Terms of Sale

by Leadermac USA or Cantek America Inc. (the "Vendor")

These Terms and Conditions are to be read together with the applicable invoice and Limited Warranty

The following terms  and conditions  govern the sale by the Vendor to the BUYER named in an invoice  issued by the Vendor, of the items  listed in the invoice  (the "Products").  By accepting delivery of any of the Products, the Buyer agrees to be bound by and accepts these terms and conditions  and the  applicable  terms  and conditions  in the  Vendor's  Limited  Warranty.  If you have not obtained the Limited Warranty you may obtain a copy from the Vendor's  web site, or by calling the Vendor.

  1. No Alteration- These terms and conditions may not be altered, supplemented  or amended by  the  use  of  a  Buyer  purchase  order  or  other  document,  and  may  only  be  altered, supplemented or amended by written agreement  signed by the Vendor and the Buyer. The Vendor may change these terms and conditions  as they relate to future sales or deliveries at any time without prior notice.
  2. Governing   Law  -  These  terms   and  conditions   will  be  governed   by  the  law  of  the province/state named in the Vendor's address on the invoice.
  3. Credit Terms -Credit terms and payment terms are as set out on the invoice, or if no terms are  set out on the  invoice  payment  in full must  be received  by the Vendor  prior to the Vendor's acceptance  of an order. Orders are not binding on the Vendor until accepted  by the Vendor. The Buyer agrees to pay interest on all amounts  past due at a rate of 2% per month  (26.82%per  year).    The  Products  remain  the  property  of  the  Vendor  until  the purchase price is paid in full.
  4. Other Charges  - The Buyer will pay separate  charges  for freight,  brokerage,  duties  and taxes, where applicable, as shown on the invoice.
  5. Limited Warranty- The Vendor's Limited Warranty is the Vendor's only warranty obligation.The terms, conditions,  limitations  and provisions of the Limited Warranty  form part of, and are agreed by the Buyer to apply to, these terms and conditions.
  6. Buyer's  Exclusive  Remedies  -  If there  are  defect(s)  in the  Products,  Buyer's  exclusive remedy  is to have  the Products  repaired  or modified  only by the Vendor at the Vendor's sole  discretion.   If  the  Vendor  determines  that  the   Products  cannot  be  economically repaired, then, and only then, can the Products be returned by Buyer with a Return Goods Authorization  number as provided by the Vendor, freight costs prepaid, and the Vendor will refund the purchase price. No claim for defects in the Products shall be valid unless made and received by the Vendor in writing within sixty days after receipt of shipment by Buyer. In no event shall the Vendor be liable for any damages except for the refund of the purchase price of the Products returned within the time permitted by these terms and conditions.
  7. Cancellation  Charge  - It is understood  and agreed  by Buyer that upon acceptance  of the Buyer's order, the Vendor will request the manufacture of the Products and will incur other costs in that course and as a result of scheduling production  of the order, all of which are not readily identifiable  or subject to precise ascertainment.  It is therefore agreed by Buyer that  if  Buyer  cancels  this  order  prior  to  the  commencement  of  its  production  but  after preliminary  specifications  have  been scheduled,  a 20 percent  cancellation  charge  will be payable to the Vendor by Buyer and may be withheld from Buyer's down payment, if any. If at any  time  thereafter  Buyer  refuses  to complete  the  purchase  herein  provided  for, the Vendor may assess in addition to the 20 percent cancellation  charge, the material, labour and  overhead  cost  applicable  to the  order,  plus  a commercially  reasonable  mark-up  on these items, plus loss of profits, all of which Buyer agrees to pay.
  8. Causes  Beyond the Vendor's Control - The Vendor shall not be liable for failure to perform under these terms and conditions if such failure shall be due to fire or material shortages, or to strikes, lockouts, public enemy, Acts of God, or causes beyond the Vendor's control, or if in our  opinion  there  is a material change  in the terms  of acquiring  the  goods  from  our supplier.
  9. Shipment - If the method of shipment  is not specified by Buyer, the Vendor shall select the carrier.   The Vendor  shall  not be liable  for the  carrier the  Vendor  selects  or  method  of shipment.    If Buyer for any reason  requests  a partial  shipment  or manner  of carriage  or delivery  resulting  in a higher freight  rate than would have  been applicable  had the order been shipped complete or in another way, any extra cost shall be payable by Buyer.
  10. Loss or Damage in Shipment- The Vendor's responsibility for delivery ends upon release of the Products to the carrier and the risk of loss as to the Products passes to Buyer upon the Vendor's tender  of the Products to the carrier.   Should  a shortage  occur  or the Products arrives in damaged condition DO NOT SIGN A RECEIVING SLIP WITHOUT NOTING SHORTAGES  OR DAMAGE ON IT.   Buyer must proceed to place a claim with the carrier promptly.   THE  VENDOR  IS  NOT  LIABLE  FOR  ANY  CARGO  SHORTAGE, CARGO DAMAGE OR DELAY IN DELIVERY.
  11. Integration  - Unless  the Vendor requires  a Personal Guarantee,  the invoice, these terms and  conditions  and the  Limited  Warranty  embody  the  entire understanding  between  the parties   and   it   is   agreed   that   there   are   no   other   arrangements,    agreements   or understandings,  oral or written.   If a Personal Guarantee is required  by the Vendor, and a Personal  Guarantee  is signed  by a Guarantor  of or for Buyer, the Personal  Guarantee  is made a part of these terms and conditions.
  12. Severability  - If any term, provision,  covenant or condition  of these terms and conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of  the  provision  shall  remain  in  full  force  and  effect  and  shall  in  no  way  be  affected, impaired or invalidated.
  13. Non-Waiver - Waiver of any default or breach of these terms and conditions or of any representation or obligation contained herein shall not be construed as a waiver of any subsequent  breach.
  14. Time of the Essence - Time is of the essence for each and every provision of these terms and conditions.
  15. Limitation - The Vendor does  not  accept  liability beyond the  remedies set  forth in these  terms  and conditions.  The Vendor  will not  be responsible for lost profits, loss of  business or  other loss or  damage relating in any  way  to  products or  services, whether direct or consequential, special, indirect or punitive, even  if advised of  the possibility of  such losses or  damages, or  for  any  claim by  any  third  party.   The foregoing limitations apply regardless of the  causes or circumstances giving rise  to the  loss, damage or  liability, even  if such  loss, or  damage or  liability is  based on negligence or  other torts or  breach of  contract including, without limitation, fundamental breach or breach of a fundamental term.

These Terms and Conditions of Sale and the Limited Warranty are available in either English or French, both on our website and on request.

Ces termes et conditions de vente et Ia garantie limitee sont  disponible soit  en anglais ou fran ais, les deux  sur notre  site web et sur demande.