Terms & Conditions
Product Information and Disclaimer: the Eaglehook (“goods” or “product”) is a specifically engineered mobile system that is used in the repair of transport truck trailers. It is designed to prevent falls by restricting a user’s ability to travel a roof surface edge. This is a fall restraint system, and not a fall arrest system. As a result, the proper use of this product will create a safer work environment for the user, but will not and cannot completely prevent risk of falls or injuries associated with work done on tractor trailers or other roof surfaces.
Eaglehook Inc. (“Eaglehook”) and the Customer agree as follows:
- The Customer agrees to pay the total outstanding and owing to Eaglehook within 30 days of the date of the invoice. Title to the goods shall remain with Eaglehook until all amounts outstanding are paid in full by the Customer.
- Interest will be payable by the Customer at a rate of 3% per month (equivalent to 36% per annum) on any amounts outstanding for more than Thirty (30) days.
- Eaglehook does not warrant that the goods are fit for the Customer’s purpose and shall not be liable for any damages, losses or expenses incurred by the Customer or others arising out of the use of the goods. Any implied warranties of merchantability and fitness for purposes are specifically excluded from this contract. The manufacturer of the goods shall provide a one (1) year warranty on the goods. Eaglehook and/or its agents will assist you in enforcing any warranty claims against the manufacturer.
- Eaglehook does not provide the Customer with installation services. The Customer shall have the sole responsibility of installing the goods. Eaglehook shall not be responsible for any damages, injuries, losses, expenses or harm associated with the incorrect installation of the goods.
- The Customer acknowledges that Eaglehook, as part of its service, provides a training/safety program to instruct the Customer in the correct usage of the goods. Participation in the training program is mandatory for the Customer. If the Customer does not complete the training program or uses the goods in a way contrary to the prescribed manner as instructed in the training/safety program, Eaglehook shall not be liable for any damages, injuries, losses or expense resultant thereof.
- Any discrepancies or deficiencies in or with the goods are to be reported to Eaglehook within 24 hours of the receipt of goods. Failure to report such discrepancies or deficiencies within the time limit provided herein shall be deemed an irrevocable waiver of any claim.
- The Customer agrees to indemnify and save harmless Eaglehook at all times against and in respect of any and all claims, demands, actions or proceedings and against all legal and other expenses by reason of any liability arising out of any use of the goods supplied by Eaglehook hereunder.
- Events of force majeure, such as war, invasion, insurrection, riots, orders of any civil authority, delays in or impossibility of procuring sufficient supplies of raw materials, failure in obtaining or curtailment of carriers or other essential services, accidents, fire, breakdown, strike or labor disputes affecting in any way Eaglehook or acts or commissions of third parties or acts of god or generally any cause reasonably beyond the control of Eaglehook shall relieve Eaglehook of its obligations hereunder. In case of any one or more of such events Eaglehook shall have the right to delay delivery or, at its option, to cancel this contract.
- If the Customer refuses to accept the goods when delivered or is in default in the performance of any obligation or payment owing to Eaglehook under any contract or if the Customer becomes bankrupt or if the goods are destroyed, substantially damaged or seized under execution or otherwise or become subject to any lien, encumbrance or claim of any other person, firm or corporation or if Eaglehook considers that the prospect of payment of the amount owing hereunder to Eaglehook is impaired, then in any such case all monies payable hereunder shall become immediately due and payable without notice and Eaglehook may forthwith take possession of the goods in any manner permitted by law wherever the same may be located (the Customer waiving all damages occasioned by such taking of possession and removal of the goods and agreeing to indemnify Eaglehook for any such damage claimed by others) and may dispose of the goods in whole or in part (in their condition either before or after any commercially reasonable repair, processing or preparation for disposition). Upon any such disposition, credit shall be allowed against the monies payable hereunder for the actual proceeds from any such sale when actually received in cash less all reasonable expenses in connection with the disposition (including without limitation a reasonable solicitor’s fee, a reasonable collection agent’s fee or both). After allowing such credit, Eaglehook shall be accountable for any surplus remaining over and the Customer shall be accountable for any deficiency.
- No waiver by Eaglehook of any right or remedy or of any default by Customer shall be deemed a waiver of any such right or remedy in the future or any subsequent default. The rights and remedies of Eaglehook hereunder are cumulative and not alternative and in addition to all rights and remedies available to Eaglehook under all applicable laws. The taking of any judgment hereunder shall not operate as a merger of any term, condition or provision hereof.
- In the event the Customer is comprised of two or more persons or entities, then all obligations and covenants of the Customer shall be joint and several.
- The parties hereto agree that this agreement is the entire agreement between the parties and all of the terms, conditions, covenants and agreements between the parties.
- The agreement shall be construed pursuant to the laws of the Province of Ontario.
- This agreement shall enure to the benefit of the parties hereto and their respective heirs, successors and personal representatives.