This document sets out Franklin Water Treatment Canada, Inc.’s (“Franklin”) standard limited warranty, general sales policies, and governing terms and conditions (collectively, the “Terms”). These Terms may not be altered or amended except by Franklin.
Franklin Standard Terms & Conditions are subject to change at any time, without notice.
This document and its provisions are effective as of June 1, 2026 and valid until further written notice from Franklin. This document and its provisions shall supersede any and all pre-existing sales policies, terms and conditions, and standard limited warranties issued by Franklin, whether in writing or orally. This document does not reflect an offer or an agreement to sell Franklin products to any person or entity and should not be construed as such.
FRANKLIN OBJECTS TO, AND SHALL NOT BE BOUND BY, ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS, WHETHER PRINTED OR OTHERWISE AND REGARDLESS OF WHETHER SUCH ADDITIONAL TERMS OR CONDITIONS ARE IN PURCHASER’S PURCHASE ORDER OR IN ANY OTHER COMMUNICATION FROM PURCHASER TO FRANKLIN.
The Terms listed herein together with Franklin’s standard or custom product specifications (if applicable), constitute the entire agreement between Franklin and purchaser (“Purchaser”). Franklin objects to, and shall not be bound by, any additional or different terms, whether printed or otherwise and whether in Purchaser’s purchase order or in any other communication from Purchaser to Franklin. Prior courses of dealing, trade usage and verbal agreements not reduced to a writing signed by Franklin to the extent they differ from, modify, add to or detract from these Terms shall not be binding upon Franklin. There are no other agreements, promises or understandings, either verbal or written, which are not fully expressed in these Terms. No statements, recommendations or assistance by either party have been relied upon by either party or shall constitute a waiver by either party of any of the provisions hereof. These Terms may be changed by Franklin at any time.
Orders may only be cancelled prior to shipment with written approval by Franklin and Franklin reserves the right to charge a penalty. Once shipped, returns are subject to inspection and a restocking fee. Custom-configured systems are final sale.
The due date of payment shall be measured from the invoice date. Terms are net thirty (30) days from date of invoice of each shipment, unless otherwise stated. Any portion of the purchase price which is not paid in accordance with applicable payment terms shall accrue interest at a rate equal to one and one-half percent (1.5%) per month (twenty percent (20%) per annum) or the highest rate allowed by law, plus any attorney fees and other costs associated with collections. Franklin shall apply payments received against outstanding invoices and/or interest charges at its discretion.
Please note: Order acceptance must be confirmed in writing. A credit-card surcharge will be applied on credit payments in accordance with applicable regulations, limited to recovering our actual processing costs and compliant with all applicable consumer protection laws.
All prices and discounts are subject to change by Franklin, with or without prior notice. Prices and discounts applicable to unshipped quantities of existing purchase orders, as well as to new purchase orders, shall be those in effect at the time of shipment.
A representation by Purchaser of facts, upon which Franklin relies in basing applicable discount or term of sale, shall be taken as a representation that such facts are true; and Franklin shall have the right to revise any price or discount, including products already shipped, invoiced, or paid, should such representations be untrue.
All prices are net of, and do not include, any federal, provincial, or local income, property, sales, use, excise, value-added, or other similar taxes, all of which shall be the responsibility of, and paid by, Purchaser.
No price quotations for Franklin products shall be binding on Franklin unless confirmed in writing by Franklin. Prices so quoted will be binding on Franklin for thirty (30) days from the date of the price quotation unless noted in the quotation by Franklin. Price quotations do not include accessories or components not manufactured by Franklin. Clerical errors on any price quotations are subject to correction by Franklin.
Quotations are subject to change by Franklin with notice to Purchaser.
Shipments may be made by common carrier, unless otherwise specified in writing by Franklin. Special arrangements, such as air freight, parcel shipment, overnight delivery and special arrangement requirements must be specifically requested by Purchaser and, if agreed to in writing by Franklin, will be at Purchaser’s expense.
Any dates or schedules specified for the delivery of goods covered hereby are approximate only and are based upon then existing conditions and/or conditions reasonably anticipated through each shipping date. In addition to the limitation on damages described herein, except to the extent required by applicable law, Franklin shall not, under any circumstances be liable for any loss, cost, expense, delay, damage, inconvenience, or consequential damages for failure (however caused) to meet a specific shipping date, or for any delay, loss, or damage in transit, or due to the unavailability of sufficient products to fill a purchase order. Franklin reserves the right to allocate available inventories among its customers, including Purchaser, in the event that such inventories are inadequate to meet demand.
Title to the product shipped shall pass to Purchaser when Franklin delivers such goods (i) to the carrier for delivery to Purchaser or (ii) to the dock for export shipments to Purchaser, and all risks of damage, loss, or delay shall thereupon pass to Purchaser. Franklin shall promptly, after shipment, notify Purchaser that the goods have been delivered to the carrier or to the dock and shall furnish Purchaser with all documents, if any that are required to enable Purchaser to obtain possession of the product.
Except as set forth in an Extended Warranty, for one (1) year from the date of installation, but in no event more than two (2) years from the date of manufacture, Franklin hereby warrants to the Purchaser of Franklin’s products that, for the applicable warranty period, the products purchased will (i) be free from defects in workmanship and material at the time of shipment, (ii) perform consistently with samples previously supplied and (iii) conform to the specifications published or agreed to in writing between the Purchaser and Franklin. This limited warranty extends only to products purchased directly from Franklin. Any product specific warranty would supersede the standard limited warranty. Except to the extent required by applicable law, if a product is purchased other than from Franklin, such product must be warrantied through the dealer that the product was purchased through.
The following conditions automatically void this limited warranty:
Franklin will correct all errors made by Franklin at no charge to the Purchaser. Franklin will accept for return only new, standard and current product, in its original packaging, with a copy of the original invoice and approved Return Material Form (“RMA”), within 90 days of the original shipment. Custom assembled, special orders and commercial units may be returned only at the discretion of Franklin and will be subject to a minimum 25% restocking fee. Prior to the return, Franklin must issue an RMA, any returned goods without an approved RMA form, will be denied and returned to the purchaser at their expense. Returned goods are to be returned freight prepaid, Franklin will not be responsible for freight charges.
Franklin shall use reasonable efforts to cause the products to comply with applicable safety, health and environmental regulations and insurance laws and regulations. However, Franklin shall not be responsible for compliance of the products with local interpretations of such federal regulations or insurance codes, nor with any local laws, ordinances, codes and/or regulations which may at any time be in effect at any location where the products are to be used, unless such responsibility shall be expressly assumed by Franklin in writing.
Franklin shall be entitled to make any and all changes in details of design, construction or arrangement of the product as Franklin in its sole discretion determines will constitute an improvement upon the product or any specifications or designs previously furnished to the Purchaser.
In addition to and not withstanding any other remedy to which Franklin may be entitled by law, in the event of Purchaser’s breach of its obligations hereunder, or if Purchaser should cancel a purchase order, in whole or in part, or refuse to accept the products shipped hereunder, or wrongfully rejects or revokes its acceptance of products shipped that conform to a purchase order, Purchaser shall pay for, and Franklin shall be entitled to recover from Purchaser, all special engineering, design, tooling, manufacturing, storage, or transportation costs incurred in connection with Franklin’s performance of the purchase order.
With respect to Franklin’s own standard designs and specifications, or specialty products which Franklin has engineered and designed, Franklin shall defend, indemnify and hold Purchaser harmless from and against any loss, damage, cost or expense arising out of any third-party claims for patent or trademark infringement relating to such products, so long as Purchaser promptly notifies Franklin in writing of any such claim and gives Franklin such authority, information and assistance as Franklin may request in connection with the defense thereof.
Purchaser shall defend, indemnify and hold Franklin harmless from and against any loss, damage, costs or expenses arising out of any claims of patent or trademark infringement relating to products manufactured by Franklin in accordance with any designs or specifications furnished by Purchaser.
Any special tools, dies, jigs, molds, or other equipment manufactured or purchased by Franklin, regardless of whether included as part of Franklin’s pricing, shall remain Franklin’s exclusive property.
All commercial, financial or technical information furnished by Franklin shall be considered confidential and Purchaser shall not disclose any such information to any other person or use such information itself for any purpose other than the re-sale or the intended use
of the products. This Section shall apply to drawings, specifications or other documents prepared by us. Unless otherwise agreed in writing, no information disclosed in any manner or at any time by Purchaser to Franklin shall be deemed secret or confidential, and Purchaser shall have no rights against Franklin with respect thereto, except such rights as may exist under applicable patent laws.
Franklin and Purchaser are independent contractors and neither has the authority to assume or to create any obligation on behalf of or in the name of the other.
Franklin shall be entitled to set off any amount or apply any sum due from Purchaser to Franklin or any other affiliated company of Franklin.
Franklin shall not be responsible or liable for any delays or failures in manufacture or delivery due to any cause or condition beyond the reasonable control of Franklin. Franklin shall not be responsible or liable for any delays or failures to deliver or to perform its contractual responsibilities if due to causes beyond its reasonable control or the reasonable control of its suppliers, or due to acts of God, acts of civil or military authority, judicial action, fires, strikes, floods, wars, transportation delays, or inability due to causes beyond its reasonable control to obtain necessary labor, materials or manufacturing facilities. In the event of such a condition or circumstance, Franklin shall have the right, at its option, to cancel any purchase orders or any part thereof without any resulting liability.
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to principles of conflict of laws. Subject to applicable mandatory consumer protection laws, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, and the federal courts of Canada sitting therein, and agree that any such dispute shall be brought exclusively in such courts. Each party waives any objection based on forum non conveniens or any objection to venue of any such action. For consumers resident in Québec, these terms shall be interpreted in accordance with applicable mandatory consumer protection legislation.
All headings or captions used herein are for convenience of reference only and shall not limit or define these Terms.
Whenever the term “include” or “including” is used in this document or any document referenced in this document, it shall mean “including, without limitation,” (whether or not such language is specifically set forth) and shall not be deemed to limit the range of possibilities to those items specifically enumerated. The words “hereof”, “herein” and “hereunder” and words of similar import refer to these Terms and any document referenced in these Terms as a whole and not to any particular provision. Terms defined in the singular have a comparable meaning when used in the plural and vice versa.
Franklin Water Treatment puts customers and partners at the heart of everything we do. We focus on building lasting relationships by delivering dependable products, responsive service, and ongoing support.