Acceptance

• All orders are accepted in accordance with the Terms and Conditions set forth below.
• Following acceptance by Process Heaters, orders are not subject to cancellation or modification except upon written approval by Process Heaters and shall be subject to cancellation charges as determined by Process Heaters.

Credit Conditions

• Credit shipments on an open account basis will be made to approved Purchasers who maintain a good credit rating.
• Purchasers, whose credit has not been approved by Process Heaters, will be required to fill out a credit application for open account. Shipment of products to non approved Purchasers will be either Cash In Advance or Cash On Delivery.

Corrosion Policy

• Process Heaters cannot warrant any electric immersion heater against failure by sheath corrosion if such failure is the result of operating conditions beyond the control of the heater manufacturer. Our recommendations are made based upon the best information available to us from our factories and other sources and is believed to be accurate. We cannot anticipate all conditions under which this information and the products which we supply may be used. We accept no responsibility for results obtained by the application of this information or the safety and suitability of our products, either alone or in combination with other products.
• It is the responsibility of the Purchaser to analyze all aspects of their application and to make the ultimate choice of sheath material and suitability of the heater based on his knowledge of the chemical composition of the corrosive solution, character of materials entering the solution, and controls which he maintains on the process and any other factors of his process which may have a bearing.

Delivery, Title and Risk of Loss

• Delivery dates are approximate and are based upon prompt receipt of all necessary information from the Purchaser. Unless otherwise specified by the Seller, delivery will be made and title passes F.O.B. our facility.

Excusable Delays

• Process Heaters will notify the Purchaser of any material delay and will specify the revised delivery dates as soon as possible. Process Heaters shall not be liable for delays in delivery due to: acts of God, fire, flood, wind, war, sabotage, civil unrest, disobedience, accidents, government priorities, strikes, or any other causes beyond Process Heater's control.

General

• The terms and conditions on this page shall, unless otherwise specifically agreed to by the Seller in writing, be the sale Terms and Conditions governing any purchase and sales contract entered into between the Purchaser and the seller. Stenographic and clerical errors are subject to correction. No modification of, or addition to, or waiver of any of the Terms and Conditions hereof will be effective unless agreed to in writing by Process Heaters.

Indemnity and Waiver of Subrogation

• Purchaser agrees to indemnify and hold Process Heaters harmless with respect to any third party claims for personal injury (or death), property damage or other loss which claims are based upon defective or allegedly defective design, material or workmanship furnished by Process Heaters. Purchaser represents that any liability insurance policies, which Purchaser may have, provide that subrogation rights against suppliers such as Process Heaters are waived.

Order Changes and Cancellations

• Purchaser shall have the right, by giving written notice to Process Heaters, to make changes in the quantity, drawings, designs, or specifications for the articles to be supplied. Upon receipt of any such notice, Process Heaters shall notify the Purchaser as promptly as possible of changes in the price of, or the time require for performance of the order, and an equitable adjustment determined by Process Heaters shall be made in the contract price or delivery schedule, or both, prior to incorporation said changes into the supplied article.
• Process Heaters will accept cancellations to orders that are in production or scheduled for production but, at Process Heaters option, may be made only after agreement has been made to pay reasonable cancellation charges that take into account expenses already incurred and commitments made by Process Heaters.

Pricing

• Prices, discounts, delivery and designs are subject to change without notice. The price of any article scheduled for shipment on a date beyond a period of one year from the date of receipt of Purchaser's order, is subject to a price increase by Process Heaters unless otherwise agreed to in writing. Prices include ordinary packaging only and shipment by ground transport unless otherwise specified.

Returns

• No items will be accepted for return without prior authorization from Process Heaters. All unauthorized returns may be refused and returned to the Purchaser at the Purchaser's expense. All returns must be shipped freight prepaid.

Terms

• Where credit has been approved by Process Heaters, Terms of Sale are strictly net 30 days from the date of invoice. All prices are F.O.B. our facility in North York, Ontario, Canada, in Canadian dollars only. Process Heaters reserves the right to select the means of shipment, consistent with least cost and commensurate service. Prices do not include any applicable taxes. On late payments, the buyer shall be responsibility for all costs of collection including reasonable attorney fees.

Warranty

• Users are responsible for the suitability of the products to their application. Process Heaters disclaims responsibility for failure arising from misuse, negligence, improper installation, tampering or other operating conditions beyond its control.
• Products must be installed and maintained in accordance with the manufacturer's instructions. Process Heaters is not liable for labour costs incurred in removal, reinstallation, or unauthorized repair of the product for damage of any type including incidental or consequential damage.

Damages in Transit

• Claims against freight carriers for damage in transit must be filed by the buyer.

Conflict Between Documents

• Acceptance of this offer is expressly conditioned upon agreement to all terms and conditions contained herein. In the event of a conflict between the terms and conditions of purchaser's purchase order, and process Heater's terms and conditions, proposal or offer, the latter shall govern.

Safety

• Electrical equipment presents a potential hazard for shock and/or fire. Process Heaters expects that all installations by customers or contractors of customers will follow the guidelines set out in the Canadian Electrical Code or that of the local authority and should be undertaken by qualified technical personnel such as licensed electricians. All such installations should be approved by the local electrical authority.
• Any equipment is susceptible to failure. Process Heaters recommends the use of limit temperature controls which provide a redundant system for control of heating systems.