Maison Termes et conditions


AIR COMPRESSOR CANADA TERMS AND CONDITIONS OF SALE


All orders placed by the Buyer are subject to the following Terms and Conditions of Sale. Any terms in the Buyer’s purchase order or other documents that are inconsistent with, or in addition to, these Terms and Conditions are expressly rejected and shall not be binding on Air Compressor Canada (“ACC”). By purchasing products from ACC or accepting delivery, the Buyer agrees to these Terms and Conditions.

1. Maintenance Parts and Warranty Conditions

When purchasing any compressor from Air Compressor Canada, the Buyer agrees to purchase all maintenance parts for that compressor from Air Compressor Canada for the lifetime of the product. A copy of the preventive maintenance schedule will be provided upon request. Buyers may contact Air Compressor Canada to obtain the applicable maintenance schedule for their compressor.

Each compressor includes a standard 30-day exchange warranty for manufacturing defects, starting from the shipping date.

If the Buyer wishes to maintain eligibility for the extended lifetime warranty, all original ACC parts identified in the preventive maintenance schedule must be purchased directly from Air Compressor Canada and installed on time in accordance with that schedule. Parts purchased from any other source will void the lifetime warranty, although the standard 30-day exchange warranty will remain in effect.

All Air Compressor Canada compressors are equipped with smart controllers featuring PLC programming designed to help protect the compressor and maintain operating efficiency through communication with our servers. This program requires periodic updates based on the operating hours of the compressor. If maintenance parts are not purchased from Air Compressor Canada, these updates will not be provided, and the compressor will not receive the intended dynamic protection features, including alarms and notifications triggered by operating conditions. In such cases, the Buyer will be fully responsible for any damage, malfunction, or issue resulting from the failure to use original parts or to maintain the compressor on time in accordance with the preventive maintenance schedule. In all cases, the compressor will continue to operate and will not be placed into protective mode or stopped.

Proper and timely maintenance using genuine ACC parts is essential.

2. Prices and Payment

The Buyer is responsible for paying all applicable taxes. If the Buyer claims a tax exemption, the Buyer must provide Air Compressor Canada with properly completed exemption certificates or other valid government-issued proof of exemption.

Unless otherwise agreed in writing, payment for products in U.S. Dollars or Canadian Dollars is due prior to shipment. If the Buyer fails to make payment when due, Air Compressor Canada may suspend further deliveries until payment is received and may pursue all remedies available at law or in equity.

Air Compressor Canada shall also be entitled to recover from the Buyer all costs and expenses related to collection of overdue amounts, including legal fees.

3. Orders

If the Buyer has credit terms, purchase orders must be submitted to Air Compressor Canada. All purchase orders are subject to written acceptance by Air Compressor Canada.

4. Shipping

The Buyer is responsible for all shipping and delivery costs, whether shipment is EX WORKS, freight prepaid and added, or freight collect. Accepted orders will be shipped as soon as reasonably practicable in accordance with the delivery requirements set out in the applicable purchase order, using a carrier selected by Air Compressor Canada unless the Buyer provides alternative shipping instructions by separate email after order confirmation.

The Buyer also agrees to pay any additional charges invoiced by third-party shipping companies, including but not limited to storage fees, redelivery charges, appointment delivery fees, liftgate service charges, limited access charges, freight corrections, and reconsignment fees. These charges may be communicated to the Buyer 5 to 30 business days after delivery, once received by Air Compressor Canada from the carrier.

By approving a quotation or making full or partial payment, the Buyer agrees to pay these additional charges when invoiced. If such charges remain unpaid, Air Compressor Canada may record a negative balance on the Buyer’s account and may withhold shipment of spare parts required to maintain eligibility for the lifetime warranty.

5. Title and Risk of Loss

Title to the products and risk of loss pass to the Buyer at Air Compressor Canada’s facility upon delivery of the products to the carrier. After that point, Air Compressor Canada shall have no responsibility or liability for any event affecting the products, including but not limited to lost, delayed, damaged, or misdirected shipments, whether outbound or inbound. The Buyer remains fully responsible for payment in full.

6. Claims for Quantity Shortage

Any claim for shortage in quantity must be made in writing within three days after delivery. Air Compressor Canada must be given a reasonable opportunity to verify the claim. The Buyer must provide written evidence, including a signed Bill of Lading showing the missing part and signed by the shipper, or any other documentation reasonably requested by Air Compressor Canada.

7. Returns

Please refer to our Return Policy for full details regarding returns, exchanges, refunds, and non-returnable items.

https://aircompressorcanada.com/return-policy

8. Delivery Inspection

The Buyer or receiver is responsible for inspecting all shipments before accepting delivery. Any freight damage must be clearly noted on the Bill of Lading before acceptance, and the consignee must file a claim as soon as possible.

If equipment appears damaged beyond repair, the Buyer should refuse the shipment. Air Compressor Canada is not responsible for conducting inspections; that responsibility belongs solely to the Buyer or receiver.

If the original box or packaging is opened and no written damage has been reported on the signed Bill of Lading, no damage claim will be accepted by the Seller.

If assistance is needed at the time of delivery, please contact our office at (437) 525-2055 in Canada.

9. Cancellation of Orders

Please refer to our Return Policy for the full cancellation terms.

If a final product qualifies for return and refund under our policy:

  • Payments made by credit card will be refunded less applicable restocking charges and credit card fees, once the equipment is returned unused and free of damage.
  • Payments made by company cheque may be held for up to 45 days to allow funds to clear before refunding the amount, less applicable restocking and shipping charges.
  • Payments made by wire transfer may require up to 45 days to process.

10. General Notes

Air Compressor Canada may not provide installation or commissioning services. All interconnecting piping and external electrical connections must be supplied by the Buyer. Installation, commissioning, and maintenance must be performed by certified technicians.

  1. For startup assistance on new equipment, please review the compressor manual or contact customer support at (437) 525-2055.
  2. To help us identify the correct replacement parts, please provide the serial number, part number, part photo, and dimensions when contacting us.
  3. We are unable to place orders on hold. Once the order is placed and payment is processed, the order is sent to the warehouse for preparation.
  4. Product availability is subject to prior sales and may change at any time. If an item is out of stock or backordered, we will contact the Buyer by email with the expected lead time, where applicable.
  5. Order confirmations are sent by email after the order is placed. Please allow up to one business day.
  6. If your product arrives showing visible damage, do not accept delivery, or clearly note the damage on the Bill of Lading before accepting. If delivery is accepted without noting the damage on the Bill of Lading, Air Compressor Canada will consider the product to have been delivered in acceptable condition. Transport-related damage must be reported within three days of receipt. Damage claims made after three days will not be accepted.

11. Entire Agreement

These Terms and Conditions, together with any applicable confidentiality agreement, custom manufacturing agreement, limited warranty, quotation, proposal, invoice, or other written agreement signed by Air Compressor Canada, constitute the entire agreement between the parties relating to the sale and purchase of Air Compressor Canada products.

No oral statements, representations, or warranties shall modify these Terms. No amendment, waiver, or modification shall be binding unless made in writing and signed by an authorized manager of Air Compressor Canada.

If a separate written agreement has been negotiated and signed by authorized representatives of both parties, that agreement shall prevail in the event of any conflict, and these Terms shall supplement it.

12. Assumption of Risk

The Buyer acknowledges that product performance may be affected by factors beyond Air Compressor Canada’s knowledge or control. The Buyer is responsible for determining whether the products are suitable for the Buyer’s intended use and assumes all risks associated with that determination.

13. Indemnification

The Buyer agrees to indemnify and hold harmless Air Compressor Canada, its officers, directors, employees, and agents from and against all losses, damages, claims, penalties, liabilities, and expenses arising out of or relating to:

  • statements, representations, or warranties made by the Buyer,
  • personal injury or death,
  • damage to real or personal property occurring after title has passed to the Buyer,
  • the Buyer’s failure to comply with applicable laws and regulations,
  • any alleged infringement of intellectual property rights,
  • or the Buyer’s misuse, negligence, or improper handling of the product.

14. Safety and Regulatory Compliance

Where legally required, Air Compressor Canada will provide Material Safety Data Sheets for products sold. The Buyer is responsible, at its own expense, for complying with all applicable laws, regulations, rules, orders, and governmental requirements relating to the sale, storage, use, handling, and disposal of the products.

The Buyer agrees to defend, indemnify, and hold Air Compressor Canada harmless from any liability arising from the Buyer’s failure to comply with these obligations.

15. Force Majeure

Air Compressor Canada shall not be liable for any delay or failure in manufacturing or delivery caused by circumstances beyond its reasonable control, including but not limited to government action, natural disaster, war, civil disturbance, labour disruption, fire, flood, accident, machinery breakdown, or material shortages.

16. Export Compliance

If the Buyer is located in the United States, the transaction shall be treated as a domestic U.S. sale. If the Buyer exports the products, the Buyer shall be deemed the U.S. Principal Party in Interest or Exporter for all applicable purposes.

17. Warranty

Air Compressor Canada offers a lifetime warranty on compressors, subject to strict compliance with the preventive maintenance schedule and the use of genuine Air Compressor Canada parts purchased directly from Air Compressor Canada.

Our genuine parts include access to our cloud-based support services, which provide software updates and maintain the compressor programming. If payments are not made or are reversed, these cloud-based services will cease. If ownership of the compressor changes, any outstanding balance must be paid in full before such services can resume.

The lifetime warranty remains in effect only if scheduled maintenance is performed on time and genuine ACC service parts are used as required. If a scheduled service is missed, non-genuine parts are used, the maintenance schedule is altered, or the compressor is installed or operated improperly, the lifetime warranty will be void. In such cases, only the standard 30-day exchange warranty will remain applicable, and responsibility for the compressor shall rest with the owner or any party that modified the product or maintenance requirements. Also refer to item 1.

Compressors and dryers must be installed indoors in a clean environment. Improper installation or unsuitable operating conditions, including excessive dust or outdoor exposure, will void the warranty.

The compressor exchange warranty is lifetime, subject to the conditions above. Dryers and accessories carry a one-year limited warranty. No labour costs are covered under warranty.

18. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the Province of Ontario, without regard to conflict of laws principles. The parties agree that the provincial or federal courts located in Burlington, Ontario shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party irrevocably submits to that jurisdiction.

19. Brand Statement

Air Compressor Canada is a brand of US Air Compressor Canada Inc., manufacturing in Burlington, Ontario.