Royal Potato Ovens – Terms and Conditions of Sale
Royal Potato Ovens is a trading name of RPO Resourcing Incorporated.
The property of the goods shall remain with RPO Resourcing Incorporated until such time as all outstanding balances are paid in full.
lf payment of the total price or other sums is not paid by the due date RPO Resourcing Incorporated shall have the right with or without prior notice at any time, to retake possession of the whole or any part of the products and for that purpose to go upon any premises occupied by the Buyer thereof without prejudice to any other remedy of Royal Potato Ovens Incorporated.
Our policy is one of continuous improvement and we reserve the right to change specifications without notice.
Prices shown on our current price list will be enforced at the time of receipt of order and are subject to HST at the current rate unless otherwise stated by Royal Potato Ovens Incorporated.
No goods are supplied on a ‘Sale or Return’ basis. Once received, deposits and other payments are non-refundable. It is the responsibility of the Buyer to pay the outstanding balance prior to despatch of the goods. The full balance must be either cleared before goods will be dispatched to the Buyer or, in the circumstances where a payment plan has been established, full payment must be made in accordance with the payment schedule included with the associated RPO Resourcing Incorporated invoice.
Failure to complete outstanding payments on time will result in late payment penalties which the Buyer agrees to pay.
Under the circumstances where the outstanding balance has not been cleared within 30 calendar days of the payment schedule date, RPO Resourcing Incorporated will cancel the order and retain any deposit and/or other payments made to clear administration and manufacturing expenses.
RPO Resourcing Incorporated are not a manufacturer of goods. Any arrangement for delivery of goods will typically be arranged either by Buyer or by the manufacturer. RPO Resourcing Incorporated are not liable for any damages, consequential loss, special damages or other indirect loss as a result of delivery of goods sold through RPO Resourcing Incorporated unless RPO Resourcing Incorporated has arranged and paid for delivery services directly with the delivery company.
Under the circumstances where RPO Resourcing Incorporated has arranged and paid for delivery services directly with the delivery company delivery times quoted are approximate, goods are dispatched subject to carriers limitations.
Under the circumstances where RPO Resourcing Incorporated has arranged and paid for delivery services directly with the delivery company a carrier will deliver to Buyer site but not to locations within site (such as upper floors or areas requiring special access). On delivery it is the responsibility of the Buyer to remove and properly dispose of packaging used to transport the goods. This disposal is at the cost of the Buyer.
Under the circumstances where RPO Resourcing Incorporated has arranged and paid for delivery services directly with the delivery company any shortages or damages must be reported to RPO Resourcing Incorporated within 48 hours of receipt of goods or a claim cannot be established. RPO Resourcing Incorporated will not accept liability for any damages caused as a result of carrier mishandling.
Under no circumstances is RPO Resourcing Incorporated liable for any consequential loss, special damages or other indirect loss.
The mechanical parts of the goods are warranted to be free from any defects in material and workmanship for a period of one (1) year from the date of delivery under normal use and service. This warranty shall not apply to any damage resulting from accident, modification, alteration, misuse or abuse of the goods, not shall this warranty apply to depreciation or deterioration of material or parts due to normal wear and tear, or to any damage resulting from failure to follow RPO Resourcing Incorporated instructions for the use of the goods or maintenance of the materials and parts. This warranty does not apply to bulbs and fuses. This warranty shall be void if Buyer defaults in any substantial payment or fails to perform any service required by Royal Potato Ovens Incorporated.
Any goods either purchased or received by Buyer, that are sold as either used or ex-demonstration goods are exempt from any warranty whether oral or written, express, implied or statutory including warranties of fitness for a particular purpose or merchantability.
NO OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE GIVEN AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
The exclusive remedy for breach of the aforesaid warranty or for any other defect or nonconformity of the goods sold hereby is replacement parts only. Buyer shall notify RPO Resourcing Incorporated in writing of any issues with the goods. RPO Resourcing Incorporated shall have the option to attend at the premises of Buyer to investigate the issue and if RPO Resourcing Incorporated determines that any part or parts are defective under normal use and service within the applicable one year period, Seller shall promptly supply replacement parts. Buyer is responsible for retaining the services of a qualified food service equipment engineer to complete any and all repairs, refurbishments and/or replacements required. Seller will not be held liable for any 3rd party costs incurred to Buyer as a result of repairs or otherwise either during or after the warranty period. All replacements shall be furnished to Buyer according to the original terms of shipment specified herein. The cost of parts for repair and replacement shall be the responsibility of RPO Resourcing Incorporated for the period of the warranty. If it is determined by Royal Potato Ovens Incorporated, at its sole discretion, that the goods are not faulty or in need of repair, and then Buyer shall be charged a standard call-out charge. Buyer waives any and all representations, conditions or warranties expressed or implied by the Sale of Goods Act of any Province of Canada.
RPO Resourcing Incorporated shall not be liable for any incidental or consequential damages occurring, including, without limitation, any loss or damage to any person, machine or goods, interruption of production, loss of profits, delays of any kind, administrative expenses, or overhead resulting, directly or indirectly, from the use or loss or use of the goods.
The Buyer hereby indemnifies, and agrees to hold harmless, Royal Potato Ovens Incorporated, its employees, directors, agents or assigns, from and against any and all claims of the Buyer and of third parties, losses, costs, demands, fines, suits, judgments, damages, liabilities, and expenses incurred in connection therewith (including legal fees), however caused, resulting directly or indirectly from or pertaining to any act or omission of the Buyer arising out of these terms and conditions or the conduct or operation by the Buyer, or by a party for whom the Buyer is responsible, of the goods, or otherwise.
RPO Resourcing Incorporated account terms require payment with order; for established accounts with credit terms RPO Resourcing Incorporated require payment prior to the expiry of 30 days from the invoice date. After this date the invoice becomes overdue and will be subject to collection proceedings.
RPO Resourcing Incorporated withholds the right to charge debtors any costs or interest incurred whether by agent or solicitor in recovering an overdue account. This includes Court costs, legal fees and RPO Resourcing Incorporated administration charges.
Should any of the conditions herein be in conflict with those of the Buyer, these conditions shall prevail. These conditions and any contract entered into shall be subject to and construed in accordance with Canadian Law.
In the event there are any discrepancies between the terms and conditions contained herein, and any other document received from RPO Resourcing Incorporated or Royal Potato Ovens Incorporated’s website, the terms and conditions shall take precedence. These terms and conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein and each of the Buyer and RPO Resourcing Incorporated hereby submits to the non-exclusive jurisdiction of the Province of Ontario in connection with the terms and conditions contained herein.
PLACING AN ORDER CONSTITUTES ACCEPTANCE OF THE ABOVE TERMS AND CONDITIONS.