Terms & Conditions

Prices: All orders will be invoiced at prices in effect at the time of shipment, except prices on projects with registered quotes. Prices exclude taxes and tariff charges where applicable. When applicable, taxes and tariff charges shall be added to the invoice to be paid by you.

All prices and terms are subject to change without notice. Errors and omissions are subject to correction. The price list referenced above supersedes all prior price lists.

How to Order: Orders can be placed using any of the following methods:

• Online – Check out products available online here
• Phone – 416-798-0611
• Toll Free – 877-798-0611
• Fax – 416-798-1349
• Email – info@kmthomas.com

Orders: K.M. Thomas reserves the right to decline orders in whole or in part when the price, quantity, product compatibility, or other factors that are not satisfactory.

Cancellations: All orders, once placed and accepted by K.M. Thomas, are subject to cancellation charges which reflect the expenses incurred to the date of cancellation. Certain products, once ordered, will not be able to be canceled.

Payment Terms: Net 30 days with an established account, approved credit, and account status. If, in our judgment, your financial condition does not justify the continuance of the work to be performed or the existing terms of payment, we may require full or partial payment in advance of shipping any outstanding order. A late charge of 2% per month or the maximum rate permitted by applicable law will be applied to all past-due invoices. All invoices will be dated to the date of the shipment.

Please remit payments to:

K.M. Thomas Company Limited
360 Carlingview Drive
Etobicoke, Ontario
M9W 5X9

If you need to contact the accounting department, please do so at 416-798-0611.

Freight: Prices are FOB at our warehouse, in Etobicoke, Ontario, Canada. Freight charges and insurance charges on all shipments are prepaid by K.M. Thomas and invoiced to you unless otherwise specified. When delivered to the freight carrier, the shipment becomes your property, and you assume the risk of loss or damage in transit.

Shortages: Claims for shortages must be submitted within 7 days of receipt of shipment.

Delivery: K.M. Thomas endeavors to ship orders promptly upon confirmation. However, we will not be liable for any loss or damage of any kind resulting from any delay or inability to deliver due to causes beyond our control.

Returned Goods: All products for return to K.M. Thomas must have a pre-approved Return Goods Authorization (RGA) number. Any product(s) with manufacturer defects will be promptly repaired or replaced. All returned products will be inspected for damage, function, and condition of salability. Products deemed not defective will be returned to the customer or if in resaleable condition will be subject to a 25% restocking fee. Additional charges may be added, at our discretion, for products requiring re-work, replacement, or re-packaging to be returned to their original new condition. Additional charges may be required for non-stock products to be returned to the factory.

Not all products will be accepted for return including, but not limited to, special order, damaged, outdated and obsolete products.

Products with approved RGA numbers must be returned to K.M. Thomas, freight prepaid by you. RGAs are valid for 30 days from the date of issue. Unauthorized claims and labor charges will not be accepted.

Security: You grant us a purchase money security interest in the products and the right to repossess until the full purchase price is paid.

Disputes: All disputes arising out of or relating to these terms and conditions of sale shall be governed by and construed in accordance with the law of the Province of Ontario and shall be resolved in an appropriate court located in Toronto, Ontario.

Support Costs: Software support for non-warranted systems is on a per incident basis. There will be a minimum charge of $100.00 per hour, billed in one-hour increments. K.M. Thomas will not commence any support or work until a purchase order is received from the Customer.

Liabilities: K.M. Thomas in no event shall be responsible for any special, indirect, punitive, or consequential damages of any kind, including, loss of revenue or profits, loss of data or use, damage or loss of equipment or property, and claims against the customer by any third party, even if K.M. Thomas has been advised of the possibility of such damages occurring.

NOTICE: The products are designed and intended to be used as an Access Control and Point Monitoring system. Under no circumstances should the product be used as primary monitoring for a Fire Alarm system or any other life safety type application. It is your responsibility as a Buyer to ensure compliance with all National, Provincial, and State Building Codes, project specifications, and general conditions and to apply and obtain all necessary permits as required. “System Acceptance” by Authorities Having Jurisdiction (AHJ’s), consultants, engineers, and end-users, are your responsibility as the Buyer.

K.M. Thomas does not warrant that the functions achieved by the product will meet your specific requirements or that the operation of the product will be uninterrupted or error-free. The customer assumes responsibility for the selection of the proper product to achieve your intended results and for the installation, use, and results obtained by the product.

Warranty: Subject to the limitations of the liability set forth below, K.M. Thomas warrants their products to be free from defects in materials and workmanship for a period of one (1) year from the date of the invoice. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTIES OF QUALITY, WHETHER EXPRESS OR IMPLIED. This warranty shall not apply to products that have been altered or subjected to misuse, accident, neglect, ordinary wear and tear, improper handling, storage, installation, maintenance, product selection & application, or improper wiring of electrical products. All claims under this warranty must be made in writing and will be handled under our Return Goods Authorization (RGA) procedure. K.M. Thomas will repair or replace products (including refurbished products) at K.M. Thomas’s sole discretion, F.O.B. point of shipment.

This is your exclusive remedy for any claim against us, whether based on contract, negligence, or otherwise. IN NO EVENT WILL K.M. THOMAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS), NOR WILL OUR LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO, OUR AGREEMENT OF PURCHASE AND SALE OR THE MANUFACTURE, SALE, DELIVERY, OR USE OF A PRODUCT EXCEED ITS PURCHASE PRICE.

No other person may make representations on behalf of K.M. Thomas.

These terms and conditions of sale together with such additional terms and conditions of sale as are approved in writing by us are exclusive. They apply to your order regardless of any language to the contrary appearing in your purchasing documents. Our acceptance of your order is conditioned upon your assent to these terms and conditions of purchase unless we expressly agree to them in writing. In the absence of your written agreement to these terms and conditions, either acceptance of or payment for the products will constitute your acceptance. Any different or additional terms or conditions in your purchasing documents are considered material alterations and are null and void and superseded by these terms and conditions.

The invalidity of any part of our agreement of purchase and sale will not affect the validity of the remaining provisions.

Your rights and obligations may not be assigned without our consent.