Wholesale Account Terms and Conditions
Terms and Conditions of Wholesale Sale
All purchases from Model Cars Canada (“Seller”) are subject to the terms, conditions and provisions stated herein and shall constitute a contract between purchaser and seller. These terms and conditions are applicable whether these Terms and Conditions of Sale are included in a separate invoice at the time of specific purchase. By agreeing to these Terms and Conditions of Sale, you agree and understand that these Terms and Conditions as stated herein will apply to all future sales unless modified in writing and which written modification is executed by Model Cars Canada.
All customers are either cash on delivery (COD) or shall be prepaid unless purchaser has obtained terms from Model Cars Canada. All prepaid orders are subject to clearance of funds. All payments shall be made in Canadian Dollars or U.S. Dollars. All pre-orders and sales are final and cancellation may result in account suspension with no prior notice. Customers with terms will have their payment due fourteen (14) days from ship date for non-COD orders as indicated on the order invoice. Model Cars Canada reserves the right to modify/cancel account terms and/or credit limits at any time.
All orders pre-paid by cash, wire, bank or email transfer will receive a 5% cash discount if paid by the due date listed on the invoice. This cash discount does not apply to any purchases of sale and/or promotional items. This cash discount is not available for any past-due invoices. If an invoice is created for cash payment and the customer then chooses to pay by credit card, the cash discount becomes void and no longer will apply. Therefore, the invoice will be adjusted accordingly.
Purchaser shall be considered to be in default upon the occurrence of any of the following: 1) Seller has not received payment within fourteen (14) days from the due date of an outstanding invoice; 2) A stop payment is issued on an instrument presented to Seller by purchaser for payment of goods sold; 3) Purchaser’s instrument to the Seller for payment for goods sold is returned for non-sufficient funds (Purchaser shall be responsible for all bank charges); 4) Purchaser is declared insolvent; 5) Purchaser declares bankruptcy; 6) Purchaser wrongfully rejects goods; 7) The property of Purchaser is seized or in the possession of a receiver.
In the event of default 1) Seller may withhold all shipments; 2) Seller may apply any prepaid amounts in its possession to goods delivered; 3) Seller may seek recourse in a competent court of law; 4) Seller may seek retraction of goods delivered but not paid for; 5) Seller may seek whatever other remedies are available at equity or at law.
Purchaser shall be liable for all costs of collection on past due accounts and for all costs associated with a default by purchaser including, but not limited to, costs and reasonable attorney’s fees incurred, whether suit be brought or not, and any attorney’s fees incurred upon any appeal or incurred upon the collection of any judgment. Any invoices for goods not paid within fourteen (14) days of the date of the invoice shall be subject to interest at the maximum legal rate. A $55.00 return check fee will be assessed on any check returned by the bank insufficient funds, cancellation or for any reason. Replacement payment is due within five (5) business days of notification via cash, bank transfer, money order or cashier’s check ONLY.
Back orders for all items, and prices for any item, may be subject to change without notice. Typographical errors, delivery dates, colors, pricing, etc., are all subject to correction or change without notice. In the event there is a conflict between the terms and conditions shown on an order submitted by the purchaser and the Terms and Conditions outlined herein, these Terms and Conditions of Sale shall be the controlling terms, conditions and provisions by which all transactions between the two (2) parties shall be governed.
Purchaser agrees to protect all intellectual property rights, pricing, pictures and confidential information relating to the goods purchased. All purchase transactions shall be deemed as to have occurred in Mississauga, Ontario. All payments are due in Mississauga, Ontario. Venue for any action taken at law shall be conducted in Mississauga, Ontario. This contract and all transactions hereunder shall be construed under the laws of the Province of Ontario.
Return Policy
Inspection shall be made by the Purchaser at the time and place of delivery. For all shipment of goods in an amount equal to, or less than 200 products in the shipment, Purchaser’s failure to give Seller written notice of any claim within 7 days from the time and date of deliver shall constitute an unqualified acceptance of the goods and a waiver by Purchaser of any and all claims with respect thereto. For all shipment of goods in an amount in excess of 200 products in the shipment, Purchaser’s failure to give Seller written notice of any claim within 14. days from the time and date of deliver shall constitute an unqualified acceptance of the goods and a waiver by Purchaser of any and all claims with respect thereto. All claims of damaged goods must be made in writing, using an RMA form which will be emailed to you upon notification of the claim. Please contact your account manager within the time period specified above to request the RMA form. This form must be completed accurately for your return to be processed.
Do not return the goods to Model Cars Canada until instructed to do so by Model Cars Canada. Model Cars Canada will determine, at its sole discretion, whether damaged merchandise will need to be returned to Model Cars Canada immediately or if recipient should retain the merchandise until a damage claim has been processed with the shipping company or manufacturer depending on the nature of the claim. Any returns to seller that are sent without prior approval will be rejected by the shipping department and returned at Purchaser’s expense. Returns are allowed only for manufacturer defects and items damaged during the shipping process (from Seller to Purchaser). If claiming merchandise was damaged during shipping, please retain the original shipping box as it may be required by the shipping company to process the damage claim. If the shipping company denies the claim because the original box is unavailable Model Cars Canada is no longer responsible or liable for any damaged goods.
Model Cars Canada's liability and responsibility relating to any damaged goods is limited to either replacement of the model(s) with the exact same item or an item of equal value upon customer approval, or, if a suitable replacement is not available, providing Purchaser with a credit towards their next purchase equal to the original purchase price less any discounts applied.
Limitation of Liability
Model Cars Canada warrants it has the right to provide the goods sold but otherwise the goods are provided on an “as-is” basis without warranty of any kind, express or implied. Model Cars Canada shall not be liable for any claim arising out of the performance, or non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic, or consequential loss or damage howsoever caused in connection with the supply, functioning or use of the goods. Further, Purchaser shall indemnify Model Cars Canada against any liability to third parties arising out of the Purchaser’s use or supply of the goods.