held accountable to any persons or entity with respect to any loss or damage cause, or alleged to be caused, directly or indirectly, by any information provided to Purchaser.
9.Purchaser understands that it is their sole responsibility to have any inspections done on equipment prior to purchase, either by an authorized representative on the Purchaser’s behalf or by any Third Party. True North HDD Brokers Inc. will not prevent, in any way, shape, or form, a Third Party inspection of equipment being sold, whether owned by True North HDD or on consignment with True North HDD. Any costs associated with said inspection are to be paid by purchaser. Should Purchaser decline to arrange for an inspection of the equipment, Purchaser releases True North HDD Brokers Inc. of any and all perceived responsibilities should there be any faults with the equipment purchased. Purchaser will not be reimbursed for any monetary expense due to equipment faults.
Purchaser must initial whichever decision they have made regarding inspections.
Purchaser has declined Third Party Inspection and fully releases True North HDD Brokers Inc. from any and all responsibility related to condition of equipment.
OR
Purchaser has obtained Third Party Inspection and fully releases True North HDD Brokers Inc. from any and all responsibility related to condition of equipment.
10.Any custom ordered or non-stock parts and tooling are final sale. No returns will be accepted. No refunds will be issued. These products can be identified with the part number NIPCST or by the word “custom” being included in the description.
11.All invoices are due upon receipt unless otherwise stated. All invoices will be considered correct by both parties unless True North HDD is notified, in writing, with 7 calendar days of invoice date. All invoices will be considered past due if payment is not received within 21 calendar days. All past due invoices will be subject to 2% interest, per month, and customer account will be put on hold. All past due charges must be paid in order to have account re-instated.
12.Credit terms will be automatically suspended upon receipt of an NSF payment. Terms will be re-instated once payment on account is paid in full, including any NSF charges or interest charges incurred.
13.Any faults with electronics, including but not limited to locators, displays, and transmitters, must be reported within 72 hours, in writing. True North HDD Brokers Inc. cannot and will not be held liable for any locating electronics, sondes/beacons, or any electronic equipment of the nature, failures. It is the sole responsibility of the purchaser to fully test all electronic functions within 72 hours of receiving the equipment. Failure to do so exempts True North HDD from any and all responsibility and complaints submitted after the allotted time may not be addressed at all.
14.It is the customer’s responsibility to arrange for unloading of equipment at delivery location. Customer will need to have equipment to unload a semi or find a suitable loading dock or arrange for a tilt-deck tow truck. True North HDD will not make offloading arrangements and any carrier charges for extra wait time will be billed to the customer.
15.Any invoices issued by True North HDD Brokers Inc. related to mechanical repair and labour must be paid in full prior to equipment being released for pickup by customer. Any and all special order parts, must be paid for in full and will not be accepted for return, regardless of their part number. This applies to all customers, including those with a Net/Credit account. Net 30 or otherwise customers are not exempt from this.
16.Any and all equipment is subject to availability at time or quote and time of invoicing. As True North HDD Brokers Inc acts as a broker, the consignor of any and all equipment reserves the right to decline completing a sale at any time. True North HDD cannot and will not be held responsible should a consignor decide to decline the sale of any equipment. While True North HDD Brokers Inc makes every effort to ensure equipment is available and remains available throughout the sales process, all equipment is subject to availability and final decision by consignor/seller.
17.Any and all used/new locating electronic purchases/sales are subject to additional terms and conditions.
18.Any and all sales terms and conditions are subject to change without notice.
19.All prices are subject to changes without notice.
20.No returns will be accepted nor processed without full authorization and approval from True North HDD Brokers Inc. Head Office. No refunds nor exchanges will be provided without proper authorization.
21.Governing Law, Jurisdiction, and Venue. This Agreement and all related documents, the construction of the terms and conditions of this Agreement, the interpretation of the rights and duties of the parties to this Agreement, and all matters arising out of or relating in any way to this Agreement, whether sounding in contract, tort, or statute, shall be solely and exclusively governed by and construed in accordance with the laws of the Province of Manitoba without regard to choice of law principles and without giving effect to any conflict of laws and provisions to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the Province of Manitoba. The parties hereby unconditionally and irrevocably submit and consent to exclusive jurisdiction and venue in federal and provincial courts sitting in Winnipeg, Manitoba and they waive any defense of inconvenient forum or forum non conveniens to the maintenance of any action or proceeding filed in Winnipeg, Manitoba. The parties understand, acknowledge and agree that this governing law, jurisdiction, and venue provision shall govern any and all disputes arising between the parties regardless of: (1) the place or location of execution of this Agreement, (2) the parties’ residences or principal places of business, and (3) the origin and/or delivery point of any equipment or good(s) which may be the subject of this Agreement. The parties also stipulate that Winnipeg, Manitoba is a reasonably convenient place for the trial of any action involving claims arising out of this Agreement and this Agreement is fair and reasonable in all respects. The parties freely and voluntarily agree to this provision without relying upon any representation, without acting under duress, and without any abuse of economic power, and they agree that this provision is not unconscionable.