These Terms and Conditions (“Terms”) govern purchases of products from NorthStar Hydraulics Inc. (“NorthStar,” “we,” “us,” or “our”), whether made through www.northstarhydraulics.com, by email, through a quotation or purchase order, or through another direct sales channel.

By submitting or placing an order with NorthStar, you acknowledge that you have read and agree to these Terms, together with our applicable Privacy Policy, Return Policy, warranty terms, quotation, and order documentation.

Nothing in these Terms limits any rights or remedies that cannot legally be excluded or waived under applicable law.

​

1. Definitions

For purposes of these Terms:

• “Customer” means the individual, company, organization, or other entity purchasing or ordering Products from NorthStar.

• “Products” means hydraulic cylinders, components, accessories, and other goods manufactured, supplied, or distributed by NorthStar.

• “Custom Product” means a Product manufactured, modified, configured, or sourced specifically according to Customer requirements, including non-standard dimensions, strokes, mounting configurations, fittings, finishes, specifications, or OEM requirements.

• “Order” means an order accepted by NorthStar through our website, written quotation, purchase order, email confirmation, invoice, or other written sales confirmation.

​

2. Orders and Acceptance

Submission of an order or purchase request does not necessarily constitute acceptance by NorthStar.

An Order is accepted when NorthStar issues an order confirmation, accepts a purchase order, issues an invoice indicating acceptance, begins production of a Custom Product, or otherwise confirms acceptance in writing.

NorthStar may decline or cancel an order before shipment or production where reasonably necessary, including because of:

• Product unavailability

• Pricing or description errors

• Payment issues

• Suspected fraud or unauthorized transactions

• Shipping or delivery restrictions

• Errors or incomplete information in an order

• Circumstances that make fulfillment commercially or legally impracticable

If NorthStar cancels an Order after payment has been received and the cancellation is not caused by the Customer, amounts paid for the cancelled Products will be refunded.

​

3. Product Information and Specifications

NorthStar makes reasonable efforts to ensure that product descriptions, dimensions, specifications, photographs, technical information, and pricing are accurate.

Minor variations may occur between photographs, drawings, measurements, production batches, and finished Products where they do not materially affect the intended function of the Product.

The Customer is responsible for reviewing applicable specifications and determining whether a Product is appropriate for the Customer's intended application.

For hydraulic Products, the Customer must consider factors including, where applicable:

• Bore and rod dimensions

• Stroke length

• Mounting configuration

• Retracted and extended length

• Operating pressure

• Load requirements

• Port size and location

• Hydraulic fluid compatibility

• Operating environment

• Equipment compatibility

Where NorthStar manufactures or supplies a Custom Product based on dimensions, drawings, specifications, samples, or other information supplied or approved by the Customer, the Customer is responsible for confirming the accuracy and completeness of that information before production begins.

This section does not limit any warranty, representation, or statutory right that cannot legally be excluded.

​

4. Pricing and Taxes

Unless otherwise stated:

• Prices displayed on our Canadian website are in Canadian dollars (CAD).

• Applicable sales taxes will be added where required by law.

• Prices may change without notice before an Order is accepted.

• Quoted prices are valid for the period specified in the quotation.

• Shipping, freight, customs, brokerage, duties, and other charges are additional unless expressly stated as included.

For cross-border shipments, including shipments to the United States, the Customer is responsible for applicable import duties, tariffs, brokerage charges, customs fees, taxes, and other government charges unless the Order expressly states that those charges are included.

If an obvious pricing, typographical, or technical error occurs, NorthStar may correct the error or cancel the affected Order before shipment. If payment has already been made for an Order that NorthStar cancels for this reason, the applicable payment will be refunded.

​

5. Payment Terms

Unless NorthStar agrees otherwise in writing, full payment is required before shipment.

NorthStar may accept payment through credit card, Stripe, PayPal, electronic funds transfer, or other payment methods made available at the time of purchase.

NorthStar does not directly store full payment card numbers where transactions are processed through third-party payment processors.

Approved business customers may receive credit terms subject to a separate written agreement, invoice, or approved credit arrangement.

For overdue amounts under an approved credit arrangement, NorthStar may charge interest at 1.5% per month, equivalent to 18% per annum, or the maximum amount permitted by applicable law, whichever is lower.

The Customer is responsible for reasonable costs incurred by NorthStar in collecting undisputed overdue amounts where permitted by law.

​

6. Shipping and Delivery

In-Stock Products

• In-stock Products are typically prepared for shipment within one (1) business day after payment and order processing are completed.

• This is an estimated dispatch timeframe and is not a guaranteed delivery date.

Freight and Oversized Products

• Shipping charges depend on Product weight, dimensions, quantity, destination, and shipping method.

• Large, heavy, or oversized Products may require LTL freight or another specialized shipping method.

• Products with unusually long strokes or shipping dimensions, including certain cylinders with strokes exceeding approximately 108 inches, may require LTL freight due to their length and weight.

• Where an accurate freight charge cannot reasonably be calculated during online checkout, NorthStar may contact the Customer after receiving the order request to provide or confirm applicable freight charges before fulfillment.

Production and Special-Order Products

• Lead times provided for Custom Products, production orders, OEM orders, and other non-stock Products are estimates unless NorthStar expressly guarantees a delivery date in writing.

• Production, ocean freight, ground transportation, customs clearance, holidays, carrier capacity, supplier disruptions, port congestion, weather, and other circumstances may affect anticipated delivery dates.

Delivery Delays

• NorthStar is not responsible for delays caused by carriers, customs authorities, weather, transportation disruptions, government action, labour disruptions, or other circumstances outside NorthStar's reasonable control.

• Nothing in this section limits any statutory cancellation or delivery rights available to a Customer under applicable consumer protection legislation.

​

7. Risk of Loss and Shipping Damage

Risk of loss will transfer in accordance with the applicable contract of sale, shipping terms, and governing law.

For commercial or business-to-business shipments, unless otherwise agreed in writing, Products tendered to a third-party carrier for delivery to the Customer will generally be considered delivered to the carrier on the Customer's behalf, subject to applicable law.

Customers should inspect shipments promptly after delivery.

If a shipment arrives visibly damaged, the Customer should, where reasonably possible:

• Note the damage on the carrier's delivery documentation

• Photograph the packaging and Product

• Retain the packaging

• Notify NorthStar promptly

• Provide relevant shipment and order information

NorthStar will reasonably assist with freight claims where appropriate, but carrier claim requirements and deadlines may also apply.

​

8. Custom Orders and Special Products

Custom Products are manufactured or sourced specifically for the Customer and are therefore generally final sale and non-returnable, except where required by applicable law or where the Product qualifies for warranty coverage.

Custom Orders may require a non-refundable deposit.

Before production begins, the Customer is responsible for reviewing and approving applicable drawings, dimensions, specifications, configurations, finishes, or other order requirements.

Once production has commenced, an accepted Custom Order generally cannot be cancelled or changed without NorthStar's written approval.

If NorthStar agrees to a change or cancellation after production has started, the Customer may be responsible for costs already incurred, including engineering, materials, labour, manufacturing, shipping, and administrative costs.

NorthStar is not responsible for errors arising solely from incorrect dimensions, specifications, drawings, or instructions provided or approved by the Customer, except to the extent caused by NorthStar.

​

9. Returns and Exchanges

NorthStar's voluntary return policy is as follows:

• Eligible Products returned within 15 days of delivery may qualify for a refund or exchange.

• Eligible Products returned from 16 to 45 days after delivery are subject to a 20% restocking fee.

• Returns after 45 days are generally not accepted.

• Products must be unused, uninstalled, undamaged, and in resalable condition with original packaging where applicable.

• A valid Return Merchandise Authorization (RMA) must be obtained before returning Products.

Unless NorthStar supplied an incorrect or defective Product, original shipping charges and return shipping expenses are generally non-refundable and are the responsibility of the Customer.

NorthStar may inspect returned Products before approving a refund or exchange.

The following Products are generally non-returnable:

• Custom Products

• Modified Products

• Special-order or OEM-specific Products

• Clearance or final-sale Products

• Products that have been installed, used, altered, damaged, or improperly stored

• Products otherwise identified as non-returnable before purchase

These return conditions are NorthStar's voluntary commercial return policy and do not limit statutory rights or remedies that may apply to defective, misrepresented, incorrectly supplied, or otherwise non-conforming Products.

Please refer to NorthStar's Return Policy for additional information.

​

10. Product Warranty

NorthStar warrants eligible Products against defects in materials and workmanship under normal and intended use for the applicable warranty period.

Unless a different warranty period is stated on the Product page, quotation, invoice, or written warranty documentation, the following warranty periods apply:

• Eligible truck hydraulic cylinders: three (3) years

• Eligible snow and ice hydraulic cylinders: two (2) years

• Other NorthStar Products: one (1) year

The applicable warranty period begins on the original date of purchase unless otherwise stated in writing.

Warranty Exclusions

Warranty coverage does not apply to damage or failure resulting from:

• Improper installation

• Improper application or Product selection

• Operation outside published specifications

• Overloading or over-pressurization

• Misuse, abuse, accident, or neglect

• Normal wear and tear

• Improper or contaminated hydraulic fluid

• Inadequate maintenance

• Corrosion or environmental exposure not attributable to a manufacturing defect

• Improper storage

• Unauthorized repairs, disassembly, or modification

• Damage caused by associated equipment, hoses, fittings, hydraulic systems, or other components not supplied as part of the Product

• Customer-provided specifications or dimensions that were inaccurate or unsuitable for the intended application

Warranty Claims

To submit a warranty claim, contact info@northstarhydraulics.com and provide:

• Proof of purchase

• Product identification or part number

• A description of the issue

• Photographs or videos where reasonably requested

• Relevant operating or installation information where necessary to assess the claim

NorthStar may require inspection or return of the Product before approving a warranty claim.

For a valid warranty claim, NorthStar may, at its option and subject to applicable law:

• Repair the defective Product

• Replace the defective Product

• Replace the defective component

• Provide an equivalent Product where the original is unavailable

• Refund or credit the applicable purchase price where appropriate

Unless required by applicable law or expressly agreed by NorthStar, warranty coverage does not include removal, installation, equipment downtime, labour, transportation, or other consequential costs.

This limited warranty is in addition to, and does not exclude or restrict, any conditions, warranties, rights, or remedies that cannot legally be excluded under applicable law.

​

11. Installation, Operation and Safety

Hydraulic systems can operate under significant pressure and may involve heavy loads and moving equipment.

Products must be installed, operated, inspected, and maintained by persons with appropriate knowledge, training, and experience and in accordance with applicable equipment specifications and safety requirements.

The Customer is responsible for ensuring that:

• The Product is compatible with the equipment and intended application

• Installation is completed correctly

• Appropriate pressure and load limits are observed

• Suitable hydraulic fluids and components are used

• Equipment is inspected and maintained appropriately

• Applicable workplace, equipment, and safety requirements are followed

NorthStar should be contacted before installation if there is uncertainty regarding Product specifications or compatibility.

​

12. Limitation of Liability

To the fullest extent permitted by applicable law, NorthStar will not be liable for indirect, incidental, special, exemplary, or consequential losses arising from the purchase, installation, use, inability to use, or failure of a Product, including loss of profit, production, revenue, business opportunity, or equipment downtime.

Where liability may lawfully be limited, NorthStar's aggregate liability arising from a particular Product or Order will not exceed the amount paid to NorthStar for the Product giving rise to the claim.

These limitations do not apply to liability that cannot legally be limited or excluded and do not restrict any non-waivable statutory rights or remedies.

​

13. Intellectual Property

Unless otherwise indicated, the content of NorthStar's website, catalogues, documentation, and marketing materials, including text, photographs, graphics, logos, product descriptions, drawings, and original design elements, is owned by NorthStar or used with authorization.

NorthStar content may not be reproduced, distributed, republished, or commercially used without prior written permission, except as permitted by applicable law.

Third-party names, trademarks, logos, and other intellectual property remain the property of their respective owners.

​

14. Force Majeure

NorthStar will not be liable for delays or failure to perform obligations where performance is prevented or materially affected by circumstances beyond NorthStar's reasonable control.

Such circumstances may include:

• Natural disasters or severe weather

• Fire, flood, epidemic, or other emergency

• War, civil unrest, or acts of terrorism

• Transportation or port disruptions

• Labour strikes or shortages

• Carrier delays

• Supplier or material shortages

• Power, telecommunications, or infrastructure failures

• Government orders or restrictions

• Changes in tariffs, sanctions, export or import restrictions

• Customs delays

• Global trade disruptions

NorthStar will make commercially reasonable efforts to address the effects of such circumstances.

This section does not limit any cancellation, refund, or other rights that a Customer has under applicable law.

​

15. Governing Law

Subject to any mandatory rights available under applicable law, these Terms and Orders with NorthStar are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

For commercial transactions, the parties submit to the courts of Ontario, Canada for disputes arising from an Order or these Terms unless otherwise agreed in writing.

Nothing in this section prevents an individual consumer from exercising a right to commence proceedings in another jurisdiction where applicable law does not permit that right to be waived or restricted.

​

16. Relationship Between These Terms and Other Documents

These Terms should be read together with any applicable:

• Written quotation

• Order confirmation

• Invoice

• Purchase order accepted by NorthStar

• Product-specific warranty

• Return Policy

• Privacy Policy

If a written quotation, accepted purchase order, or other written agreement signed or expressly accepted by NorthStar contains terms that conflict with these general Terms, the specifically agreed written terms will control with respect to that Order.

​

17. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect.

​

18. No Waiver

A failure or delay by NorthStar in exercising a contractual right does not constitute a waiver of that right.

​

19. Changes to These Terms

NorthStar may update these Terms from time to time.

The version in effect when an Order is accepted will generally apply to that Order unless the parties subsequently agree otherwise or applicable law requires otherwise.

Updated Terms will be posted on our website with a revised Last Updated date.

​

20. Contact Information

NorthStar Hydraulics Inc.
Unit 42 – 140 Milner Ave
Scarborough, ON M1S 3R3
Canada

Email: info@northstarhydraulics.com
Phone: +1 (416) 717-8951
Website: www.northstarhydraulics.com