Dexko Global

Terms & Conditions 

ENTIRE AGREEMENT 

By ordering or accepting (the “Order”) any part of the products (collectively, the “Products”) listed in this catalog to be purchased hereunder from [Dexter Axle Company LLC] (“Dexter”), the purchaser to an Order (the “Purchaser”) agrees to and accepts all of the following terms and conditions, and any other terms and conditions incorporated by reference or appended to an Order by Dexter (collectively, the “Terms and Conditions”), and the Order is open for acceptance only upon the Terms and Conditions. An Order, together with the Terms and Conditions, constitutes the entire agreement between Dexter and the Purchaser for the Products. None of the Terms and Conditions may be added to, modified, superseded or otherwise altered except as revised in writing by Dexter and delivered to the Purchaser. Dexter’s agreement to provide Products is expressly conditioned upon Purchaser’s acceptance of the Terms and Conditions. It is agreed that any Order made or issued by the Purchaser incorporates and shall be governed only by the Terms and Conditions contained herein, notwithstanding any terms and conditions which may be found in any subsequent purchase order, release order, quotation, or any other form issued to or by the Purchaser. ANY ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS AND CONDITIONS INCONSISTENT WITH OR IN ADDITION TO THE TERMS AND CONDITIONS OF THIS ORDER IS NOT BINDING UPON DEXTER UNLESS SPECIFICALLY ACCEPTED BY DEXTER IN WRITING.


FREIGHT 

F.O.B. Our Warehouse 

DELIVERY TERMS 

Cash on delivery (“C.O.D.”) or open account upon approval of credit by Dexter. Unless otherwise agreed to in writing, the delivery of the Products, and title to and all risk of loss with respect to any Products, shall pass to the Purchaser when such Products are delivered to the Purchaser.  

PRICES 

Subject to change without notice. All shipments of Products will be at prices prevailing on the date of order shipment.

SCOPE OF PRODUCTS

The Products provided by Dexter pursuant to an Order shall be limited exclusively to the Products expressly identified in such Order. As a result, Dexter does not assume responsibility and/or liability for
the failure to provide any other products pursuant to such Order. Modifications, additions or deletions to or from the scope referenced in the Order shall only be effective if evidenced in a written document signed by Dexter. The sale of any and all Products affected by such modification, addition or deletion shall be subject to these same Terms and Conditions, whether or not referenced therein. Where necessary, modifications, additions or deletions to or from the scope referenced in the Order shall result in a corresponding adjustment to the price to be paid for the Products, and Dexter shall advise the Purchaser of any such price adjustment(s).


RETURNS  

No Products or part can be returned for credit unless written authorization by Dexter has been given in advance via Return Merchandise Authorization number. Returned Product that was shipped as ordered is subject to a 15% restocking charge, and possibly more, depending on the condition and age of the returned Products. The return of obsolete, discontinued, modified or special order parts is not permissible. Merchandise shipped in error will be allowed full credit upon return.

PAST DUE ACCOUNTS  

Accounts past due are subject to credit hold or C.O.D. Orders of Products will not be shipped until account is brought current or payment is arranged. Once the account is brought current, Dexter reserves the right to determine if open account privileges should continue or be withdrawn. Interest of 1 1/2% per month (18% annual rate), or such other rate allowed by the applicable law, can be charged on past due accounts.

SALES TAX EXEMPTION  

To avoid being charged sales tax, please provide your Tax Exemption Certificate, if applicable. 

DAMAGES 

Dexter is not liable for damage or loss of Products once it has left our warehouse. Purchaser is solely responsible for filing any loss or damage claims against the carrier, upon receipt of the Products. We will make a reasonable attempt to assist you in securing an adjustment for any loss or damage, provided you have filed your claim with the carrier.


SHORTAGES IN  SHIPMENT IN ROUTE

Upon receipt, Purchaser must immediately inspect all Products for shortages. Notice of claims for shortage must be given to Dexter within 5 days after receipt of the Products by the Purchaser. Or else the Products will be conclusively deemed to have been received by Purchaser without shortage and no claims will be allowed. Purchaser waives any right to revoke its acceptance of Products.

WARRANTY 

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED. ANY WARRANTY IMPLIED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS CONTRACT. DEXTER HEREBY AUTHORIZES CUSTOMER TO ENFORCE AGAINST A MANUFACTURING THIRD PARTY OF THE MERCHANDISE, ANY CLAIMS WHICH DEXTER, AS PURCHASER OF THE MERCHANDISE, MAY HAVE IN RESPECT TO THE MERCHANDISE OR SUCH CLAIM. SELLER HEREBY ASSIGNS TO THE CUSTOMER ALL RIGHTS WHICH DEXTER, AS PURCHASER, HAS AGAINST SUCH SUPPLIERS FOR BREACH OF WARRANTY OR OTHER REPRESENTATION RESPECTING THE MERCHANDISE. DEXTER WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE CUSTOMER FOR ANY REASON WHATSOEVER. DEXTER IS NOT RESPONSIBLE FOR NON-DELIVERY OR DELAY IN DELIVERY DUE TO DELAYS, DAMAGES OR LOSSES RESULTING FROM STRIKES, RIOTS, FIRES, FLOODS, INABILITY TO SECURE MATERIALS OR OTHER ACCIDENTS OR OCCURRENCES BEYOND THEIR CONTROL. 

DISCLAIMER 

The information in this catalog is subject to change without notice. While current at the time of publication, Dexter reserves the right to revise, delete, or replace the Products shown in this catalog.
Dexter is the owner and operator of the Site.

The Dexter website address is [www.dextergroup.com]

The mailing address for Dexter is :
Dexter Distribution Group,
877 Boulevard Jean-Paul-Vincent, Longueuil,
Quebec, Canada, J4G 2T2.

GOVERNING LAW

An Order, and the rights, obligations and liabilities of Dexter and the Purchaser shall be governed by and shall be construed in accordance with the laws of the Province of Quebec (without regard to principles of conflicts of law) and the Purchaser agrees to attorn to the exclusive jurisdiction of the courts of the Province of Quebec.


CONTACT US

For further information or to contact us with questions, concerns, or comments, you may e-mail us at canada@dextergroup.com . Although Dexter will, in most circumstances, be able to receive your e-mail or other information provided through the Site, Dexter does not guarantee that it will receive all such e-mail or other information timely and accurately. Dexter shall not be legally obligated to read, act on, or respond to any such e-mail or other information.