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    • Terms and Conditions

    TERMS & CONDITIONS OF SALE

    Avenue Air Depot and the Customer agree as follows:

    1. The customer agrees to pay the invoice within 30 days of the date of the invoice. Title to the goods shall remain with Avenue Air Depot until all amounts outstanding are paid in full by the customer.

    2. It is a customers responsibility to ensure they have all invoices listed on the monthly statements sent out by Avenue Air Depot. If any are required the customer should request them within 5 days once statement is received.

    3. 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 days.

    4. All Credit Card payments will be subject to a 3% surcharge payable at the time the invoice(s) are paid for by the customer. Invoices over 45 days at the time of payment will also be charged an additional interest fee of 2%.

    5. Avenue Air Depot 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 warranty of merchantability and fitness for purposes are specifically excluded from this contract.

    6. The Customer acknowledges that Avenue Air Depot has not reviewed any plans, drawings, specifications, etc. and agrees to satisfy itself that the goods supplied hereafter are fit and satisfactory for the Customer’s intended purposes. Although Avenue Air Depot takes every care to avoid errors, it is not responsible for errors due to Customer measurements and specifications.

    7. No returns on special custom orders.

    8. Any discrepancies or deficiencies are to be reported to Avenue Air Depot within 24hrs of receipt of goods. Failure to report such discrepancies or deficiencies within the time limit provided herein shall be deemed an irrevocable waiver of claim.

    9. A restocking fee of 20% will be charged on buy and sell products (stock items)returned.

    10. The Customer agrees to indemnify and save harmless Avenue Air Depot at all times against and in respect of any liability arising out of any use of the goods supplied by Avenue Air Depot hereunder.

    11. 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 labour disputes affecting in any way Avenue Air Depot or acts or commissions of third parties or acts of god or generally and any cause reasonably beyond the control of Avenue Air Depot will relieve Avenue Air Depot of its obligations hereunder. In case of any one or more of such events Avenue Air Depot will have the right to delay delivery of, at its option, to cancel this contract.

    12. If the customer refuses to accept the goods when delivered or is defaulted in the performance or payment owing Avenue Air Depot 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, encumbrances or claim of any other person, firm or corporation or if Avenue Air Depot considers that the prospect of payment of the amount owing hereunder to Avenue Air Depot is impaired, then any such case all monies payable hereunder shall become immediately due and payable without notice and Avenue Air Depot may forthwith take possession of the goods in any manner permitted by law wherever the same located 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 such disposition credit shall be allowed against the monies payable hereunder for the actual proceeds from any such sales 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 agency fee or both). After allowing such credit, Avenue Air Depot shall be accountable for any surplus remaining over and the Customer shall be accountable for any deficiency.

    13. No waiver by Avenue Air Depot of any right or remedy or 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 Avenue Air Depot hereunder are cumulative and not alternative and in addition to all rights and remedies available to Avenue Air Depot under all applicable laws. The taking of any judgement hereunder shall not operate as a merger of any terms, conditions or provisions hereof.

    14. In the even the customer is comprised of two or more persons or entities, then al obligations and covenants of the Customer shall be joint and several.

    15. The parties hereto agree that this agreement between the parties and all of the terms, conditions and covenants and agreements between the parties.

    16. The agreement shall be construed pursuant to the laws of the Province of Ontario.

    17. This agreement shall ensure to the benefit of the parties hereto and their respective heirs, successors and personal representatives.

    18. Any queries regarding invoices must be discussed with Avenue Air Depot within 1-5 business days