General Terms and Conditions of Sale
1. Definition
The term "Company" shall be deemed to include Millard Towers Limited.
2. Warranty
The Company guarantees all the structural and electrical components of towers, mounts, swivels, and lamps for one (1) year from the date of delivery, and windsock fabrics and junction box components for 60 days from the date of delivery provided:
that components have not been subjected to wind or ice conditions in excess of the specified design loads.
that components are installed and maintained according to the procedures stated in the instruction manual.
The Company will repair or replace all parts which become defective during the guarantee period. This Warranty is limited to the value of the defective part(s). Purchaser-incurred labour costs associated with the repair or replacement procedure are not included. All transportation charges on parts or units submitted for replacement or repair under this Warranty must be borne by the Purchaser.
The Company reserves the right to investigate whether failures have been caused by factors beyond his control. The Company shall in no event be liable for any consequential damages arising from the use of tower equipment.
3. Title
Goods remain the property of the Company until payment is received in full and purchaser acknowledges in full that this is a security agreement and a document to this effect may be registered in accordance to the local and applicable legislation or there shall be a charge for the full purchase price on the goods.
4. Delivery
Unless otherwise expressly agreed in writing, delivery of the product will be made at the Company´s plant or warehouse.
5. Publications, Drawings, Pricing, etc.
All sales literature, technical data, drawings, and other information supplied by the Company are intended for general information only, and are not guaranteed accurate. Only information presented "Certified" shall be deemed to imply accuracy, and only for that specific case for which it is issued. Drawings, manuals, and other technical information supplied by the Company as a part of a sale of product are for the purchaser`s use solely in conjunction with that product, unless specifically agreed to otherwise as a part of the terms of sale.
Millard Towers does not collect any personally identifiable information about you when you visit the website unless you voluntarily provide this information by contacting us via our email form, signing up to receive our newsletter or directly by email. Such information may contain personal data about you including your name, address, phone number, email address, and other contact details. All sales literature, technical data, drawings, pricing, manuals, and other information supplied by the Company shall be kept confidential, except for whatever is expressly allowed by the Company.
6. Returned Material
The Company´s permission must be obtained before returning any material, whereupon the Company will furnish shipping instructions. Any material returned without permission will be held at purchaser´s risk and is liable to non-acceptance. Only standard stocked product may be returned for credit. When permission is granted for return of materials, credit will be allowed for the invoiced price less a restocking charge (minimum 25%) and any associated transportation charges. Any cost incurred in putting the material in saleable condition will be deducted from the allowed credit.
7. Cancelled Orders
Cancelled orders after purchase order has been placed and production has commenced will be subject to a 15% restocking fee. A 25% fee will apply to orders completed and ready to ship.
8. Prices, Taxes, and Payments
Prices quoted do not include taxes. Taxes are extra, if applicable, and must be borne by the purchaser.
Any payments are subject to terms of invoice. The purchaser agrees that should any of the payments not be made to the Company when due, an interest charge of 1.5% per month on such overdue payments shall be levied by the Company and paid by the purchaser.
If shipments of the product, or any material part thereof, are delayed for any cause for which the purchaser is directly or indirectly responsible, the date of completion of the product by the Company shall be regarded as the date of shipment in determining when payments for said product are to be made, and the Company shall be entitled to receive compensation for storage at a rate of 2% of invoice amount per month, which shall be at the purchaser´s risk.
9. Contradiction
In the event of a contradiction between a purchaser´s order and the Company´s subsequent acknowledgement of the purchase order, the acknowledgement shall take precedent.
10. Force Majeure
The Company shall not be responsible for loss, damage, detention, or delay caused by war, invasion, insurrection, riot, the order of any civil or military authority, or by fire, flood, weather, or other acts of the elements, breakdown, lockouts, strikes or labour disputes, the failure of the Company´s supplier to meet their obligations, or without limitation of the foregoing, any other cause beyond the reasonable control of the Company.
11. Governing Law
These General Conditions of Sale shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any and all disputes arising under these General Conditions of Sale, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the Courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the Courts of such Province.