Lead Time:

Wherever indicated in our sales term, the Lead Time will be the manufacturing and packing period in which the order will be ready to deliver to the shipping company. This excludes the shipping period from pick up point to final destination as it is agreed upon in sales contract. While every effort is made to ensure that all items offered are delivered on time, some goods may be made to the customer order, and dispatch will take longer. In this case you will be notified by e-mail or through our sales term as indicated on proforma invoice for anticipated delivery period. If we are unable to dispatch your order within specified time period as indicated in our sales term (Lead Time), you will be advised 72 hours in advance.

Shipping Method / Charges:

The freight term is negotiable based on customer inquiry. We offer all methods of shipping as indicated on INCOTERMS 2000. In case that the delivery is our responsibility (Terms Group C and Group D), the customer will be advised through e-mail or based on term and conditions indicated on proforma invoice of applicable shipping and handling charges. Delivery charges vary according to the country of destination. We make every possible effort to keep such costs to a minimum .We ship worldwide. Should the customer wishes not to use our shipping services, the proper notification must be made to us prior to finalizing the sales contract and we amend the shipping method accordingly.

Order Cancellation / Termination of the Contract:

All orders are irrevocable by the customer after execution of the purchase order / contract. In the event that the request of cancellation being submitted by the customer before the issuance of manufacturing work order, such cancellation is subject to penalty for up to 25% of the purchase order/ contract value.

Order Decline:

We reserve the right to decline an order for any of the following reasons:

- The product ordered by customer being obsolete.
- Our inability to obtain export authorization for the country of the end user.
- If at any point of sale, we recognize that the purchaser intends to re-sell the order to end user subject to united nations imposed sanctions
- If the documentary letter of credit has been issued by an unknown organization to EDC (Export Development Canada) or in any way the payment of
the customer could not be insured by EDC under Shipment Frustration Insurance
- If the order has not been placed within the validity of proforma invoice

Limited Warranty:

We warrant that items provided pursuant to any sales order will conform to OEM specification and warrant the assemblies and parts against failure due to defects in material and workmanship for a period of 18 months from the date of the shipment of the goods ex-work or 12 months from the date of being in service whichever occurs first.

This limited warranty does not cover any damage to the product that is resulted from improper installation, accident, abuse, misuse, natural disaster, abnormal mechanical or environmental conditions, or any unauthorized disassembly, repair, or modification. This warranty excludes the normal wear and tear and items considered as consumable within a shorter life time that offered warranty period hereto.

This limited warranty covers only repair, replacement, refund or credit for defective products, as provided above. Our obligation on warranty claims and customer's remedy thereof shall be exclusively limited, at our sole and unfettered discretion to one of the following: (1) replacing ex-works any parts proved to be defective, or (2) remedying or repairing such defect and replace any defective parts with re-built components (exclude the consumables). Supco Canada Railway Supply is not liable for third party equipments and assemblies working in conjunction with supplied equipment, assemblies or spare parts.

Warranty Claims:

Warranty claims have to be made in writing to seller within 30 days of failure.. Seller's liability in respect of any replacement part supplied in terms of a warranty claim shall terminate on the expiry of initial contractual warranty period.

Return of Parts:

No parts may be returned to us without our prior written approval. Upon request from the customer, parts may be returned only if approval is granted in the form of Return Goods Authorization (RGA) signed by and our authorized representative specifying the parts to be returned and the place of return. All freight and other related charges will be at customer's expense unless stated in the RGA form.

Damages:

Customer remedy for defective or non-conforming units shall be exclusively limited to remedying or repairing such defect, provided that Seller is given written notice of such claimed defect within 30 days of the occurrence of the claim. We shall not be liable, whether based on contract, warranty, indemnity, tort (including negligence), strict liability or alternative tort remedies or any other theory of law of equity, for any indirect, special, incidental, punitive, exemplary or consequential damages whatsoever, including, but not limited to, damage to associated equipments, loss of profits or revenue, loss of production, loss of use of Customer's property, plant, equipment or system downtime costs or claims of the Customer's customer.

Force Majeure:

We shall not be liable for any loss or damage arising from our failure to perform any obligation or delay resulting from any cause beyond our reasonable control or form any act of God, act of civil or military authority, act of war whether declared or undeclared, act of any governmental authority, customer or contractors or sub-contractors, civil disturbance, insurrection or riot, sabotage, fire, inclement weather condition, earthquake, flood, strike, work stoppage or the labour difficulty, embargo, fuel or energy shortage, major equipment or product breakdown, delay or accident in shipping or transportation, or unforeseen circumstances or contingencies. In the event of such delay we shall be entitled to an extension of time of performance and should not be held responsible for any occurred penalties as might set out in the terms and conditions of the customer purchase order. If the delay addressed by this paragraph continues for more than 120 days, we may, in our sole option, elect to cancel the order.

Complaints:

In Supco Canada Railway Supply, we offer an exceptional level of service. However, if you have any complaints contact us by e-mail at contact@supcocanada.com, or telephone our Customer Service No. (905) 303-7100. The office is open between 9:00 a.m. - 6.00p.m. Mon.-Fri., and there is an answering service for out of hours services. We will do our utmost to resolve your problem, and promise to contact you within 24 Hours. Privacy:

All information of our customers will always be stored securely and in accordance with the Privacy Act of Canada. We will not release the customers information to a third party without their written consent.