Consignment Terms and Conditions
Consignment Terms and Conditions
These Consignment Terms and Conditions (the "Terms") govern the consignment relationship between BDI Wear Parts ("Consignor"), located at 503-7300 Warden Ave, Markham, ON, and the customer ("Consignee"). By accepting delivery of the Products, the Consignee agrees to be bound by these Terms.
-
Consignment of Products
The Consignor will supply crusher wear parts and spare parts ("Products") on consignment to the Consignee. The Products will be shipped in agreed quantities as specified in the associated purchase order.
-
Delivery and Acceptance
The Consignor will deliver the Products to the Consignee's designated facilities. Upon receipt, the Consignee must inspect the Products and provide written notice of any discrepancies within three (3) days. If no notice is given, the Products are deemed accepted.
-
Storage and Responsibility
The Consignee must store and maintain the Products safely. The Consignee assumes responsibility for any loss or damage to the Products after delivery.
-
Ownership and Title Transfer
The Products remain the property of the Consignor until they are used or deemed sold by the Consignee. Upon usage or sale, title transfers to the Consignee, and the corresponding invoice becomes payable per the agreed terms.
-
Consignee’s Obligations
a) The Consignee must protect the Consignor’s interest in the Products and keep them free from liens or encumbrances.
b) The Products must remain in their original packaging and marked as the property of the Consignor until used or sold.
-
Consignment Period and Payment
The consignment period concludes on December 31 of each year. The Consignee must pay in full for any unused Products remaining as of that date.
-
Invoices and Payment Terms
The Consignee must notify the Consignor immediately upon use of the Products. Usage is considered a sale, and an invoice will be issued. Payments are due upon receipt of the invoice. Unpaid amounts will accrue interest at an annual rate of 18%.
-
Warranty and Limitation of Liability
The Consignor warrants that the Products are free from defects at the time of delivery. If defects are discovered before use, the Consignor may replace the Products or issue a refund. This warranty excludes damage from misuse or improper handling.
-
Termination
a) These Terms remain in effect unless terminated by either Party with sixty (60) days' written notice.
b) Either Party may terminate for material breach if the breach is not remedied within thirty (30) days of written notice.
c) Upon termination, the Consignee must purchase all remaining Products and pay outstanding invoices immediately.
-
Governing Law and Dispute Resolution
These Terms shall be governed by the laws of Ontario. Any disputes shall be resolved exclusively in the courts of Ontario. Both Parties waive any right to trial by jury.
-
General Provisions
a) The Parties are independent contractors, and neither may bind the other.
b) The Consignee may not assign its obligations without prior written consent.
c) If any provision of these Terms is deemed invalid, the remaining provisions remain enforceable.
d) These Terms constitute the entire agreement between the Parties and may only be amended in writing.
By accepting delivery of the Products, the Consignee acknowledges and agrees to these Terms and Conditions.
Explore Our Products Across Various Industries
Metal and Waste Shredders