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General Terms and Conditions of Quotations and Sale
All goods and services are supplied on the terms and conditions set out herein and no addition or variation to these terms and conditions will have any effect unless expressly agreed in writing by the Supplier.
1. Quotations
(a) Unless previously withdrawn, a quotation is valid for 10 business days or such other period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Customer’s order has been accepted by the Supplier.
(b) No Supplier shall be bound by any condition attaching to the Customer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by the Supplier in writing, the Customer acknowledges that such conditions are expressly negated.
(c) Cancellation of an order can be made only with the Supplier's consent and upon terms that will compensate the Supplier against loss.
(d) Change orders or briefing updates, amendments or changes requested by the Customer shall not be effective unless accepted in writing by the Supplier. The Customer shall be liable for any costs, expenses, and liabilities incurred by the Supplier in connection with any such change order.
(e) The quoted price is for the manufacturing of the requested product based on the data and information provided by the Customer. Design consultation, engineering, revisions, or any other work related to supplied designs is not included in the quote. Any deficiencies, errors, omissions, or inaccuracies in design are the responsibility of the Customer. Any modifications required as a result of design issues will by charged in addition to the quoted price, at the consent of the Customer.
2. Price
(a) Quoted prices do not include GST or PST (where applicable)
(b) The Supplier, shall be entitled to vary the quoted price for the goods and services at any time prior to delivery if the cost to the Supplier of performing the contract is increased and the Supplier reserves the right to apply prices ruling at the time of providing the goods or services.
3. Terms of Payment
(a) The invoice amount for the goods and services must be paid in full prior to any work being done.
(b) The Customer is not entitled to withhold payment or make any deduction from the quoted price of the goods and services in respect of any set off or counterclaim.
(c)If the Customer fails to pay for any of the goods or services, the Supplier may in its absolute discretion, but without prejudice to any other remedy it may have, postpone the fulfillment of its obligations under this order or briefing and under any other order or briefing with this Customer until such payment is made and charge to the Customer any extra expense incurred thereby.
7. Cancellation or Suspension of Orders
Except where the Customer has a statutory right of termination, orders accepted by the Supplier may not be cancelled either wholly or in part without the consent in writing of the Supplier.
8. Liability
(a) Any service or advice which may be offered by the Supplier, its servants or agents to the Customer or its agents, is rendered in good faith and the Supplier shall not be liable for any loss or damage arising therefrom.
(b) For the avoidance of doubt, the Supplier will be under no liability whatsoever to the Customer for any loss, injury or damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission (whether negligent or otherwise) by the Supplier, its servants or agents or any other person in any way related to or arising out of the Quotation by the Supplier.
9. Intellectual Property
All copyright, design right and other intellectual property in any design, specification, process, method of working or other information relating to the Goods or Services (other than that provided by the Customer to the Supplier) shall vest for all time in the Supplier. All Intellectual Property and designs supplied by the Customer shall remain the property of the Customer.
10. Ownership
The Supplier shall maintain complete ownership of any material, work – partial or completed - until it is delivered to the Customer.
11. Paramountcy
These General Terms and Conditions of Quotation and Sale shall constitute the entire agreement between the Supplier and the Customer and no terms, conditions, obligations or other provisions of any nature not contained in these General Terms and Conditions of Quotation and Sale shall be of any effect. For the avoidance of doubt, these General Terms and Conditions of Quotation and Sale shall apply in all circumstances, including where the Customer validly accept this quotation or where the Customer and the Supplier otherwise proceed with carrying out work under the brief, whether or not the Customer, at any time and by any means, purports to impose its own terms and conditions.
12. Governing Law of Contract
These General Terms and Conditions of Quotation and Sale are governed by, and are to be construed in accordance with, the laws of Canada and the parties submit to the non-exclusive jurisdiction of the courts of Canada and any court hearing appeals from those courts.