Terms and Conditions of Sale and Delivery

  1. Sale and Purchase of Goods

    Our Business (‘Seller’) hereby agrees to sell, and You (‘Buyer’) hereby agree to purchase, goods of the description and quality listed on the above invoice and incorporated herein by this reference (‘Goods’) on the terms and conditions set forth in this Agreement. Buyer accepts responsibility to ensure that all information listed on the proforma invoice is correct.

  2. Purchase Price

    Buyer agrees to pay the Purchase Price of the Goods listed on the proforma invoice. The Purchase price is valid for ten (10) business days from the date of the proforma invoice unless otherwise specified in writing by Seller. If the order has not been executed (ie. Delivery of Goods is completed, and payment is received) within ten (10) business days from the date of the proforma invoice, Seller reserves the right to cancel or make adjustments to the Purchase Price at any time until the delivery of the Goods.

  3. Payment Terms

    The total amount of the Purchase Price shall be payable in full by Buyer upon delivery of the Goods. Payment is due upon receipt of the Goods unless otherwise negotiated and confirmed in writing by Buyer. If the customer opts for self-pick up of the Goods, payment is due prior to pick-up. Payment options include:

    • Cheque, email money transfer, wire transfer, VISA, Mastercard or American Express.

    Please note that credit card transactions are subject to a 3% non-refundable administrative fee. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue unless otherwise specified in writing. All amounts past due are subject to a late charge of twelve percent (12%) per annum, compounded daily.

  4. Delivery of the Goods

    Delivery charges require a pre-authorized hold on a valid credit card prior to delivery. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated.

    Buyer acknowledges that the Delivery Fee is based on the information provided by Buyer, and it is therefore the Buyer’s responsibility to ensure that the information is accurate as to avoid delivery and product issues. Buyer acknowledges responsibility to ensure that the Ship To address is accessible to the delivery vehicle carrying the Goods, including but not limited to:

    • Removal of any obstructions that would block the delivery vehicle’s access to the drop location on the Ship To address,

    • Ensure that the ground conditions of the Ship To address is flat and hard standing for the delivery vehicle to drive into, and

    • Unless otherwise stated in writing, that an authorized receiver meets the delivery driver at the Ship To address

    If the site is not accessible for the delivery truck, if the delivery is aborted by Buyer for any reason without written notice 48 hours in advance of the delivery date, or if the Buyer has omitted information relating to the Purchase/Delivery, Buyer is responsible for any incurred charges (gate fees, depot charges, transport mobilization costs). The aborted transportation charge will be the amount that Sigma Container have been charged by their contracted haulier, not the amount on the invoiced order regardless of any discounts initially offered to Buyer. A copy of the original transport order to the contracted haulier can be provided upon request.

    Seller reserves the right to cancel the Sale of the Goods at any time if it is deemed that the Ship To address is not able to accommodate the delivery vehicle.

  5. Retention of Title

    Regardless of credit terms offered, until the Goods purchased has been paid for in full and the payment has been cleared, Sigma Container Corporation retains the title of the Goods sold.

  6. Limited Warranty

    Seller supplies as its sole warranty the following:

    Goods purchased shall be free from defects for a period of time, please contact us to find out more detail about our warranties and the period of validity for the specific product you are buying. The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.

  7. Disclaimer of Warranty/Limitation of Liability

    Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which the Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, expressed or implied.

    In the event of the delivery vehicle causing property damage during a delivery, Buyer will not accept responsibility of any damage caused by the haulage contractor.

  8. Force Majure

    Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labour, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

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