Terms and Conditions of Sale
Mahkesis Group Inc., ("Mahkesis") makes all sales of products and services ("Products") to Customer ("Customer") subject to the following Terms and Conditions, ("Terms and Conditions"):
1. ACCEPTANCE / PRICING
Mahkesis's acceptance of all orders, however made, is expressly conditioned upon Customers consent, either expressed or implied, to these Terms and Conditions. Mahkesis's sales of Products to Customer are made on an all sales final basis and are purchased at Customer's own risk. Mahkesis will not accept and expressly objects to and rejects, any other terms and conditions (whether written or oral) originating from Customer that purport to modify, add to, or otherwise vary the terms and conditions stated here in. Customer's will have deemed to accept these Terms and Conditions by any of the following: a) placing an order for Products via approved method which includes telephone, online, written acknowledgment or other act or expression of acceptance, b) Customers offer to purchase Products from Mahkesis, c) Customers acceptance of shipment from Mahkesis and d) Customers payment for any Products. Customer expressly agrees Mahkesis will not be bound by any terms and conditions set forth by Customer unless previously agreed to by Mahkesis management in writing.
Pricing for all Products are displayed online and applicable discounts are shown after logging into Customer's account or set by agreed upon pricing arrangements and do not include applicable; duties, taxes, freight, shipping costs and other charges or fees. Such fees may be for special packaging, requested labeling, permits, certificates, customs documents and other special requests. Mahkesis may charge a handling fee for orders where additional packaging or services are required. The minimum charge for additional handling fee(s) is $7.00 CDN Dollars. Quotations generated online or by Mahkesis sale(s) personnel are valid for 30 days unless otherwise specified in writing. Quotations may include shipping estimates and actual shipping charges may vary. In such cases actual shipping charges may be billed. Mahkesis is not responsible for discrepancies / typographical errors: made by Mahkesis, online, or those listed on product specification sheets created by the manufacturers represented. Pricing is subject to change at any time without notice.
2. INVENTORY / BACK ORDERS / SPECIAL ORDERS / ADVANCE ORDERS
If an item is out of stock or on backorder Mahkesis will notify Customer and do its best to provide of an estimated ship date based on the delivery schedule provided by the manufacturer. Mahkesis will do its best to inform of manufacture delays that it is made aware of, but will not be held liable for late delivery, missed shipments, installation delays or dates or other related deadlines out of its control. Mahkesis will fulfill orders and backorders as soon as possible. Customers desiring to purchase Products not normally stocked, or Products not listed on the website may be special ordered. Special orders are non-cancelable and non-refundable. Mahkesis accepts (and in some cases requires) prepaid advance orders to guarantee future stock for specific items.
3. SHIPMENT / TITLE / RISK OF LOSS / TAXES / SHORTAGES
Unless otherwise agreed in writing, delivery will be made in accordance with Mahkesis's shipping policy that is in place on the date of order. Title to the Products shall pass to Customer upon delivery of the Products to a) common carrier or b) Customer's representative at Mahkesis's dock. Mahkesis's delivery of the Products shall be Ex Works (Incoterms 2010) Mahkesis's shipping point unless otherwise indicated in writing, with all risk of loss, damage, theft or destruction passing to Customer at such point, subject to Mahkesis's rights under applicable law. No such loss, damage, theft or destruction to the Products, in whole or in part, shall impair the obligations of Customer under this agreement, all of which shall continue in full force and effect. Mahkesis shall not be liable for any shipping delays. Customer shall bear all applicable federal, provincial, or other governmental tax, as well as any applicable import or customs duties, license fees and similar charges, however designated or levied on the sale of Products (or delivery thereof) or measured by the purchase price paid for the Products. Customer must notify Mahkesis, by contacting Mahkesis within three (3) business days after delivery of any claimed shortages or rejections. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in Mahkesis's sole power and discretion. In the event that Mahkesis grants a short shipment claim, Mahkesis will provide the missing items or issue a credit memo at its sole discretion.
4. SECURITY INTEREST
Customer grants Mahkesis security interest in all Products sold under these Terms and Conditions and to all Products now or hereafter purchased and or acquired by Customer from Mahkesis, and to any proceeds thereof, until the purchase price and any other amounts due to Mahkesis have been paid in their entirety. Customer hereby authorizes Mahkesis to prepare and file any financing statement listing the Products as collateral and to file such financing statement in such filing offices as Mahkesis deems appropriate. Customer further agrees promptly to execute any other documents requested by Mahkesis in order to protect Mahkesis's security interest in said Products. Upon any default by Customer of any of its obligations to Mahkesis, Mahkesis shall have all the rights and remedies of a secured party under the Uniform Commercial Code, which rights and remedies shall be cumulative and not exclusive.
Mahkesis accepts payment via wire transfer, PayPal, draft, or major credit card (Visa, MasterCard, and American Express). If the order is under $1000.00 CDN Dollars a major credit card may be accepted. A copy of the purchasing individual's government issued picture identification along with a copy of the front and back of the credit card being used are required. If Mahkesis is unable to verify the authenticity of the Customer and credit card the order will be denied. All products are sold in CDN Dollars.
For terms customers: Payment is due from date of invoice, not receipt of goods according to the payment terms allowed. All payments will be made in CDN Dollars. Customers will pay a late fee of (1.5%) per month of any outstanding balance owed, or the maximum amount permitted under applicable law. All drafts dishonored for any reason shall be assessed a $35.00 CDN Dollar service charge. In the event Customer stops payment on any drafts issued to Mahkesis, for any reason, Customer hereby recognizes that Mahkesis would suffer damage, the exact amount of which cannot be determined with certainty, and Customer shall pay Mahkesis liquidated damages in the amount of $500.00 CDN Dollars for each such draft in addition to the outstanding balance. It is not Mahkesis's policy to issue refunds. Credit Memos must be used on current outstanding balances or future purchases.
Mahkesis reserves the right to withhold shipment of any part of an order or to require pre-payment of any given shipment if Customer does not make timely payment(s). If an account goes past due more than 3 times in a given year Net Terms may be forfeited and pre-payment required. Customer will pay and is responsible for all applicable taxes, duties, licenses, excises, and tariffs (taxes) levied upon the sale, purchase or delivery of the Products. Mahkesis may require a valid major credit card to be kept on file, reserving the right to charge the credit card on file including applicable finance charges of up to 3% if payment is not received by the date due.
Product returns or exchanges may be approved on a case by case basis at Mahkesis's sole discretion and are limited to the terms set forth in Mahkesis's return merchandise authorization ("RMA") policies and procedures, which are located on Mahkesis's website. These policies and procedures may be modified in any manner by Mahkesis at any time without notice. All returns must be accompanied by a RMA from Mahkesis. All returns are subject to in-house credit only.
Mahkesis makes no warranties whatsoever on any products it does not manufacture and passes through any manufacturer warranties issued for the products it represents. Warranty returns are subject to the individual manufacturer's warranty return policy. Warranties vary by manufacturer. Customer agrees to consult the manufacturer of the product purchased regarding their warranty policy prior to contacting Mahkesis. If the Product purchased is determined to be within the manufacturers' warranty policy Mahkesis may assist in obtaining warranty service. If Customer has trouble obtaining warranty service from the manufacture contact Mahkesis for individual manufacture warranty procedures.
IN NO EVENT SHALL MAHKESIS BE LIABLE FOR ANY CONSEQUENTAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEDGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. MAHKESIS DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. MAHKESIS SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY CUSTOMER ARISING FROM THE INFRINGEMENT OR VIOLATION OF ANY PATENTS, TRADEMARKS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS BY ANY PRODUCTS. MAHKESIS MAKES NO WARRANTY, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY OTHER TERMS OR CONDITIONS TO THE CONTRARY, MAHKESIS'S LIABILITY UNDER THIS SECTION SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE ALLEGED LIABILITY.
8. EVENTS OF DEFAULT
Customer shall be in default under this agreement upon the happening of any of the following events or conditions: a) default by Customer on payment of any installment, invoice, bill or any other indebtedness or obligation now or hereafter owed by Customer to Mahkesis, b) default in the performance of any obligation, covenant or liability contained in this agreement or any other agreement or document between Customer to Mahkesis, c) any inaccuracy with respect to any warranty, representation or statement made or furnished by Customer, d) dissolution, termination of existence, insolvency, business failure, or discontinuance of Customer's business or the appointment of a receiver for any part of the property of, or assignment for the benefit of creditors by, Customer or the commencement of any proceedings under any bankruptcy reorganization or arrangement laws by or against Customer or the attachment, levy, seizure or garnishment of any of Customer's property, rights, assets (contingent or otherwise) including the Products, or e) any change in control of the ownership or management of Customer, unless prior to the occurrence of such change of control Mahkesis shall have been notified in writing and Customer shall have obtained Mahkesis's prior written approval to such change in control.