Terms & Conditions
TERMS AND CONDITIONS
1. By ordering any Products (as defined below), Purchaser agrees to be bound by these terms and conditions. These terms and conditions are subject to change at any time and from time to time by Covermaster Inc. (“Covermaster”) at its sole discretion and without notice to Purchaser, provided that the version of these terms and conditions in effect at the time of order of any Product shall govern. Any such amended terms and conditions shall be posted on this website and shall be effective immediately.
2. Prices and product design are subject to change at any time without notice. Unless otherwise specified, product is shipped F.O.B. origin, freight pre-paid.
3. Unless otherwise specified, Covermaster requires payment in full prior to commencement of any work on behalf of or delivery of any product to Purchaser. Should alternate payment terms be agreed upon between Covermaster and Purchaser, as provided herein, then, subject to credit approval, terms are net 30 days from the invoice date. Payment is not subject to approvals, construction or other holdbacks, or third party payments. A 1.5 % per month (19.6% per annum) late payment fee will be added to any unpaid balance beyond 30 days. This is in addition to any other legal rights and remedies which may be available to Covermaster.
4. Applicable taxes are not included in quoted prices. Should any tax, or other charge become applicable, such charges are the sole responsibility of the Purchaser. In the event that Covermaster is required to pay any such charge, Covermaster shall invoice Purchaser for same and Purchaser shall pay such invoice forthwith.
5. Covermaster is not liable for loss of, damage or delay to any merchandise resulting from or related in any way to carriage by any freight carrier (“Carrier”). All shipments must be inspected immediately for quantity and damage. Any such claims for loss, damage, shortage or delay must be made by Purchaser directly to the Carrier.
6. As the products provided by Covermaster (“Products”) are custom in nature, Product(s) may not be returned for any reason.
7. A cancellation fee may be charged when an order is cancelled for any reason.
8. Warranties, if any, applicable to Product(s) are those printed and published by Covermaster and in effect at the date of shipment of the relevant Product (“Limited Warranty”). Subject to any such Limited Warranty, Covermaster disclaims any and all warranties, representations and conditions of any kind with respect to any Product supplied to and/or work performed on behalf of Purchaser, including, without limitation, any warranty by model or sample, and any implied warranties and conditions of merchantability or fitness for a particular purpose. In no event shall Covermaster be liable for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, loss of profits, loss of use, personal injury or other liabilities), whether or not Covermaster is advised of the possibility of such damages, resulting from use of, or inability to make use of, any Product. In any event, Covermaster’s maximum liability with respect to any claim arising in connection with the Products or Purchaser’s purchase or use thereof will not exceed the purchase price of the Product which is the subject of the claim. No claim may be brought by Purchaser with respect to any Product after one (1) year following the date of shipment of the applicable Product.
9. Any applicable Limited Warranty is provided against defects in workmanship and materials only. Any such Limited Warranty is provided only to Purchaser, and applies only when the Product(s) is/are used exclusively for commercial purposes. Any Limited Warranty applies only to Product(s) manufactured by Covermaster and does not extend to transportation, installation or replacement charges incurred by the Purchaser. Any Limited Warranty does not apply to damages to Product(s) occurring after delivery of same to Purchaser.
10. Covermaster shall have the right to inspect any Product(s) prior to performance under any Limited Warranty. At its sole option, pursuant to the Limited Warranty, Covermaster may provide replacement parts, repair or furnish replacement products for any Product determined by Covermaster in its sole discretion to be defective, provided that Purchaser, upon receipt of authorization to do so by an officer of Covermaster, returns such Product to Covermaster, freight prepaid. No modification of any Limited Warranty shall be effective save as otherwise provided herein.
11. Purchaser hereby agrees to indemnify and hold Covermaster harmless from any claims or damages arising out of the use of any Product(s) by any third party. This provision includes, but is not limited to, Purchaser’s agreement that it will, in the event that such a claim is made, and only at Covermaster’s express request, stand in the place of Covermaster in investigating, responding to and defending against the claim and will pay all damages, costs and attorney’s fees associated therewith.
12. Purchaser’s order is accepted by Covermaster on and subject to the terms and conditions stated herein. Any additional or differing terms or conditions contained in the Purchaser’s order or confirmation are not and will not be accepted by Covermaster. These terms and conditions constitute the final written expression of all of the terms of this transaction, and form a complete and exclusive statement of those terms. Except as otherwise provided herein, any and all representations, promises, warranties or statements made or given to Purchaser that differ in any way from these terms and conditions shall be of no force or effect.
13. Purchaser agrees that it shall not duplicate, download, publish, modify or otherwise distribute the material on this website for any purpose other than to purchase Products hereunder. Purchaser agrees not to deep-link to the website for any purpose. The software and content of the website is the property of Covermaster and/or its suppliers and is protected by U.S., Canadian and international copyright laws. Purchaser further agrees that it will not use any robot, spider, other automatic device, or manual process to monitor or copy Covermaster’s web pages or the content contained thereon or for any other unauthorized purpose without Covermaster’s prior expressed written permission. Purchaser agrees that it will not use any device, software or routine that interferes with the proper working of the website nor shall it attempt to interfere with the proper working of the website. Purchaser agrees that it will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the website without the prior expressed written permission of Covermaster.
14. COVERMASTER DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. COVERMASTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COVERMASTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.