Sales Terms and Conditions

1.  ALL SALES by Northern Engineered Wood Products (2007) INC (hereafter called NEWPRO) are governed by these terms and conditions. This is an offer conditional on buyer accepting all these terms and conditions. Any representations, promises, or statements that are not in this agreement are void. These terms and conditions can only be modified in writing and accepted by both NEWPRO and BUYER.

2. TERMS OF PAYMENT.  Payment is due as set out in the terms of the invoice, unless both NEWPRO and BUYER agree to other terms.

3.  CREDIT TERMS offered by NEWPRO are available only if BUYER complies with all of their obligations under these terms and conditions. If at anytime BUYER is not within their credit terms NEWPRO reserves the right to hold further shipments until credit terms are satisfied.

4.  NO DEDUCTION. BUYER acknowledges and agrees it will not deduct or set off from the price invoiced, the amount of any claim asserted by BUYER against NEWPRO unless such claim has been agreed to, in writing by NEWPRO

5. REMEDIES. BUYER acknowledges and agrees that its remedies shall be limited to replacement by NEWPRO of the goods involved or, at NEWPRO’s option return by NEWPRO to BUYER the purchase price of the goods involved in such breach. Under no circumstances shall NEWPRO be liable to BUYER or any other person for any incidental, consequential, or indirect damages which are suffered by BUYER or any other person whether arising in tort, contract, or otherwise. Any legal action against NEWPRO for breach of these terms of sale, including any warranties, must be instituted within one year after delivery of goods.

6.  LIMITED WARRANTY. BUYER acknowledges and agrees that NEWPRO provides no warranty and assumes no responsibility for goods that have been modified by the BUYER without NEWPRO’s written authorization and specifically excludes any implied warranty of merchantability or fitness for a particular purpose. BUYER must afford NEWPRO a reasonable opportunity to inspect goods in unaltered condition to evaluate claims. The BUYER further acknowledges and agrees NEWPRO shall not be liable for consequential, indirect, or incidental damages, or for any amount in excess of the price of the goods involved, under the foregoing warranty or any other part of this agreement.  

7.  TITLE and RISK. NEWPRO warrants it has and will convey good and marketable title to the goods. Irrespective of any provisions concerning freight or price, title, risk of loss or damage shall pass to the BUYER upon delivery of goods to any carrier, except a motor vehicle operated by NEWPRO.

8.  DELAYS. In the event NEWPRO is unable to produce and/or ship the ordered goods because of any cause out of NEWPRO’s reasonable control, NEWPRO reserves the right to cancel the affected order without any liability to BUYER whatsoever. NEWPRO will not be liable to buyer to supply goods, under no condition will NEWPRO be obligated to purchase from another manufacturer to deliver goods to BUYER.

9.  MATERIAL SAFETY DATA SHEET.  MSDS is available on the NEWPRO website at www.newpro.ca . Click on Certifications and Specifications on the left side of the main page and then go to MSDS.  BUYER will familiarize themselves with all information and precautions disclosed in safety and health information, including but not limited to MSDS.

10.  GOVERNING LAW.  The laws in the province of British Columbia shall govern all transactions subject to these TERMS and CONDITIONS.

Updated 01/09/2012