Terms & conditions

SALES CONDITIONS

The following conditions shall apply to the sales of the goods referred to on the opposite side of the present document. The sale is deemed to be completed as of the date of the invoice indicated on the opposite side of the present between Simport® Scientific Inc. as the “seller” and the person mentioned in the opposite side of the present document as the “purchaser”.

Credit Terms

For customers with approved credit, terms of sale are net invoice date due in 30 days. Delinquent accounts, are subject to a 1.5% monthly interest fee (18% annually), on outstanding balances.

Shipment Incoterms

All orders placed with Simport® Scientific Inc. are shipped F.C.A., Sellers shipping premises.

Pricing

Pricing is established on the current year price list. Pricing is deemed as accepted and valid upon reception of the price list to a member of the organization. The purchaser agrees to pay the purchase price for the goods as well as all related taxes and fees, including taxes and fees related to the shipment, the export, the import (including any custom fees and excise taxes) of the goods and all applicable sale taxes and the purchaser acknowledges that these fees and taxes may be added to the invoice value.

Minimum Orders

There is a minimum order value of 100$ for all orders placed in the United States or Canada. The minimum order value for all other countries is 500$. Orders placed which do not have this minimum value will be charged a 15$ administration fee.

Ordering and technical information

All orders must be sent via fax or e-mail. Please fax your orders to (450) 464-3394 or order by e-mail at [email protected]. Technical information can be requested by contacting Customer Services or by e-mailing at [email protected].

Transfer of Risk and Ownership

In all cases, the transfer of the risks and liabilities associated with the goods shall be transferred from the seller to the purchaser when the goods leave the seller's business premises. The ownership of the goods shall be transferred to the purchaser only upon complete payment of the sums owed to the seller with respect to such goods. Unless otherwise provided, the purchaser shall assume all responsibilities related to the transport of the goods from the seller's business premises and he shall obtain proper insurance coverage in that respect.

Order Cancellation

The purchaser may not cancel or delay the shipment of an order, unless the seller agrees to such cancellation or delay and provides written consent. Should consent be given and the sale of goods be cancelled the purchaser shall pay a cancellation fee of an amount representing 25% of the order value.

Delays

The seller shall not be responsible for any delay incurred for the shipment of the goods that may be caused by a situation reasonably beyond the control of the seller, including any events of force majeure.

Custom-Made products, Branded item & Special orders

Any and all orders for goods which are specially manufactured, labelled specifically or custom made to meet the purchaser's particular needs or high volume requirements cannot be cancelled; the seller reserves the right to charge storage fees for delayed shipments for any reasons attributable to the purchaser.

Product Availability

Simport® Scientific Inc. maintains inventory levels on historical demand and sales forecast information. Any customized or low-volume products are considered built to stock. We reserve the right to refuse orders for customised or low-volume items and/or request a minimum quantity. The pricing of these items can differ from the pricing found on the annual price list and can be changed at any time without notification.

Returns

Product returns are accepted only by prior authorization. Unauthorized returns or products not labelled with a valid R.G.A. (Return Goods Authorization) number will be sent back to the sender. Please contact Simport® Scientific Inc. Customer Services for forwarding instructions. Requests for return and credit must be made within 15 days of the receipt of goods. Please provide product description, invoice and/or purchase order number, lot number (in the case of product defect) and reason for return when making your request. A 25% restocking fee may apply to returns and will be deducted from the resulting credit note. A 40% restocking fee may apply to returns for excess of inventory. The purchaser shall also assume all fees and taxes related to the goods being returned.

No credit will be issued, no reimbursement will be granted and no product return will be accepted for the following products: sterile products; those not returned in their original packaging or which have been repackaged or reconstituted; those that have been damaged in a warehouse, stored in an inadequate manner or in poor conditions, including products that have been exposed to smoke, sunlight, fire, water, humidity or extreme temperatures; those with lots that have already been granted a return by the same purchaser; products and product packaging damaged due to improper handling by the client or which have been tampered with in any way while not in the possession of Simport® Scientific Inc.  Any affected lot that is subject to a product return must be dealt with during the initial incident for each purchaser.It is the purchaser’s responsibility to manage their product distribution.

Freight and Freight Claims

Unless otherwise provided, the purchaser shall assume all responsibilities related to the transport of the goods from the seller's business premises and he shall obtain proper insurance coverage in that respect. Shipments always leave our warehouse in good condition. If a carton is received in poor condition, it should be refused or be noted on the Bill of Lading at the time of the delivery. Missing cartons (short-shipments) must also be noted on receipt of the order on the Bill of Lading. It is the purchaser’s responsibility to file any freight claims with the carrier usually within 10 days of the delivery, and to collect from the carrier any money owed.

Disclaimer

• No warranty is given that the goods are suitable for any particular or special purposes or for use in connection with any equipment unless expressly given in writing by the Seller.
• Notwithstanding any contrary provisions or declarations made orally or in writing, the seller shall not assume any liabilities of any nature in connection with any claims of the purchaser with respect to any kind of damages whatsoever, including loss of profits or loss of revenues, in connection with the sales or the use of the goods, except as provided herein. In any case, the seller’s entire liability under any provision shall be limited to the amount actually paid by the purchaser for such goods
• The seller warrants, in favour of the original purchaser, that the goods shall be free from defects in workmanship and materials (except if such a defect has been caused by misuse, abuse, abnormal operation conditions, by accident, by an event of force majeure, by service or by modification or alteration of the good a without seller's prior authorization) for a period of one (1) year following the invoice date. The seller's sole obligations under this warranty shall be, at the seller's option, to replace the defective goods or to refund to the purchaser the sums paid for such goods. The seller does not give any other guarantee, either expressed or implied, with respect to the goods. To the extent permitted by the law, the purchaser renounces to any guarantee of any kind whatsoever. To require service under the warranty, the purchaser shall contact the seller's Customer Services in order to obtain a return authorization for a sample of the goods as well as a return goods authorization number (R.G.A.) Any such goods sample returned to the seller shall be pre-authorized as evidenced by a R.G.A. number marked on the outside of the package containing the returned sample. Any shipment sent without R.G.A. shall not be accepted by the seller. The costs related to such sample shipment shall be prepaid by the purchaser. If the defect is confirmed following a sample examination performed by the seller, the latter may authorize the purchaser to return all the defective goods to the seller, at the seller's expenses.
• Any modification or alteration of any kind to the original state and specifications of the product as it was delivered to the purchaser shall render the warranty null and void; under no circumstances shall the seller be held liable for any kind of damages whatsoever, including loss of profit and revenues.
• No modification of the terms and conditions of the present document shall be applicable except if made in writing and signed by authorized representatives of the seller and the purchaser.
• The present document supersedes any other agreement, either implied or made either verbally or in writing in connection with the present sale.
• The present sale shall be governed by and shall be construed in accordance with the Civil Code of Québec (Canada). The parties agree to submit to the jurisdiction of the courts of the Province of Quebec, district of Longueuil. The Incoterms 2020 regulations of the International Board of Trade shall also apply to the sale, to the extent that a shipment option relating to these regulations is indicated on the opposite side of the present document.