Terms and Conditions
TERMS OF SALES
Unless otherwise stated on the signed contract proposal document the following terms and conditions shall apply.
DISCLAIMER: Due to current global supply issues, quoted pricing and delivery will be verified at time of order and may be subject to change due to material shortages and/or supplier price increases.
PRICE AND PRICE ADJUSTMENTS:
Design Work: Should additional design work be needed at no fault of the seller or be requested by the client that results in going over on design hours quoted an additional quote will be provided to the client. If in agreement the client is to provide a PO or a contract revision by way of a change order to the seller for the additional costs.
Scope Creep: Any work requested by the client or deemed necessary at no fault of the seller that falls outside of the original scope of work will be brought to the client’s attention prior to said work being completed. The client is to provide a PO or contract revision by way of a change order to the seller for the additional costs. The seller shall not be held liable for any delays as a result of the client’s failure to furnish the seller with said PO or change order.
SAMPLE BILLING AND PAYMENT TERMS:
Payment Terms: Unless otherwise indicated on the signed contract proposal, all contracts are subject to a 25% deposit and monthly progress billing based on percentage of completion. Deposit invoices must be paid prior to the seller commencing work on the project. Monthly progress billing invoices must be paid within 30 days following invoice submission to avoid project delays. The seller will not be held responsible for delays that were a result of late payment on the part of the client.
CERTIFICATE OF MERIT:
CERTIFICATIONS, GUARANTEES AND WARRANTIES:
Site Conditions and Onsite Work:
The Client must make sure that all access points are free and clear of obstacles while performing installation in order to provide efficient and safe working conditions. It is the responsibility of the client to ensure if obstacles are present, they are removed prior to the seller’s crew arriving to site.
The seller agrees to install the system as designed; any changes made by the Client are subject to additional charges.
Any hours incurred due to unexpected site conditions, scope change, requests outside the original contract scope or delays outside the seller’s control are subject to additional charges.
In all cases power supply to system (where applicable) is to be supplied by others.
EXECUTION OF DOCUMENTS:
DEFECTS IN SERVICE:
PAYMENTS TO THE SELLER:
DELIVERY OF ELECTRONIC FILES:
GOVERNING LAW AND JURISDICTION:
DEFINITION OF “HAZARDOUS MATERIALS”:
HAZARDOUS MATERIALS – SUSPENSION OF SERVICES:
LIMITATION OF LIABILITY:
MAINTENANCE/WEAR AND TEAR:
WARNING REGARDING RECORD DOCUMENTS:
SUSPENSION OF SERVICES:
G10 CUSTOMER PORTAL USERS:
SCHEDULE FOR RENDERING SERVICES:
NOTICE OF DELAY:
TWO-YEAR EQUIPMENT WARRANTY:
All products, equipment, materials shall conform to the standard specifications established by Seller and shall comply with applicable codes and standards.
Products sold hereunder shall be delivered by Seller at Client’s expense and shall be shipped by Seller or its agent to Client’s designated point of shipment.
Seller may demand different terms of payment from those set forth on the face hereof whenever Client’s financial position requires such change. Seller shall have the right to charge on any amount unpaid on the 10th of the month following delivery, interest each month at a rate of 1 1/2% per month (18% per annum). Client agrees to pay all taxes and duties (if any) upon the sale and purchase of products hereunder.
Client shall inspect the products supplied by Seller upon their arrival. Should Client find that such products do not conform to the description herein, Client shall give written notice to the effect to Seller within fifteen (15) days from the arrival of such products. Failure of Client to give Seller such notice shall constitute irrevocable acceptance of such products and Client shall be bound to pay the full price thereof. If after irrevocable acceptance of such products, Client with Seller’s prior written consent returns such products to Seller a handling charge of 20% of invoice value will be levied on all such products returned for credit.
Except for the express warranties provided above, all warranties, whether express or implied, all guaranties and all representations as to performance including implied warranties or merchantability or fitness for a particular purpose, with respect to products supplied by Seller are hereby expressly excluded and disclaimed by Seller. No agent, employee or representative of Seller has any authority to bind Seller to any representation or warranty relating to such products other than as specifically provided herein.
Except as expressly provided by Seller in writing, the products supplied by Seller are intended for ultimate purchase by commercial industrial users and for operation by persons trained and experienced in the use and maintenance of such equipment. All users must read the entire Instructions and Manual Provided with such products. Such products are NOT intended for consumers or consumer use. Seller’s warranties do not extend to consumers, and no Client is authorized to extend Seller’ warranties to any consumer.
None of these terms and conditions can be modified except by a writing signed by an authorized officer of both Seller and Client.
Failure by Seller to require performance by Client of any provision hereof shall in no way affect the full right of Seller to require performance at any time thereafter nor shall the waiver of Seller of a breach of any provision hereof be taken as a waiver of the provision itself.
No claims allowed unless made within fourteen (14) days of receipt of products. No products may be returned without the prior permission of Seller. All returned products will be subject to a 20% handling charge, when no fault exists on the part of the Seller. All special orders are non-returnable.
All orders sold on credit are subject to Seller’s Credit Department approval.
Title to product remains with Seller until the total purchase price of product is paid.
Client agrees to pay Seller’s prices set out on invoice. Client agrees to pay taxes as indicated on invoice unless Seller receives acceptable exemption certificates.
Seller’s sales personnel are not authorized to modify these terms and conditions or modify Client’s credit terms. Terms are subject to change by Seller with reasonable notice to Client.
All terms and conditions apply once Client agrees to purchase product. Quotations on special promotion products are only valid until end of promotion period.
Orders under $500.00 are credit card only (exceptions apply); Orders over $500.00 Net 30 days OAC; Orders over $5000 are subject to deposits and a monthly progress billing schedule and will be determined on a per project basis.
Increase cost in products and/or raw materials will be billed to Client at agreed upon discount levels. The Seller will notify Client upon receipt of purchaser order of any price increase. Inspection, PM and Hourly rates will increase annually in the amount of the Bank of Canada’s Consumer Price Index.
Seller will make every effort to adhere to the agreed schedule for site visits. Should Seller’s technician(s) arrive on site to complete the scope of work and are not able to do so due to activities or changes which are out of Seller’s control, Seller will apply an additional charge to make a return visit to complete the scheduled work.
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