Terms and Conditions
1. Terms of payment
All orders are subject to credit approval. New accounts will be required to prepay their first order. All other orders are NET 30 days upon delivery date. TRAFIC reserves the right to claim a monetary deposit on any purchase order. No monetary holdback will be accepted. For specific equipment orders (e.g., truck mount attenuator), final payment will be required prior to shipping and a monetary deposit may be requested with the purchase order. TRAFIC reserves the right to decline any request for opening an account. The opening of a new account does not tie TRAFIC to the obligation to sell any merchandise or provide any service to the customer. At any time, TRAFIC can cease to provide a service or to sell merchandise even if said service or merchandise has been ordered, and thus, without prior notice.
2. Administration fees
Administration fees of 18%, calculated monthly, will be applied to any past due invoice from the due date to the full payment of the owed capital and interest. A $25 fee will be charged for any NSF or cancelled cheque.
3. Credit information
Customer authorizes TRAFIC to carry out a credit inquiry on their behalf and therefore authorizes any third party to communicate such information verbally or in writing to TRAFIC. This authorization is granted from the date of the request for opening an account and remains in effect until the business relationship between the customer and TRAFIC is terminated.
4. Pricing and quotation
Quotes shall be considered firm for sixty (60) days. F.O.B. TRAFIC. All applicable taxes are included, unless specified.
5. Order processing
An order is considered in process once all required information has been received by TRAFIC: address of delivery and contact information for the person responsible for receiving the merchandise.
6. Modification / Cancellation / Hold of an order
Any changes to an order must be confirmed in writing (fax or email). A new quote will then be submitted for approval and a new order will be issued. Any hold request for an order already in process must be submitted in writing. Customer will be charged for the costs that may have been incurred at that point and said charges will be bound to the present terms and conditions. Cancellation of an order shall be subject to review of costs that may have been incurred and said costs shall be invoiced to the customer with an additional 20% administration fee.
7. Storage fees
All delivery hold requested by the customer due to installation schedule delays, site not ready, etc. shall be invoiced five (5) days after completion of the order. Storage fees of 24% per year, calculated monthly, will be applied on all merchandise waiting to be delivered for every delivery hold issued by the customer.
When delivery fees are paid by TRAFIC, the customer must ensure that all merchandise be unloaded at delivery point within 30 minutes. Any additional delays at loading dock shall be billed to the customer at a rate of $50 per half-hour.
9. Blanket orders
Blanket orders placed for disposition by releases shall only be valid for six (6) months following the date of order. All outstanding stock will be charged at the end of this term and shipped to the customer’s storage location if provided or stocking charges will apply.
10. Return of merchandise
Any merchandise returned for credit must be shipped prepaid. Credit will only be issued if the return has been pre-authorized by a TRAFIC representative prior to shipping and the request has been made within ten (10) days from the delivery date. Unauthorized returns and collect shipment will be refused. The invoice number must be included on all return requests. If applicable, outgoing transport expenses, cancellation charges and restocking charges will be deducted from credit.
All goods and products sold remain the property of TRAFIC until full payment of the invoice.
All products are carefully inspected before shipment and are covered by a one-year (1) warranty against material and workmanship defects. Electronic components made by TRAFIC are covered by a two-year (2) warranty against any material or workmanship. Any products proven defective in material and workmanship will be repaired or replaced by TRAFIC, provided that such claim is made within one (1) year from the date of shipment. Any modification made to the product without TRAFIC’s written authorization will automatically void the warranty. No other warranty expressed or implied exists beyond that included in the above, unless otherwise specified. Take note that the warranty does not cover transport, delivery and/or incidental costs incurred in the fulfillment of this warranty.
13. Legal jurisdiction
Any legal actions that may be taken by TRAFIC against the customer or vice versa shall be brought before a court of justice located in the district of Laval to be judged under their jurisdiction.
Any privilege granted by the herein terms and conditions to the customer will become void and payment will be due immediately, should :
a) customer fail to pay any sum due to TRAFIC within the granted delay;
b) their assets be ceased in part or totally by one of their creditors;
c) they become insolvent;
d) they notice their creditors of their intention to deposit a petition of bankruptcy;
e) they declare bankruptcy;
f) they be subject to a receiving order;
g) their creditors deposit or submit their intention to deposit a receiving order;
h) TRAFIC need to intent legal procedures against them.
15. Penal clause
Should any unpaid account receivable be transferred to its advocate for collection, TRAFIC reserves the right to claim an amount equivalent to 50% of any amount due by the customer as liquidated damages and interests, without delay or notice. This amount is to be claimed under reserve of any other rights TRAFIC may have, such as the right to demand compensation for unpaid amounts and sold-but-not-delivered merchandise, or to take back shipped merchandise.
The present terms and conditions should be considered as an integral part of all quotes submitted by TRAFIC. Any purchase order or written approval of the submitted quote issued by the customer will be considered as a confirmation of agreement of the present terms and conditions.