Terms & Conditions

Prices contained in quotations will be firm for a period of thirty (30) days from date of quotation. Orders based on this quotation are subject to acceptance and credit approval by the Company at its main office. No sales or field personnel may accept orders placed with the Company..

All orders for materials and/or labour supplied by the Company shall be subject to these conditions of sale. No modifications or additions to these conditions will be recognized by the Company unless specifically agreed to in writing. Failure of the Company to object to provisions contained in any order or other communication from Purchaser shall not be construed as a waiver of these conditions nor an acceptance of any such provisions. No conditions of any prime contract generally or specifically to be incorporated into this order shall apply unless specifically agreed to in writing by an officer of the Company.

Quotations are offered for prompt action. Prices are based on prefabrication of components, when practical, the accuracy/suitability of drawings/specifications and other material supplied by the Purchaser. Any deviations from these shall result in price changes. Prices quoted are subject to change without notice. Quantity or other changes will result in price changes. Quotations over thirty (30) days old are to be requoted.

CREDIT CARD AT TIME OF ORDER UNLESS OTHERWISE SPECIFIED (also see item 19).
Interest is chargeable on overdue accounts at the rate of one and one-half per cent (1.5 %) per month. Payments due shall not be subject to right of setoff. Shipments and further work may be suspended on overdue accounts. If the work to be performed is delayed by the Purchaser, payment shall be made based on the purchase price and the percentage of completion. Equipment held for the Purchaser shall be at the risk and expense of the Purchaser.

All sales are f.o.b point of shipment.

Clerical errors are subject to correction.

Materials carried as stock are subject to prior sale.

Claims for returns must be made in writing to the Company’s main office within 10 days of receipt of goods. No shipments may be returned for any cause without the Company’s prior written consent. The restocking charge is 20% of invoiced value.

The Company reserves the right to make partial shipment and render invoices that shall be due and payable. The Company shall have the right to cancel any orders placed by the Purchaser or to refuse or to delay the shipment thereof, if the Purchaser fails to meet the payment schedules or other credit or financial requirements established by the Company, and the delay or cancellation of such orders shall not be construed as a termination or breach of this Agreement by the Company. The Company reserves the right to allocate the materials in a manner deemed appropriate by the Company when such allocation may be necessary for any reason whatsoever.

The Company shall not be liable for delay in deliveries due to causes beyond its control, including but not limited to, approval by others of drawings, delays in the supply of raw materials, delays of subcontractors, acts of God, acts or omissions of Purchaser, labour disputes or strikes. All promises of shipment are estimates as closely as possible, and the Company will use its best efforts to ship within the time promised, but does not guarantee to do so, and assumes no liability for any damage, consequential or otherwise, for not doing so.

Special insurance and bonding costs are extra to prices quoted.

All applicable taxes are extra to quoted prices.

Cancellation of orders may only be made with Company’s written consent allowing the Company full reimbursement of costs to date, including overhead and profit.

No back-charges, liquidated damages or penalties will be accepted for any reason by the Company.

Changes in the specifications on Purchaser’s order, changing items or quantities of items quoted will not be accepted at prices quoted. Such items will be invoiced at fair market value. (Also see item 3).

The contract shall be governed by, construed and enforced, in accordance with the laws of the State or Province of the Company’s main office.

Title and ownership of materials ordered remain with the Company until payment in full is received by the Company. Purchaser agrees to protect the Company’s interest by maintaining full insurance thereon. The Company reserves the right to register the contract./p>

Unless otherwise specifically provided, the Purchaser has full responsibility for installing the equipment covered by this quotation. The Company, if requested, will furnish technical and advisory service in connection with installation, operation, inspection and servicing at its then current rates plus necessary travel and living expenses.

a.) Payment performance bonds will be provided by Purchaser when requested by the Company.
b.) A down payment on equipment and major projects is required, unless otherwise agreed to. The amount will depend on the nature of the order and the initial outlay of the Company for specialized raw materials with a minimum of 20% down payment required.
c.) Progress payments for continuing projects are required, unless otherwise agreed to.
d.) 1% interest will be charged on holdbacks which are due and payable.
e.) Charges will be made for labour rate increments in excess of hourly rates subsequent to date of this quotation. Overtime, premium time, time lost due to adverse weather conditions and other work hold-ups will be charged extra to prices quoted. Labour is based on 37 hours per employee per regular work week.
f.) A clean, constant and adequate supply must be given by the customer of all services such as, but not limited to, electrical, water and pneumatics at all Company equipment points of use, of which the Company will be given full uninterrupted use at no cost to the Company.
g.)Proper and adequate lockable storage facilities for storage of Company material and tools while on Purchaser’s property is required. Material on site will be the full responsibility of Purchaser while remaining Company property.

Technical data and layouts supplied by the Company in connection with item 3. hereof shall be held confidential by the Purchaser pending Purchasers acceptance of this quotation.

The Company warrants equipment of its own manufacture to be free from defects in materials and workmanship. This warranty extends only to the original Purchaser and is limited to repair or replacement during normal business hours f.o.b. the Company’s factory of any original part or component manufactured by the Company which is found by the Company to have been defective at the time of shipment, provided written claim has been received from the Purchaser within one year of shipment and such original part or component is returned prepaid to the Company. With respect to equipment, materials parts and accessories manufactured by others, the Company will undertake to obtain for Purchaser the full benefit of the Manufacturers warranties. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER BASED ON CONTRACT, STATUTE, STRICT LIABILITY OR LIGEN (NEGLIGENCE).

This agreement constitutes the entire agreement between the parties relating to the matters dealt with herein and there is no understanding between the parties hereto, either oral or written, which is in addition to or in conflict with this Agreement, without expressed agreement thereto in writing by the Company.

The parties acknowledge that they have requested that this agreement and all notices or other documents relating thereto be drafted in the English language.
Les parties reconnaissent qu’elles ont requis que ce contract et tous les avis ou autres documents qui s’y rapportent soient rediges en langue anglaise.

The above items and conditions are in keeping with generally accepted good business practices, and will be considered as part of any order, based on the items or prices quoted herein. No agent, distributor, field representative or person in the Company’s employ has authority to make any other representation on behalf of the Company.