This offer of sale made by Hyseco Fluid Systems is subject to the terms and conditions set forth below. The offer may be accepted verbally, or in writing by fax or email. Customer's order for any products from Hyseco Fluid Systems shall constitute acceptance of this offer and the terms and conditions set forth below. Hyseco Fluid Systems hereby objects to any terms and/or conditions proposed by Customer's purchase order or otherwise which are additional to or different from these terms and conditions; and such addition and/or different terms or conditions shall not become part of this offer or part of any sales contract between Hyseco Fluid Systems and Customer.

  Hyseco Fluid Systems has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Hyseco Fluid Systems prior to the acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card (Visa or MasterCard), debit, or cash. Invoices under credit terms are due and payable within 30 days or as noted on your invoice, measured from the date of the invoice. Hyseco Fluid Systems has all the discretion to cancel or deny orders. For all but consumer purchases, Hyseco Fluid Systems reserves the right to charge you a late penalty charge of 2% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge. It is understood and agreed that Customer will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney's fees and costs incurred by Hyseco Fluid Systems in connection with any collection action for payment of the amounts due herein.

  Applicable local tax will be charged on orders, unless Customer provides Hyseco Fluid Systems with an exemption certificate. Please note your tax exempt status when ordering.

  All shipments are made FOB Hyseco Fluid Systems warehouse. Risk of loss shall pass to Customer upon Hyseco Fluid System's delivery to a carrier. Hyseco Fluid Systems shall have no liability for delays in delivery or damage to product from carrier handling.

  All returns must be approved by Hyseco Fluid Systems prior to being returned and must be accompanied with a Return Good Authorization Number. All returns must be sent prepaid by Customer and are subject to inspection upon receipt by Hyseco Fluid Systems. All returns are subject to a minimum 25% restocking charge. Non-stock, special order or custom parts are non-returnable.

  Orders may not be cancelled or changed without prior written consent of Hyseco Fluid Systems.

  Hyseco Fluid Systems shall not be liable for any failure or delay in manufacture, shipment or delivery of products resulting from any cause beyond Hyseco Fluid Systems control, including, but not limited to, provisions of law or governmental regulations, accident, explosion, fire, windstorm, flood or other casualty, strike, lockout, or other labour difficulty, riot, war, terrorist acts, insurrection, shortage of or inability to secure labour, raw materials, production or transportation facilities. Shipping dates are approximate and are based on conditions at time of quotation. In the event of such delay, there will be no termination and the date of delivery will be extended for a period equal to the time lost be reason of delay.

  Claims for errors, shortages or defective goods must be made within five (5) days after receipt of material.

  In the event that the sale involves the fabrication of any Products by Hyseco Fluid Systems, including, but not limited to, hose or fluid power products, the specifications for such fabrication shall be the sole responsibility of Customer.

  There terms and conditions shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the Province of British Columbia, Canada. Customer specifically acknowledges and agrees that jurisdiction and venue for any actions brought by either party shall be exclusively in British Columbia, Canada. The parties further agree that the law of British Columbia, Canada shall apply. The provisions of the United Nations Convention on Contracts for the International Sales of Goods shall not apply.

  Hyseco Fluid Systems will extend to its customers the manufacturer's standard warranty, if any, in effect at the time of purchase. Hyseco Fluid Systems provides no other warranty, express or implied. Hyseco Fluid Systems will secure for the customer the benefits of the manufacturer's warranty when inspection proves the goods to be defective.

  THE FOREGOING WARRANTIES ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND HYSECO FLUID SYSTEMS EXPRESSLY EXCLUDES AND DISCLAIMS ANY LIABILITY FOR ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER PURSUANT TO THE SALE OF GOODS ACT OF ANY PROVINCE OR OTHERWISE. HYSECO FLUID SYSTEMS DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.