Request a QuoteTerms and Conditions of Sales
Terms & Conditions of Sales
The following Terms and Conditions of Sale apply to any purchase of goods from Skyline Electrical Supply (Skyline) — formerly Estate Lighting Supply. The Purchaser shall be deemed to have full knowledge of the Terms and Conditions herein and such Terms and Conditions shall be binding if either the goods referred to herein are delivered to and accepted by the Purchaser.
1. Pricing:
All prices are subject to change without notice. All prices are tax extra - HST is not included. The pricing offered in our quotation is firm for 30 days unless otherwise noted. Pricing may include base material factors that could change the final price accordingly.
2. Payment Terms:
All payments shall be made within 30 days from the invoice date. Skyline may change or alter the terms of payment if Estate, in its sole discretion, feels the Customer’s financial condition has changed, including requiring the Customer to pay in whole or in part prior to shipment. Any overdue payments are subject to a 2% interest charge charged per month. Skyline has the right to withhold any shipments of products for delinquent accounts.
3. Governmental Fees – Taxes and other:
The Purchaser shall pay all taxes and other governmental amounts, including, but not limited to, duties, tariffs, import fees, export fees, penalties and other similar charges levied by any taxing or government authority or agency in connection with goods and/or services provided by or on behalf of Skyline Electrical Supply to the Purchaser. These charges are not included in the price of goods or services and will be added to amounts due by Purchaser. The Purchaser is responsible and shall indemnify Skyline Electrical Supply for all additional taxes and other governmental amounts, including, but not limited to, duties, tariffs, import fees, export fees, penalties and other similar charges from taxing or other governmental authorities or agencies, and all legal expenses incurred by Skyline Electrical Supply, arising due to changes in such amounts between the date of order and the date of shipping the product or completing the services.
4. Cancellation Policy:
Orders placed with Skyline cannot be cancelled by the Customer without the prior written approval from Skyline. The Customer agrees to indemnify Skyline against all direct and indirect losses arising from any cancellation.
5. Delays:
Lead times, shipping and delivery dates are estimates and are not guaranteed. Skyline assumes no liability whatsoever, for any reason, or any damages, including, without limitation, direct, indirect, incidental, financial, consequential or special damages, which may result from any delay in the delivery or failure to fill the purchased goods.
6. Freight and storage:
Unless otherwise specified, all transportation, storage, rerouting costs and any other related fees and related expenses shall be charged to the Customer’s account and shall all be in addition to the price specified for the related goods.
7. Returns:
Skyline will not accept the return of any goods, for any reason, unless the Customer has prior written approval, agreed to the restocking fees and unless all conditions placed on the return of goods have been met.
8. Reels and Cradles:
Where wire or cable is shipped on returnable reels or conduit shipped in cradles, the reels/cradles shall be billed as a separate line item on the same invoice as the wire. Reels/cradles are payable upon due date of invoice and will be credited when returned in reusable condition.
9. Bill of Material:
All orders are based on the Bill of Material prepared and provided by Skyline or Skyline’s suppliers that accompanies the order. Skyline assumes no responsibility for the accuracy of the plans and/or specifications provided to it by the Customer on which the Bill of Material was based. It is the responsibility of the Customer to ensure that the goods ordered and the Bill of Material meet any specifications required by the Customer and end user.
10. Title:
Title to all goods sold or delivered by (or on behalf of) Skyline shall remain with Skyline until such goods have been paid in full.
11. Notice:
If the Customer receives damaged goods or goods short shipped, the Customer must provide written notice with sufficient detail to Skyline and the carrier within 24 hours and mark the bill of lading as such.
12. Warranty:
There are no warranties, guarantees, representations or conditions expressed or implied, whether statutory or otherwise except warranties or guarantees, if any, published by the manufacturer of the product. Skyline does not bear or accept any liability for any failure of goods supplied.
13. Modifications:
The terms and conditions on any purchase order submitted by the Customer at any time are null and void and of no legal effect other than with respect to the identity of and quantity of goods being purchased. Any term or condition not contained herein shall not be binding on Skyline.
14. Force Majeure:
For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingencies or causes beyond Skyline and/or its manufacturer’s control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Skyline’s obligations may be suspended pending force majeure, without Vendor being responsible to Purchaser for any damages or losses resulting from such suspension.
15. Limitation of Liability:
To the fullest extent permitted by law, in no event shall Skyline Electrical Supply be liable for any lost profits, lost business, lost revenue, delay damages, or any other special, incidental, liquidated, indirect, punitive, or consequential damages, however arising, even if the parties have knowledge of the possibility of such damages and whether or not such damages are foreseeable. Furthermore, to the fullest extent permitted by law, Skyline Electrical Supply’s liability on any claim arising out of or connected with these terms or the manufacture, sales, delivery or use of the products, software, or services, whether in tort (including negligence and strict liability), misrepresentation, breach of contract, or otherwise, shall not exceed the amount actually paid for the products, software, and/or services give rise to the claim.
16. Indemnity:
Purchaser agrees to indemnify and hold Skyline Electrical Supply 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 Skyline and the manufacturer’s they represent.
17. Governing Law:
This Agreement, including any changes or modifications, shall be governed by the laws of the Province of Ontario.