Sales Terms & Conditions (Warranty, return, cancellation policy, etc)
We pledge to give you the best service we can provide and personal attention for every order you place. We sell only products tested by ourselves which we consider to be the best available on the market. We endeavor to give you the fastest delivery possible.
These terms and conditions constitute the entire agreement and shall supersede and replace all prior oral and written agreements and can be modified or cancelled only by written agreement signed by the Buyer and Canadian Pond.ca Products Ltd (CPP). The Buyer expressly waives all terms and provisions in any Buyer’s correspondence, purchase order or other forms which negate, limit, extend or otherwise conflict with this agreement. The Buyer’s acceptance must be based solely upon the provision of this agreement.
Notice of offer disclaimer
Canadian Pond.ca Products Ltd, its directors and employees disclaim all responsibility and offer no warranty, expressed or implied, as to the accuracy or reliability of the information contained in this proposal. This proposal is made to the best of their knowledge, according to the deadlines and according to the information provided by the client and its stakeholders. In no event shall Canadian Pond.ca Products Ltd., its directors or its employees be liable for any damages, losses, claims or obligations of any kind, whether direct or indirect, arising out of or relating to the use of the information presented in this proposal. CPP, its directors and its employees cannot be held responsible for circumstances beyond their control or for any changes made by the client and its stakeholders or related to environmental conditions.
Canadian Pond Products Ltd. is not responsible for the lack of performance and issues related to the wrong use of the product or its components by the purchaser, its agents, or its user.
The plans and drawings included in CPP’s offers are preliminary, based on the information provided by the client and should not be used for the construction or installation of the system. All information contained in these documents is property of CPP. Duplication or transmittal of these documents is strictly prohibited without the prior written consent of CPP. The results and performances proposed in these documents are theoretical and may be influenced by many factors unknown during the design phase. Systems are designed based on the information provided by the client. Changes or errors in the information provided originally could result in a lack of performance of the system and might need to be revised to address the issue. This can create fees and delays that are out of CPP’s control. CPP is not responsible if the system is not installed and used as per our recommendation.
Electrical System Components
Installation and electrical connection are not included and must be performed in accordance with existing standards in the area where the system is installed, by a certified electrician. Some assemblies, including cabinet and compressors, are not certified, unless specified. Specific certification may be required and is not included in our service unless requested by the client.
Components and Assembly of Pressurized Parts
Unless otherwise specified, the standard hardware used is stainless steel. Any pre-assembly of pressurized parts made at CPP’s workshop are tested but not certified. Depending on the province and the country, some certifications may have to be executed according to the client’s requirements. This certification is the responsibility of the customer and is not included in our service.
Installation and product certificate of authorization
Some of our product’s installation may require a certificate of authorization from the governing authorities. It is the customer’s responsibility to check with the authorities.
Installation services can be provided when required. The offer will depend on the scope of work and requirements of the services required. Additional fees may apply for equipment installations in the presence of ice. Canadian Pond.ca Products Ltd. does not offer excavation, anchoring services and/or any other services of this kind. Be sure to contact a company that specializes in this type of work before the arrival of the Canadian Pond.ca Products Ltd. team for the installation. CPP is not responsible for delays caused by weather conditions preventing the installation to occur on the planned schedule. It will be the responsibility of the customer to cover the additional supervision costs if the installation is cancelled and rescheduled.
For all sales performed within Canada, all first orders are payable in advance. A credit application can then be opened for future purchases, conditional to approval, and for a minimum yearly purchase of 5000$. For all orders over 25 000$, even with approved terms, a deposit of 30% minimum will be requested, payable in advance.
For all sales outside Canada, orders are always payable in advance. Purchases of 5 000$ and more may be insured by EDC (Export Development Canada), pending approval. If approved, a 2% administration fee will be applied to the total of the invoice. Please note that the first order remains payable in advance.
As soon as the complete payment of the order is issued by the client, the products are the proprietary of the client.
- In Canada, our preferred payment method is EFT-Electronic Fund Transfers, but we also accept Certified cheques, Interac e-transfers and Credit Cards (VISA, MasterCard and American Express – max of 5000$).
- USA and International clients can pay by Wire Transfers or by Credit Card (VISA and MasterCard only – max of 5000$).
- When you place an order on the Canadian Pond.ca website, we accept credit cards payment by Visa, MasterCard, Amex, Shop Pay, Apple Pay, Google Pay and Interac. All information is encrypted for your security. Please read our security policy.
Taxes and Duties
- For sales in Canada, taxes related to the province of destination are included in our quotes.
- For sales in the United States, custom and duty fees are normally included and specified in our quotes. State taxes are payable at delivery, ifapplicable.
- For international sales, taxes and import duties are not included in our quotation and are payable to customs at delivery.
Unless specified and for all destinations:
- Shipments in Canada considers FCA – 570 Knowlton Rd, Lac-Brome (Free Carrier) INCOTERM® 2010 for shipments with included shipping fees or “EXW – 570 Knowlton Rd, Lac-Brome” (Ex Works) INCOTERM® 2010 for orders picked up or not shipped by Canadian Pond.ca Product Ltd (Shipped on client’s transporter account).
- United States shipments normally consider DDP – Agreed Destination (Delivered, Duty Paid) INCOTERM® 2010.
- International shipments normally consider CPT – Agreed Port or Airport Terminal (Carriage Paid To) INCOTERM® 2010. Option on DAP- Agreed destination (Delivered at Place) INCOTERM® 2010 also possible when requested.
In all cases, at the exception of the deliveries in the United States with DDP INCOTERMS®, the responsibility for the delivery to the destin
ation in good condition rests with the carrier. CPP will assist the buyer insofar as is reasonable in securing satisfactory adjustment of claims against the carrier, however, all claims for loss or damage must be made by the buyer against the carrier. CPP shall not be responsible for such loss or damage. CPP shall not be liable to the buyer or deemed to be in breach of the agreement by reason of any delay in performing or any failure to perform any of CPP’s obligation in relation to the goods or any related services if the delay or failure is due to any causes beyond CPP’s reasonable control.
Title, Risk of loss and security interest (Transfer of ownership of goods)
Risk of damage to or loss of the goods shall pass to the Buyer upon due tender of goods for delivery at the agreed point. Notwithstanding delivery and the passing of the risk in the goods, the property in the goods shall not pass to the Buyer until CPP has received payment in full. Until such time as the property in the goods passes to the Buyer, CPP shall be entitled at any time to require the Buyer to deliver the goods to CPP or to enter the premises of the Buyer or its agents where the goods are stored and to repossess the goods.
Every order will be made to meet the delivery dates however, any dates quoted for delivery of the goods are approximate and CPP shall not be liable for any delay in delivery of the goods, however caused.
CPP ships orders with the most efficient and cost-effective transporter, able to provide the best service based on the destination and size of the shipment. Shipping fees are normally considering a single and complete shipment. If an order must be split in two shipments, the shipping fees of both shipments will be charged. Orders shipped under a client’s account will be charged a 50$ administration fee. Additional shipping charges may apply for delivery in remote areas. If a delivery by a large carrier (LTL) is required due to the weight and volume of the order, certain costs may be added to the shipping fees: tailgate fees if there is no loading dock, delivery fees in a residential area, etc. If any of these situations apply to you, please inform us in advance to avoid unexpected delays and fees.
Canadian Pond.ca Products Ltd. warrants that all the goods sold are of merchantable quality and free of manufacturing defects at the time of delivery. The product manufacturer’s warranty applies to all products. To claim a warranty, please contact CPP with proof of purchase. Photos and/or return of the item may be required to honor the warranty. Please note that units replaced under warranty will only be warranted for the duration of the original warranty period (date of purchase of the original unit). Warranty information for each item is identified on the item’s product page on our transactional website. In the case of a manufacturing defect, please notify CPP within 10 days of receipt of your order for an exchange. CPP will either send you a pre-paid return label to return the defective product or instruct to dispose of the item. Do not dispose of the defective product without our approval.
Canadian Pond.ca Products Ltd. offers a warranty on repairs done at our shop. This warranty varies according to the brand of the item repaired. A repair on Kasco Marine products include a 1-year repair warranty. All other products offer a 3-month warranty on repair.
To proceed with a repair under warranty, the client must contact CPP to verify the repair eligibility of the product (not all products are eligible for repair) the customer must send the product to our workshop at his own expense. After inspection, if the damage is covered under warranty, CPP will proceed with the repair or replacement of the item and send the product from our workshop to the customer at no cost.
Limitation of liability: Product defects
Under any circumstances should Canadian Pond.ca Products Ltd. be liable for any prospective profit of for any special, indirect, consequential, punitive, or exemplary damages such as but not limited to injuries to persons, damage or loss of other property or equipment, loss of profit or revenue, cost of capital, cost of purchased or replacement of goods or claims for service interruption. Should CPP, at its own discretion, determine that a product is defective, then CPP may replace or repair any defective goods.
If the customer needs to cancel an order, cancellation fees may apply depending on the status of the order. No cancellation fee applies when the order has not been processed. Once the order is in process a cancellation fee of 10% of the total of the order (before taxes) plus shipping fees if the order is in transit or arrived at destination. Order cancellation is not available for custom systems and/or components pre-paid with a non-refundable deposit.
Errors in the order
Upon receipt of your order, if the wrong product was shipped, please notify Canadian Pond.ca Products Ltd. within 10 days of receipt of your order for an exchange. A pre-paid return label will be sent to you to proceed with the return of the product.
If one or more items are missing when you receive your order, be sure to check the carrier’s tracking number. In some cases, carriers do not always deliver all the boxes at the same time. If the shipment is complete, communicate your claim to Canadian Pond.ca Products Ltd. and if we are responsible for the error, Canadian Pond.ca Products Ltd. will ship the missing product at no cost to you.
Damaged in transit or lost delivery
If a product is damaged in transit, inspect the merchandise, take pictures, and contact the service department at Canadian Pond.ca Products Ltd as soon as possible including the following details: invoice # and photos of the damaged package. If the carrier delivers the package to you in person, make a note of any breakage on the carrier’s receipt, BEFORE THE DELIVERY PERSON LEAVES. If the product was free shipping or invoiced by CPP, CPP will communicate the claim to the shipping company and in the case of a compensation, CPP will reimburse the amount of the compensation to the customer as an intermediary. If the shipment was made using the customer’s shipping account, the customer must contact the shipping company directly to submit a claim.
If a product needs to be shipped again, the customer must place a new order with CPP. Refer to the delivery terms section on page 2 for more details on the responsibility of the delivery.
Return of goods
No product returns are accepted prior to a written authorization from CPP (RMA#). Because of the nature of the products we sell, we can only accept return of goods of unused products in its original packaging in good condition (packaging material, instruction manual, warranty document not completed, and accessories supplied with the product) and clearly identified with a return authorization number provided by CPP. Within 30 days of the purchase, a restocking fee of 10% is required. After 30 days and up to 90 days of the date of purchase, restocking fee is 15%. Shipping costs for returned merchandise are the responsibility of the customer.
We do not accept returns for any merchandise that has been put in the water, special order, products on clearance or on promotion at the time of purchase, opened containers (water treatment products), improperly stored products and damaged products not incurred by transit. Upon reception, if our inspection any anomaly regarding the state of the product, restocking fee of a minimum of 35% will apply. CPP will proceed with the refund once the product has been received and inspected.
Storage fees of 2% per month can be invoiced if one or many items are on hold for an answer from the client or to be picked up by the client for a period beyond 30 days.
Tubing Length Tolerance
Due to the manufacturing process, the length of “tubing” type products manufactured by Canadian Pond.ca Products Ltd. may vary. The advertised length can vary from +2% to +4% which means that the actual length of the pipe can be longer than the advertised length
but not shorter. Canadian Pond.ca Products Ltd. cannot guarantee an exact length at the time of purchase and the price will not be modified.
Canadian Pond Products Ltd. reserves the right to use the client’s company logo, photos shared on our social medias and photos shared in a review on our website. CPP reserves the right to write a case study that may result from the project for its corporate portfolio. Canadian Pond Products Ltd. also reserves the right to advertise a project and our association to the project as a preferred supplier however client approval will be requested should a full case study be published.
CPP shall not be liable for any delay in the delivery of orders, due in whole or in part, directly or indirectly, to fire, acts of God, strike, shortage of raw materials, supplies or components, retooling, upgrading of technology, delays of carrier, embargo, government order or directive or any other circumstance beyond the control of Canadian Pond.ca Products Ltd.
The headings to each section are inserted for convenience of reference only and do not form part of this agreement. The parties hereto agree that this document be written in the English language.
570 ch. Knowlton, Lac-Brome, QC