Terms and Conditions
NELO CANADA INC. TERMS AND CONDITIONS:
Buyer shall pay 60% of the purchase price as a Dep must be paid by cheque or Interac transfer to Nelo Canada Inc. by order deadline. Remainder: The remaining 40% of the purchase price must be paid in full before boat is released. Any boats with outstanding invoices will not be released until the invoice has been paid in full.
Any boat arrival times given to the Buyer by Nelo Canada Inc. are estimates and Nelo Canada Inc. is not responsible for any delays. Boats arrive from the Nelo factory in Oakville, Ontario, and it is the customers’ responsibility to arrange for pick up/delivery. Nelo Canada Inc. is not responsible for delivery; however, Nelo Canada Inc. may help arrange transportation based on delivery requirements of all buyers and will communicate with the Buyer to arrange pick up/delivery once the arrival date from factory is known. The fee for delivery from Oakville is not included on Nelo Canada Inc.’s quote or invoice and additional charges will apply. Cost of delivery will depend on the number of boats being delivered, timing, destination of delivery, etc. and will be given once delivery plans are made. Delivery fee will be invoiced separately from the boat invoice. Insurance for the boat after leaving Oakville is the customers’ responsibility. 100% of Delivery fee must be paid by cheque, cash, or interact transfer to Nelo Canada Inc. before boat is released.
When boats arrive in Oakville from the factory they are inspected for damages from shipping and for manufacturing defects. Nelo Canada Inc. is not responsible for any damage incurred after the boat leaves Oakville. (FOB Oakville.)
- Design Boat designs may differ from computer generated designs. Nelo Canada Inc. is not responsible for any variances, and cannot guarantee the design submitted is 100% accurate to the final production.
- No Setoff
Buyer shall not, and acknowledges that it will have no right, under these Terms and Conditions, any other agreement, document or Law, to withhold, offset, recoup or debit any amounts owed (or to become due and owing) to Nelo Canada Inc. or any of its affiliates, whether under these Terms and Conditions or otherwise, against any other amount owed (or to become due and owing) to it by Nelo Canada Inc. or its affiliates, whether relating to Nelo Canada Inc.’s or its affiliates’ breach or non-performance of these Terms and Conditions or any other agreement between Buyer and Nelo Canada Inc. or any of its affiliates, or otherwise.
- Limited Warranty:
(a) The boat warranty is offered by Nelo Kayaks, not Nelo Canada Inc.. Please read their warranty policy carefully. Nelo Canada Inc. will assist with communication with Nelo Kayaks if any issues arise, but all decisions will be made by Nelo Kayaks. Nelo Canada Inc. is not responsible to uphold the Nelo Kayaks warranty.
(b) NELO CANADA INC. MAKES NO CONDITION OR WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) CONDITION OR WARRANTY OF MERCHANTABILITY; (ii) CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) CONDITION OR WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) Products manufactured by a third party may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the delivery of the Nelo Kayaks product ordered. Third Party Products are not covered by the Nelo Kayaks warranty in Section 6(a). For the avoidance of doubt, NELO CANADA INC. MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) CONDITION OR WARRANTY OF MERCHANTABILITY; (ii) CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) CONDITION OR WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Limitation of Liability
(a) IN NO EVENT SHALL NELO CANADA INC. BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS AND CONDITIONS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY NELO CANADA INC., REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL NELO CANADA INC.’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO NELO CANADA INC. FOR THE GOODS SOLD HEREUNDER [or $[AMOUNT], WHICHEVER IS LESS].
Buyer shall indemnify, defend and hold harmless Nelo Canada Inc. and its directors, officers, employees, agents, affiliates, successors and permitted assigns (collectively, the “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, fees and the costs of enforcing any right to indemnification under these Terms and Conditions and the cost of pursuing any insurance providers, incurred by Indemnified Party relating to any claim of a third party arising out of or occurring in connection with the products purchased from Nelo Canada Inc. or Buyer’s negligence, willful misconduct or breach of these Terms and Conditions. Buyer shall not enter into any settlement without Nelo Canada Inc.’s or Indemnified Party’s prior written consent.