CANADA: All shipments are FOB our shipping point, Toronto, Ontario.

Where freight allowances apply these will be stated on the price list and or invoice.

Terms of payment are 1% 10 days, net 30 days or as stated on the invoice. Any other terms must be agreed to in writing and signed by an officer of "AtenPac".

Taxes imposed by any jurisdiction are not included in quoted prices. Duties for shipments outside U.S.A and Canada are the responsibility of the customer.

"AtenPac" reserves the right to partially ship any order. Backorders will be cancelled unless customer is otherwise advised by "AtenPac".

No order shall be sold on "consignment" nor will "returns" be allowed as a condition of sale by "AtenPac" and no such wording on any customer purchase order shall supersede this condition, save and except if expressly agreed to in writing by an officer of "AtenPac". The Company at its sole discretion may authorize returns due to errors, damage, and other day-to-day reasons. In such cases the customer agrees to comply with instructions contained in the company "return authorization procedure". If any order is returned to "AtenPac" due to customer error, customer will pay inbound and outbound freight. Where "AtenPac" expressly authorizes the return of merchandise due to customer error, customer agrees that only merchandise in its original shipping carton, and in the same condition as when shipped by "AtenPac" will be accepted for credit. A repackaging, restocking and freight charge will apply and customer agrees to same which will be advised at time return authorization is provided. No credit will be given for goods received which are not in their original condition.

Any order accepted by "AtenPac" shall be deemed a directive and authorization by the customer to "AtenPac" that title, possession and ownership pass at "AtenPac’s" shipping point upon delivery to any truck or other carrier. Customer waives the right to modify shipping contract. "AtenPac" will ship F.O.B. its shipping point. Customer hereby authorizes such carrier to act as customer’s agent to accept title and possession of such merchandise on behalf of the customer at AtenPac’s" shipping point. Carrier shall be deemed to be the agent of the customer, regardless of who pays the freight. Claims for missing and damaged shipments are the sole responsibility of the customer and must be reported and receipted according to the facts to the carrier at the time of receipt. If hidden damage is found upon opening, the customer shall be responsible for reporting same to the carrier and retaining packaging for carrier’s inspection.

Shortages - credit may be denied if not reported to "AtenPac" upon receipt of goods and in any event missing cartons are the responsibility of the carrier.

Any claims against "AtenPac" for merchandise claimed to be defective must be made promptly upon discovery and in any event not later than sixty (60) days from receipt of goods. "AtenPac" may require the return of such goods to determine such claim. Customer shall not be entitled to deduct from the invoice price the amount of any claim unless such claim shall have previously been allowed by "AtenPac". "AtenPac’s" liability is limited to replacement or allowance in an amount not exceeding the invoice price. In no event shall "AtenPac be liable for special, indirect or consequential damages arising from loss, failure, use or misuse of its products.

Invoices thirty (30) days past due will be assessed 1% per month finance charge which is an annual percentage rate of 12%. In the event that "AtenPac" shall not have received payment in full for the goods sold hereunder within ninety (90) days from the date of the invoice, it may at its own discretion, institute measures incidental to collection, and all costs, including but not limited to attorney’s fees shall be borne by the customer.

Specifications are subject to change without notice. Dimensions are nominal values and subject to industry standards and/ or customs.

Errors and omissions are excepted and "AtenPac" reserves the right to correct same. Purchaser shall accept such correction as if it were the original invoice.

Credits will be applied to the purchase of merchandise only - no cash refunds.

Prices are subject to change without notice and prices charged will be those prevailing at time of shipment unless previously agreed to in writing by "AtenPac".

No sales representative of "AtenPac" is empowered to make any warranty or representation, expressed or implied, verbally or in writing or other than as set forth herein.

"AtenPac reserves the right, in case of fire, flood, strikes, lockouts, accidents, shipping difficulties, material shortages however caused, vandalism, malicious mischief, other casualty, war, civil commotion, embargo; labor dispute, act of God; regulations, requests, recommendations or instructions of any domestic or foreign governmental authority or any other cause (whether of the same or different character than herein specified) or any other event beyond its control or if materials, supplies or services are only available to "AtenPac" at prices or under conditions which in its sole judgment considers commercially unreasonable, to cancel in whole or part any order. "AtenPac" will not be held responsible or liable for any resulting non-performance, delay or damages caused therefrom.

For US customers this agreement shall be enforced in accordance with the Uniform Commercial Code as adopted, amended and construed from time to time in the State of New York and for Canadian customers in accordance with the Laws of the Province of Ontario, Canada. Nothing herein shall exclude any other rights or remedies to which "AtenPac" is entitled by law. The validity of any provision hereof shall not affect the validity of any other provision.