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Terms & Conditions

Applies to all sales, service, labour, parts, rentals, projects, installations, and related transactions.

1. Definitions

  • Provider: The entity supplying goods, equipment, labour, rentals, or services.

  • Customer: The purchaser, renter, or recipient of goods or services.

  • Goods: All equipment, parts, materials, or products supplied.

  • Services: All labour, technical services, installation, maintenance, or project work.

2. Application & Acceptance

These Terms & Conditions (the “Terms”) apply to all quotations, orders, work orders, rentals, deliveries, and invoices. Acceptance of Goods or Services constitutes acceptance of these Terms. Any Customer terms are rejected unless expressly agreed to in writing by the Provider.

3. Quotations & Pricing

  • Quotations are valid for thirty (30) days unless stated otherwise.

  • Prices exclude taxes, freight, duties, permits, and third-party costs unless expressly included.

  • Pricing may be adjusted for changes in scope, site conditions, schedules, labour rates, or material availability.

4. Payment Terms

  • Net thirty (30) days from invoice date, subject to approved credit.

  • Overdue amounts accrue interest at 2% per month (24% per annum).

  • The Provider may require deposits, progress billing, advance payment, or security at any time.

  • Credit card processing fees may apply.

  • The Provider may suspend or terminate work, deliveries, or rentals for non-payment without liability.

5. Title & Risk of Loss

  • Title to Goods remains with the Provider until paid in full.

  • Risk of loss transfers to the Customer upon shipment or delivery, whichever occurs first.

6. Inspection, Delivery & Transit Claims

  • Goods must be inspected immediately upon receipt.

  • Shortages, damage, or errors must be reported within 48 hours.

  • Transit damage must be noted on delivery documents and claimed directly with the carrier.

7. Returns & Restocking

  • No returns on custom-built, special-order, or modified items.

  • Stock items may be returned only with prior written authorization.

  • Restocking fees up to 25%, plus freight, may apply.

  • Returned items must be unused, in original packaging, and saleable condition.

8. Warranty

  • Manufacturer warranties apply where applicable and are exclusive.

  • The Provider warrants its workmanship for one (1) year from completion where failure is due solely to defective workmanship.

  • Warranty excludes misuse, improper installation by others, lack of maintenance, site conditions, or normal wear.

  • Labour, access equipment, travel, and removal/re-installation related to warranty claims may be billable.

9. Projects & Services

  • Schedules are estimates only and subject to site conditions, material availability, and force majeure.

  • The Provider may issue change orders for scope changes, unforeseen conditions, or Customer-requested changes.

  • Additional work will be billed at prevailing rates unless otherwise agreed in writing.

10. Rentals (Where Applicable)

  • Minimum rental periods may apply.

  • Rental period begins upon dispatch or possession and ends upon return and inspection.

  • The Customer is responsible for proper use, maintenance, loss, theft, and damage during the rental period.

  • Equipment remains the property of the Provider at all times.

  • No subleasing, relocation, or modification without written consent.

11. Insurance & Indemnity

  • The Customer shall maintain adequate liability and property insurance.

  • The Customer shall indemnify and hold harmless the Provider from all claims, damages, losses, or expenses arising from possession, use, transport, installation, or operation of Goods or Services, except to the extent caused by the Provider’s gross negligence or wilful misconduct.

12. Limitation of Liability

To the fullest extent permitted by law:

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  • The Provider shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, downtime, or business interruption.

  • The Provider’s total liability shall not exceed the amount paid for the specific Goods or Services giving rise to the claim.

13. Force Majeure

The Provider shall not be liable for delays or failure to perform due to events beyond its reasonable control, including labour disruptions, supply chain interruptions, acts of God, weather, governmental actions, or transportation delays.

14. Default & Remedies

In the event of default, the Provider may declare all amounts immediately due, suspend performance, repossess equipment, and pursue all remedies available at law or equity.

15. Confidentiality

Commercial, pricing, and technical information is confidential and shall not be disclosed without consent.

16. Governing Law

These Terms are governed by the laws of the province in which the transaction is performed and the applicable federal laws of Canada.

17. General

  • These Terms constitute the entire agreement governing the transaction.

  • If any provision is held unenforceable, the remainder shall continue in effect.

  • Failure to enforce any provision is not a waiver.

  • These Terms may be amended by the Provider from time to time and apply as of the transaction date.

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