Terms & Conditions

For Full Terms and Conditions, contact us. 

Warranty: SMS Silencers Inc. warrants its products to be free from defects in material and workmanship; excluding paint, weathering effects for the period of one year from the manufacturing date or commissioning date to a maximum of 18 months. 

Notice of warranty claim must be made in writing within such period. 

Delivery: All orders will be shipped FOB SMS plant in Etobicoke, ON Canada, freight collect. At the purchaser’s request freight may be charged directly to the purchaser’s account with the carrier and will be billed directly to the customer. 

Shipment and delivery dates are estimated dates only. SMS shall not be liable for any consequential or incidental damages resulting from delayed shipments. 

Limitation of Liability: SMS Silencers Inc.’s liability on any claim of any kind, including claims based upon SMS Silencers Inc.’s negligence or strict liability, for any loss or damage arising out of, connected with, or resulting from the use of the products, shall in no case exceed the purchase price allocable to the products or part thereof which give rise to the claim. 

In no event shall SMS Silencers Inc. be liable for any consequential or incidental damages. 

This warranty “does not cover” shipping and freight cost, cosmetic damages in transit, damages due to receiving, installation, re-installation, fire, flood, or other acts of God, accident, misuse, abuse, repair or alteration by other than factory service, negligence, or improper or neglected maintenance. 

Deposits & Payment Terms: All New POs with values exceeding $25,000 & all accounts with in house orders exceeding $25,000.00 are subject to 30% deposit payment. Additional 30% payment is due upon fabrication completion. 

Net thirty (30) days from the date of the invoice. All past due invoices are subject to a monthly service charge. All unpaid goods remain the property of SMS Silencers Inc. 

Taxes: Prices quotes are subject to applicable taxes will be added to all invoices and to be paid by the purchaser. 

Returns & Cancellation: All SMS manufactured items are custom made to customer’s request. No restocking is allowed, and manufactured items are not returnable. 

Purchaser may cancel prior to shipment, all or any portion of an order by giving SMS written notice. On receipt of the cancellation notice, work will be stopped as soon as possible. The purchaser will be invoiced for and will pay SMS the full price for all completed items. Incomplete items will be invoiced at full cost incurred by SMS plus an additional 35%. 

Claims: Claims for damage, shortage or product non-conformance must be made in writing to SMS and the carrier within 72 hours after receipt of the product. Claims for loss or damage in transit must be filed by the purchaser with the transportation company. SMS will pack the products for shipment with reasonable care and using normal packing material. However, SMS assumes no responsibility for loss or damage to the products during shipment. 

Terms and conditions of sale are subject to change without notice.