Terms & Conditions 

Effective Date: October, 2024

 All sales of Muir Tapes & Adhesives Inc. (MTA) products are subject to and sold expressly on the condition of the customer’s acceptance of MTA Terms and Conditions of Sale. No different or additional terms or conditions proposed by the customer in any manner (included in any request for quotation or purchase order) will become part of an order or sales agreement unless specifically agreed to in writing by an authorized representative of MTA. Ordering goods from MTA, shall constitute an acceptance of the following terms and conditions: 

Product Responsibility 

It is the Buyer’s responsibility to evaluate whether the products purchased from MTA are suitable for the intended use, including specific applications, environmental conditions, and time requirements. MTA may provide technical advice, but ultimate responsibility for product evaluation remains with the Buyer. 

Warranty and Limited Remedy 

The product(s) will meet MTA’s or the manufacturer’s specifications for product(s) at the time of shipment. MTA MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If a product(s) is defective, the BUYER’s exclusive remedy and MTA’s sole obligation shall be, at MTA’s option, to replace the product(s) or refund the purchase price. 

Limitation of Liability 

MTA will not be liable for any loss or damage arising from the product(s), whether direct, indirect, special, incidental, or consequential, regardless of the legal theory asserted, including without limitation, warranty, contract, negligence, or strict liability. 

MTA will not be liable for any damages, including direct, indirect, special, incidental, or consequential damages, regardless of the legal theory under which a claim is brought (whether warranty, contract, negligence, or strict liability). This limitation does not apply to cases of gross negligence or willful misconduct by MTA, and Buyer retains all rights under applicable law. 

Pricing 

MTA reserves the right to adjust pricing at any time. When possible, MTA will provide 30 days' written notice for price adjustments on products quoted within the past 90 days. Prices are subject to change due to market conditions, raw material costs, or other factors. 

Purchase/Blanket Orders 

A customer purchase order is required for each order. For blanket orders, MTA will fulfill orders according to the specified schedule unless otherwise agreed in writing 

Tolerances 

Unless otherwise stated, MTA offers the standard tolerances: 

Tape Roll Width: - +/- 1.5mm 

Die Cutting - +/- 1.5mm 

For applications requiring tighter tolerances, please contact MTA sales. 

Payment Terms 

Subject to credit approval, the net amount of each invoice shall be payable in full within the terms specified, which is 30 days following the Invoice Date. If payment is not received by the due date, all outstanding amounts owed to MTA under any current or prior agreement will become immediately payable. The Buyer agrees to pay all collection costs, including legal fees. 

Late Payments: Accounts not paid within 30 days will accrue interest at 24% per annum (calculated semi-annually). MTA may waive or reduce late fees in cases of good faith disputes or errors. 

For accounts without terms, payment options include Cash, Cheque, Electronic Funds Transfer, or Credit Card (Visa, MasterCard). 

Cash On Delivery (C.O.D.) Orders 

For stock product orders, payment is due prior to shipping or at pick-up. For custom and non-stock products, 50% payment is due at the time of ordering, with the remaining balance due before shipping. 

Sales Tax 

MTA collects sales tax based on the shipping address. For U.S. customers, taxes will be collected where MTA has a tax nexus, and customers are responsible for remitting taxes in other jurisdictions if applicable. 

Shipping and Transportation 

Unless otherwise specified by MTA, all shipments are FOB MTA. This means the Buyer assumes responsibility for the goods once they are picked up by the carrier. If the Buyer selects their own carrier, they also assume the risk of loss or damage. 

Delivery Dates: All delivery dates are estimates. MTA reserves the right to make partial deliveries. If MTA causes a backorder due to internal issues (e.g., raw material mishandling, scheduling errors, machine breakdowns), MTA will cover the cost of backorder shipping. 


Overruns 

For custom orders, MTA may consider the order complete if the shipment quantity is within +/- 10% of the quantity ordered. This policy applies unless the customer requests guaranteed quantities at an additional cost. 

Order Changes and Cancellations 

  • Stock Products: Orders for stock items can be changed or canceled for a full credit, minus shipping, and processing fees, if returned within 30 days of invoicing. 

  • Non-Stock Products: Non-stock products are subject to manufacturer restocking fees, plus shipping and processing costs, if a return is permitted by the manufacturer. 

  • Custom Products: Once manufacturing has started, no changes or cancellations will be accepted for custom slit or die-cut products. These products are non-returnable, and no credit will be issued. 


Return of Merchandise 

Returns must be pre-authorized by MTA using an official Return Authorization Form (RAF). Only products in original packaging and saleable condition are eligible for return. MTA reserves the right to determine the salability of returned goods. 

Reasons for Return and Associated Credits: 

  • MTA Errors/Quality Issues/Shipping Errors: 100% credit. MTA will cover return shipping costs. 

  • Damaged Material: 100% credit if damage is noted on the waybill and reported to MTA within 3 business days. 

  • Shipping Shortages: 100% credit or replacement of missing products, provided the issue is reported within 14 days of shipment. 

  • Shipping Overages: 100% credit on returns of excess products (excluding custom overruns), if reported within 14 days of shipment. 

  • Standard Stock Returns (within 14 days): 100% credit, with return shipping paid by the customer. 

  • Standard Stock Returns (after 14 days): Returns may be accepted at MTA’s discretion, with a 15% restocking fee. Freight costs remain the customer’s responsibility. 


Governing Law and Dispute Resolution 

This is an Ontario Contract. Any dispute not settled amicably shall be settled in the courts of the Province of Ontario. MTA offers mediation or arbitration as an alternative dispute resolution method to avoid the complexity of legal proceedings. 


Definitions 

  • FOB: Freight on Board – The buyer assumes responsibility once the goods are collected by the carrier. 

  • RAF: Return Authorization Form – A form required for all returns to be processed by MTA. 

  • RMA: Return Merchandise Authorization – A form required for returning merchandise.