Shipping Policy
The customer is required to unload the delivery truck
The heaviest weight is approximately 200lb-1000 lbs.
Shipping & Warranty Policy
Bienenstock works with reliable carriers for all shipments. All shipments are insured in case items are lost or damaged. Bienenstock's shipping price includes this insurance. Bienenstock's shipping price includes brokerage and duties when orders are delivering to the United States (except for Durolawn). Due to the awkward sizing of our components, most items will ship on a 4'x8', 4'x5'or 4'x4' pallets or require a combination of these pallets.
Orders of products from Bienenstock (“Components”) will ship within 10-12 weeks.
Delivery schedules are approximate and are based on prevailing market conditions at the time of this order.
When the order is packaged and ready to ship, Bienenstock will send you photos and description of all Components on the order.
The carrier will contact you ahead of the delivery date to coordinate the delivery time. Your delivery is FOB your parking lot. The Client’s receiver must be present to sign for the shipment. All deliveries are fully insured. Bienenstock has photos and paperwork for all shipments in perfect condition as they leave our warehouse. It is the Client's responsibility to check that everything on the order has been received and that everything has arrived free of damage. The Client's receiver must take photos and make a note on the paperwork of any deficiency or damage and the driver will ask the Client's receiver to sign so that a claim can be made and the shipping error can be rectified. Bienenstock’s liability and obligation for delivery of any damaged Components is limited to the repair or replacement of the damaged Component.
Unless otherwise expressly stipulated, the Components shall be installed by and at the risk and expense of the Client.
Bienenstock does hereby warrant the Components supplied to the Client for a period of one year from the date of receipt of the Components for any manufacturing defect. This warranty is voided if: (i) any party other than Bienenstock modify the Components from their original manufactured condition, (ii) the Components are not properly installed or maintained in accordance with the manufacturer’s specifications; This warranty does not cover damage caused by force of nature or act of any third party.
The obligation under this warranty is limited to the repair or replacement, at Bienenstock’s option, provided that prompt notice of any defect is given by the Client to Bienenstock in writing within the applicable warranty period and that upon the Client’s return of the defective Component to Bienenstock, properly packed and with transportation charges prepaid by the Client, an inspection thereof shall reveal to Bienenstock’s satisfaction that the Client’s claim is valid under the terms of this warranty. The Client shall assume all responsibility and expense for dismantling, removal, re-installation and shipping in connection with the foregoing.
NO WARRANTY: Except as expressly provided in this proposal, Bienenstock disclaims all other warranties, legal, expressed or implied, including but not limited to any expressed or implied warranty of merchantability, of fitness for the intended use thereof or non-infringement all of which are hereby expressly excluded.
LIMITATION OF LIABILITY: Bienenstock’s total liability, if any, for any damages suffered by the Client, or any other party claiming on behalf of or through the Client, whether in contract, tort, warranty, or otherwise, shall be limited to direct money damages actually incurred, and shall not exceed the amount of money actually paid to Bienenstock by the Client for the Component giving rise to such claim. In no event shall Bienenstock be liable for any loss of profit or loss of opportunity whether direct or indirect, and in no event shall Bienenstock be liable for any indirect or consequential damages.
Entire Agreement: This proposal sets out the entire agreement of the parties, with respect to the subject matter herein. The terms of this proposal shall not be modified, amended or supplemented by any terms and conditions in any Client purchase order or acceptance documentation, and any such modified, amended or supplemental terms and conditions shall be of no force or effect.
Force Majeure: The parties agree to use their best efforts to carry out their obligations under this proposal, but in the event of strike, lock-out, accident, fire, delay in manufacturing, delay of carriers, acts of God, government action, state of war, epidemic, pandemic (including but not limited to COVID-19) or any other causes beyond their control ( a “force majeure”), neither party shall incur liability to the other due to the delay in performance or inability to perform, other than the Client’s obligations to pay Bienenstock as provided in this proposal which must be completed as provided. The parties shall complete performance of their obligations after the cause delaying or preventing performance has been eliminated or limited to such extent as to allow performance of their obligations.
Governing Law: This proposal is governed by the laws of the Province of Ontario, Canada and, each of the parties hereto irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario without regard to conflicts of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this proposal and is application is strictly excluded.