Eastonmade Manufacturing

Order Terms and Conditions of Sale

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1. Definitions, Acceptance and Entire Agreement

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In these Terms, “Seller” means the Eastonmade legal entity identified on the Order Invoice, and “Buyer” means the purchaser identified on the Order Invoice. “Order Invoice” (the “Invoice”) means the order invoice issued by Seller setting out the equipment, options, pricing, deposit and payment terms for the order. The Invoice, these Terms and any specifications or documents expressly incorporated into the Invoice form the complete agreement between Seller and Buyer concerning the equipment and related services (the “Agreement”).

Buyer accepts the Agreement by paying the deposit or any other amount on the Invoice, by confirming acceptance of these Terms at the online checkout, by authorizing production, by accepting delivery or by otherwise confirming the order, whichever occurs first. Any additional or different terms in a purchase order or other Buyer document are rejected unless expressly accepted in writing by an authorized representative of Seller.

If a specific provision of the Invoice conflicts with these Terms, the specific equipment, pricing, payment, delivery or other provision stated on the Invoice will govern.

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2. Equipment Selection, Legal Compliance and Safety

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Buyer is responsible for determining whether the equipment is suitable for Buyer’s intended application, materials, operating environment, production requirements and site conditions. Buyer is also responsible for obtaining required permits, registrations, inspections and approvals and for complying with all laws, regulations and occupational health and safety requirements applicable where the equipment is transported, unloaded, installed or operated.

Wood-processing and material-handling equipment is industrial machinery capable of causing serious injury, death and property damage. Before unloading, commissioning, maintaining or operating the equipment, Buyer shall:

• ensure that each operator and maintenance person is properly trained, competent and authorized;

• read, understand and follow all manuals, warning labels and safety instructions;

• install, inspect and maintain all guards, shields, interlocks and emergency-stop devices;

• never remove, defeat, bypass or modify a safety device;

• provide and enforce appropriate personal protective equipment and safe work procedures;

• establish appropriate lockout/tagout and maintenance procedures;

• keep bystanders and unauthorized persons clear of the operating and unloading areas; and

• operate the equipment only for its intended purpose and within its rated capacity.

Buyer shall immediately stop using the equipment and contact Seller if a guard, warning label, safety device or operating manual is missing, damaged or unclear, or if an unsafe condition or suspected defect becomes known.

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3. Misuse, Improper Operation and Unauthorized Modifications

 

To the maximum extent permitted by law, Seller is not responsible for injury, death, property damage, equipment damage or other loss arising from or contributed to by:

• improper transportation, unloading, installation or commissioning;

• operation by an untrained, unauthorized or impaired person;

• failure to follow a manual, warning, maintenance requirement or safety procedure;

• removal, defeat or bypassing of a guard, interlock or other safety device;

• overloading, abuse, misuse or operation outside the equipment’s specifications;

• improper maintenance, contaminated fuel or fluids, or unsuitable replacement parts;

• repairs or modifications not authorized in writing by Seller; or

• continued operation after a defect or unsafe condition becomes known or reasonably apparent.

Any unauthorized repair or modification may void warranty coverage to the extent that it caused or contributed to the failure, created an unsafe condition or prevented Seller from properly diagnosing or repairing the equipment.

 

4. One-Year Limited Parts Warranty

Seller warrants that parts manufactured by Seller will be free from defects in materials and workmanship under normal and intended use for one year from the original delivery date. Seller’s obligation under this limited warranty is limited, at Seller’s option, to repairing or replacing an approved defective part.

This is a parts-only warranty. It does not cover labour, diagnostic time, travel, accommodation, removal, installation, reinstallation, equipment rental, lost production, lost use, downtime, lost revenue or lost profit unless Seller expressly authorizes a specific cost in writing before it is incurred.

Engines, pumps, tires, batteries, electrical components and other parts manufactured by third parties are subject only to the applicable original manufacturer’s warranty, if any.

The limited warranty does not cover normal wear, consumables, misuse, abuse, overloading, collision, accident, improper storage, improper installation, improper maintenance, corrosion, contaminated fuel or hydraulic fluid, Buyer-supplied components, unauthorized repairs or modifications, removal or bypassing of safety devices, or continued use after a defect becomes apparent.

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5. Warranty Claim Procedure and Freight

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Buyer must submit a warranty claim before the warranty expires and provide proof of purchase, the equipment model and serial number, a description of the alleged defect, photographs or video reasonably requested by Seller, and relevant maintenance or service information.

No equipment or part may be returned, and no repair may be performed at Seller’s expense, without Seller’s prior written authorization. Seller may require the affected part or equipment to be returned to an Eastonmade facility for inspection before approving repair, replacement or reimbursement.

For an approved warranty claim, Seller will reimburse reasonable standard freight costs only when the shipment and cost have been authorized by Seller in writing before shipment. Expedited freight, unauthorized freight, customs charges and other unapproved costs are not covered.

 

6. Delivery, Site Access, Unloading and Inspection

 

Unless otherwise stated on the Invoice, splitters and firewood processors are delivered by tractor and 53-foot step-deck trailer. Buyer shall ensure that the delivery site can safely accommodate the tractor and trailer and has suitable access, turning space, ground conditions and clearance from overhead, surface and underground hazards.

Buyer shall provide appropriate offloading equipment and a qualified operator capable of safely handling the equipment’s dimensions and weight. Buyer is responsible for coordinating and safely performing unloading unless the Invoice expressly states otherwise.

Buyer is responsible for carrier waiting time, detention, storage, towing, redelivery and other costs resulting from inadequate access, unavailable offloading equipment, unsafe site conditions or Buyer’s inability to accept delivery as scheduled.

Buyer shall inspect the shipment promptly and note visible transit damage on the carrier’s delivery receipt or bill of lading before signing it. Concealed damage must be reported to Seller and the carrier promptly after discovery.

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7. Deposits, Payment, Order Changes and Cancellation

 

A deposit is due on receipt of the Order Invoice, in the amount stated on the Invoice.

Deposits are non-refundable. At Seller’s sole discretion, Seller may permit all or part of a cancelled deposit to be applied as a non-cash credit toward a future purchase, subject to any conditions and expiry date stated by Seller in writing.

The remaining balance is due when Seller notifies Buyer that the equipment has entered assembly, normally approximately two weeks before delivery, and in all cases before shipment or release unless different payment terms are stated on the Invoice.

For available payment options and final-payment instructions, contact accounting@eastonmadewoodsplitters.com.

Buyer-requested changes are subject to Seller’s written approval and may result in revised pricing, freight charges and delivery dates. If shipping arrangements, delivery location or timing change after order acceptance, freight will be charged at the rates in effect when delivery is arranged.

Buyer may not cancel an accepted order without Seller’s written consent. If Seller approves a cancellation, Buyer remains responsible for work completed, materials ordered, non-cancellable commitments, administrative costs and other reasonable costs resulting from the cancellation.

 

8. Taxes, Customs Duties, Tariffs and Government Charges

 

Unless expressly included on the Invoice, prices exclude applicable sales, use, excise, goods and services, harmonized sales, value-added and similar taxes, as well as customs duties, tariffs, brokerage fees, port charges and other government assessments.

The Invoice or shipping documentation shall identify which party is responsible for customs clearance and acts as importer of record. Buyer shall pay all amounts allocated to Buyer. If Seller pays or advances an amount for which Buyer is responsible, Buyer shall reimburse Seller before the equipment is released or delivered.

Any new or increased tax, duty, tariff, government assessment or customs charge imposed after the Invoice date and before importation or delivery may be added to the amount payable by Buyer unless the Invoice expressly states that Seller has assumed that charge.

 

9. Production and Delivery Dates

 

Production and delivery dates are estimates unless Seller expressly guarantees a date in writing. Seller is not liable for delay or failure caused by circumstances reasonably outside its control, including supplier delays, material shortages, transportation interruptions, labour disruptions, fire, flood, severe weather, epidemic, war, governmental action, customs delays, tariffs, embargoes, utility interruptions or equipment breakdowns.

Seller is entitled to a reasonable extension of time and may allocate available production, components and inventory among its customers.

 

10. Disclaimer of Other Warranties

 

EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE AND ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED, SELLER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Seller does not guarantee a specific production rate, output, profitability or operating result unless the guarantee is expressly stated in a written document signed by an authorized representative of Seller.

 

11. Limitation of Liability

 

To the maximum extent permitted by law, Seller shall not be liable for indirect, incidental, special, exemplary, punitive or consequential loss or damage, including lost production, lost use, lost revenue, lost profit, lost contracts, customer claims, substitute equipment or rental costs, labour, travel or downtime.

To the maximum extent permitted by law, Seller’s total aggregate liability arising from the Invoice, the equipment or the Agreement shall not exceed the amount actually paid to Seller for the specific equipment giving rise to the claim.

Nothing in the Agreement excludes or limits liability that applicable law does not permit Seller to exclude or limit.

 

12. Governing Law, Jurisdiction and CISG

 

The Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules. Buyer submits to the exclusive jurisdiction of the courts of Ontario, Canada, subject to any jurisdiction or venue requirements that applicable law makes mandatory.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

 

13. Severability, Amendments and No Waiver

 

If any provision of the Agreement is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in effect.

No amendment or waiver is effective unless made in writing by an authorized representative of Seller. A failure or delay in enforcing a provision is not a waiver of that provision or any other right.

 

14. Buyer Acceptance

 

By paying the deposit or any other amount on the Invoice, or by otherwise accepting the Agreement under Section 1, Buyer confirms and agrees that:

1. The person accepting has authority to enter into the Agreement on Buyer’s behalf.

2. Buyer has reviewed and accepts the equipment description, options, pricing, payment terms, shipping and delivery requirements stated on the Invoice.

3. Buyer has read and agrees to these Eastonmade Order Terms and Conditions of Sale, Version 2026-09-15, which form part of the Agreement.

4. Buyer authorizes Seller to proceed with the order and acknowledges that the required deposit is non-refundable, subject only to any written credit permitted by Seller.

5. Buyer acknowledges the inherent hazards of industrial wood-processing equipment and accepts responsibility for safe unloading, installation, operator training, operation, maintenance and compliance at Buyer’s location.

6. Buyer has had an opportunity to ask questions and obtain independent legal advice before accepting the Agreement.