Terms and Conditions of Sale and Service
- Acceptance of Terms
Acceptance of goods or services supplied by K&H Hydraulics (“Vendor”) constitutes acceptance of these Terms and Conditions and forms a binding agreement between the Vendor and the Purchaser.
- Pricing and Payment Terms
All invoices are due Net 30 days from the invoice date unless otherwise agreed in writing. The Purchaser agrees to pay the full invoice amount according to the terms stated on the invoice.
- Late Payments
Past due balances will be subject to interest at 2% per month (24% per year), calculated monthly. The Vendor reserves the right to suspend further deliveries or services on overdue accounts until the account is brought current.
- Retention of Title
Ownership of goods supplied remains with the Vendor until full payment has been received. Title transfers to the Purchaser only after payment in full.
- Default
If payment is not made when due or the Purchaser becomes insolvent or unable to meet its financial obligations, the Vendor may, after providing written notice and a reasonable opportunity to cure (not less than 10 days): declare outstanding balances immediately due, suspend further work or deliveries, and/orrecover goods for which payment has not been made, as permitted by law.
- Returns
Returns require prior written approval from the Vendor. Approved returns may be subject to a 15% restocking fee, unless the return is due to Vendor error. Service and Repair Terms
- Estimates
Written estimates are provided in good faith based on visible inspection. Additional parts or labour may be required if hidden damage or wear is discovered during service. The Purchaser authorizes reasonable additional charges necessary to complete the repair unless otherwise agreed in writing.
- Labour and Diagnostics
Labour, troubleshooting, and diagnostic time are billable, whether or not a repair is ultimately completed.
- Customer-Supplied Parts
The Vendor does not warranty or guarantee customer-supplied parts and is not responsible for failures related to those parts.
- Storage and Abandoned Equipment
Upon completion of service, the Purchaser will be notified that the equipment is ready for pickup. Equipment not collected within 30 days of notification may be subject to reasonable storage fees. If equipment remains unclaimed and invoices remain unpaid after 90 days, the Vendor may treat the equipment as abandoned. The Vendor reserves the right, subject to applicable Ontario law, to sell, scrap, or otherwise dispose of the equipment to recover outstanding charges, including labour, parts, storage, and administrative costs. Any remaining balance will be handled in accordance with legal requirements.
- Service Warranty
The Vendor warrants that repair workmanship will be free from defects for a reasonable period following completion of service. This warranty applies only to the specific repair performed and does not cover: normal wear and tear, misuse or abuse, contamination or lack of maintenance, improper installation, failures of unrelated components, customer-supplied parts
Warranty claims must be returned to the Vendor for inspection and approval prior to repair or replacement.
- General
These Terms constitute the entire agreement between the parties unless otherwise agreed in writing. Any modifications must be confirmed in writing by the Vendor.