All orders placed with Famet Inc. are subject to and expressly conditioned upon these Terms and Conditions. Any additional or different terms and conditions (including those that may be contained in the client’s purchase order) are null and void, unless otherwise agreed to in writing by Famet Inc. You are deemed to have accepted these Terms and Conditions upon issuance of a purchase order, acceptance of a quotation, or payment for any product or service.
1. ORDER AND SHIPPING
(a) Placing Orders. Orders for Products must be placed in writing (email or PDF format) to Famet Inc. Each order must specify: (i) the quantity, price, and name or identification of each part ordered; (ii) the corresponding drawing(s) or technical plan(s) for custom-machined parts; (iii) the requested delivery date and address; (iv) the name, address, phone number, and email of the carrier if the Buyer designates a specific one; (v) the name, address, phone number, and email of the Buyer (who is considered the end-user).
(b) Order Confirmation. Upon receipt of an order, Famet Inc. will respond in writing (acknowledgment or confirmation) specifying: (i) any proposed changes regarding the Products or quantities; and (ii) the date on which Famet Inc. expects to be able to deliver to the carrier. An order shall only be binding upon Famet Inc. after the issuance by Famet Inc. of a written confirmation of said order.
(c) Cancellation of Orders. Cancellation of any order between seven (7) and thirty (30) days prior to the confirmed shipping date shall be subject to a cancellation fee of forty percent (40%) of the cancelled portion of the order. Orders may not be cancelled within the seven (7) days preceding the confirmed shipping date, nor on or after said date. Given the custom nature of machined products, these cancellation fees do not constitute a penalty, but liquidated damages to cover materials and labor costs incurred.
(d) Changes to Delivery Schedule. Any change to the delivery date requested by the Buyer must be made in writing and received at least fifteen (15) days prior to the scheduled delivery date. Any requested delay or series of delays totaling ninety (90) days or more will be treated as a cancellation and will be subject to the 40% cancellation fee on the delayed portion of the order.
(e) Shipping and Delivery. Delivery is made EX WORKS (Ex Factory) from Famet Inc.’s facility in Montreal (the “Delivery Point”). All risks of loss or damage regarding the Products transfer to the Buyer upon availability at the Delivery Point or handover to the carrier. All transport, insurance, and other shipping costs, as well as special packaging fees requested by the Buyer, are the responsibility of the Buyer. The Buyer must notify Famet Inc. within ten (10) days of receipt of the Products of any discrepancy or ground for rejection, failing which the Buyer shall be deemed to have accepted the Products.
2. PRICE
(a) Quotations and Price. Prices quoted by Famet Inc. are firm for a period of thirty (30) days from the date of the quotation. Unit prices are established strictly based on the quantities and manufacturing lots indicated in the quotation. Any reduction in quantity or request for multiple deliveries (staggered over time) not originally planned will result in a revision of the unit price to cover set-up and management costs. All prices are quoted and invoiced in Canadian currency (CAD) only.
(b) Taxes and Other Charges. Prices do not include sales taxes (GST/QST), customs duties, shipping, handling, insurance, or other related charges. These charges are the responsibility of the Buyer. Tax-exempt orders must be indicated as such, and the Buyer must provide satisfactory proof of such exemption.
(c) Payment. All Products sold by Famet Inc. will be invoiced upon shipment. Payment must be made to Famet Inc. in accordance with the instructions provided on the invoice. For any order exceeding ten thousand dollars ($10,000) before taxes, or at the discretion of Famet Inc. based on the Buyer’s credit history, a thirty-five percent (35%) deposit is due upon ordering and before production begins. Until credit terms are established, or in the event of persistent payment delays, orders may require a deposit or full payment prior to shipment.
(d) Late Fees. Unless otherwise indicated, all payments are due within thirty (30) days following the invoice date. Past due invoices shall bear interest at a rate of 2% per month (24% per year). Famet Inc. reserves the right to cancel or delay the shipment of Products in the event of non-payment and to claim all collection costs incurred.
(e) Retention of Title. Famet Inc. retains ownership of the delivered Products until full payment of the invoice by the Buyer.
3. WARRANTY
(a) General Warranty. Famet Inc. warrants that its Products (including the H-60 Vane Tester and machined parts) are free from material and workmanship defects for a period of one (1) year from the date of invoice. For custom-machined parts: Famet Inc. warrants that the parts will conform to the drawings and specifications provided by the Buyer in the order. Famet Inc. is not responsible for design errors inherent in the drawings provided by the Buyer.
THIS WARRANTY REPLACES ANY OTHER EXPRESS OR IMPLIED WARRANTY. IF A PRODUCT DOES NOT CONFORM TO THE ABOVE WARRANTY, IT MAY BE RETURNED TO FAMET INC., WHICH, AT ITS DISCRETION, WILL REPAIR OR REPLACE THE PRODUCT FREE OF CHARGE, OR REFUND THE PURCHASE PRICE. THIS WARRANTY EXCLUDES DAMAGES RESULTING FROM IMPROPER INSTALLATION, ABUSE, NEGLIGENCE, ACCIDENT, OR MODIFICATION BY ANYONE OTHER THAN FAMET INC.
(b) Warranty Service. To obtain warranty service, the Buyer must: i) notify Famet Inc. in writing of the defect prior to the expiration of the warranty; ii) obtain a Return Merchandise Authorization (RMA) number; and iii) return the defective product to Famet Inc.’s facility. IMPORTANT: The warranty applies only to parts that can be positively identified as having been manufactured by Famet Inc. (via marking, lot, or unique visual inspection). If, after inspection, it appears that the returned part was not manufactured by Famet Inc. or that the defect is not covered by the warranty, Famet Inc. reserves the right to charge diagnostic and handling fees (minimum $150.00 CAD) to the Buyer. The Buyer assumes shipping costs and risks associated with transport.
4. LIMITATION OF LIABILITY
PRODUCTS ARE SOLD TO BE USED AT THE BUYER’S RISK. FAMET INC. DISCLAIMS ALL LIABILITY REGARDING THE USE OF ITS PRODUCTS. IN NO EVENT SHALL FAMET INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR BUSINESS INTERRUPTION) ARISING FROM THE PURCHASE OR USE OF THE PRODUCTS, EVEN IF FAMET INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FAMET INC.’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL PRICE PAID BY THE CLIENT FOR THE PRODUCT IN QUESTION.
5. INTELLECTUAL PROPERTY
The Buyer acknowledges that the manufacture of parts according to its drawings confers no intellectual property rights upon Famet Inc. over said drawings, which remain the property of the Buyer. Conversely, the sale of Products confers no intellectual property rights upon the Buyer over Famet Inc.’s manufacturing methods or know-how. The Buyer warrants that it holds all necessary rights to the drawings and plans provided to Famet Inc. and agrees to indemnify Famet Inc. against any claim for patent infringement or violation of intellectual property rights arising from the manufacture of parts according to the Buyer’s specifications.
6. CONTROL AND EXPORT
Sales are concluded for delivery and end-use in Canada only. The Buyer agrees not to export the Products without first complying with all applicable laws and regulations.
7. NOTICES
All notices intended for Famet Inc. must be sent by email or registered mail to the address indicated on our website on the corresponding invoice.
8. GENERAL PROVISIONS
Famet Inc. shall not be liable for delays or failures resulting from acts beyond its control (force majeure). The Buyer shall indemnify and hold Famet Inc. harmless against all losses or claims arising from the Buyer’s use of the Products. These Terms and Conditions represent the entire agreement between the parties and supersede any prior discussion or agreement. They are governed by the laws of the province of Quebec, CANADA. Any dispute relating to this agreement shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal (Quebec).