At Quadra Concrete Equipment Inc., we are committed to providing our clients with exceptional products. As providing these products, involves the following Terms and Conditions for a Supply Only contract. These Terms and Conditions are binding for all Contracts and subsequent transactions between Quadra and its Customers.
Definitions
‘Acknowledgement of the Quotation’ means the express direction to proceed with supply of the Goods set out in the Quotation, in whichever form received from the Buyer; verbal, written in hardcopy or digital form (email), or purchase order number or documentation.
‘Seller’ means Quadra Concrete Equipment Inc.
‘Buyer’ means the ‘person’ ‘firm’ or ‘company’ named in the Quotation or Invoice as the customer.
‘Contract’ means the contract for the supply of the Goods, consisting of the Quotation, any Acknowledgement of the Quotation, if relevant, (and any documents referred to therein) and these Conditions.
‘Goods’ means the Goods which the Seller is to supply as set out in the Quotation.
‘Quotation’ means the Seller’s quotation for the Goods.
‘Invoice’ means the Seller’s invoice for the Goods.
Specifications
The Buyer shall be responsible to the Seller for providing the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. Specifications in drawing form provided to the Buyer by the Seller for approval, must be approved to proceed with the next phase of production. The Buyer is responsible for identifying any issues with the specifications. The quantity, quality, and description of and any specification for the Goods shall be those set out in the Quotation or Invoice and unless otherwise expressly set out therein the Seller gives no warranty that the Goods will conform to any particular standard specification or test.
Supply Only
The Seller supplies Goods to the Buyer as ‘supply only’ and is not responsible for the Goods once the Buyer takes possession and with the following exclusions. The Seller does not supply wiring, electrical, water nor air piping. The Seller is not responsible for the commissioning, install nor start-up of any manufactured or third-party Goods, nor the downtime related to challenges, nor the potential damage that could arise from the install of Goods by the Buyer or a contracted third-party. Install of third-party Goods should follow the manufacturer’s guidelines provided with the Goods. The Seller will provide General Assembly and Footprint Layout drawings for manufactured Goods, these do not include Shop Drawings or Foundation Design, as Shop Drawings are proprietary to the Seller, and Foundation Design is the responsibility of the Buyer. At the request of the Buyer and at the Seller’s discretion, the Seller can provide Engineer Certified or Stamped drawings at an additional cost. The Quotation and Goods exclude any other documentation not listed.
Contract & Deposits
There is a minimum Contract (order value) requirement of $250 in whichever currency quoted on all Parts. 50% deposits are required on Parts Contracts over $4,000 CAD. There is a minimum Contract (order value) requirement of $5,000 in whichever currency quoted on all Projects. Deposits are required on Projects Contracts, which are subsequently progress billed, with a final invoice due prior to the final shipment. The billing schedule is indicated on the Quotation.
Payment
Terms of payment are indicated on the invoice. The Seller reserves the right to add a late charge of 2% per month on the unpaid balance if payment is not received within the payment terms of sale. In the event the Seller places the account with an attorney at law for collection, the Buyer agrees to pay the cost of the collection together with any attorney fee for Quadra’s attorney in the amount of 15% of the amount due.
Quotation & Price
The Quotation is firm for the number of days indicated on the RFQ and thereafter are subject to change without notice; provided, however, notwithstanding the foregoing, The Quotation may also be changed or modified by Seller at any time without notice due to cost increases (1) of imported goods, (2) of raw materials or supplies, or (3) based upon increases in import or export tariffs, trade disputes, currency fluctuations, pandemics or world events.
Taxes
The Quotation includes any applicable sales taxes. The Seller will collect any such taxes that it is required to collect unless the Buyer provides to the Seller an acceptable sale and use tax exemption certificate.
Acceptance
All Contracts are subject to acceptance by the Seller and subject to Seller’s ability to deliver. If in Seller’s judgement reasonable doubt exists as to the Buyer’s financial responsibility, or if the Buyer is past due in payment of any amount owed to the Seller, the Seller reserves the right, without liability and without prejudice to any other remedies, to suspend performance, decline to ship, or stop any material transit, until Seller receives payment of all amounts owing to Seller, whether or not due, or adequate assurance of such payment.
Delivery & Shipment
FOB Surrey, B.C., price for Goods excludes delivery unless otherwise expressly indicated. The Seller is not responsible for damaged or lost Goods during shipping. It is the Buyer’s responsibility to organize shipping insurance if desired.
Loss, Damage, Or Delay
Seller shall not be liable for loss, damage, or delay resulting from causes beyond its reasonable control (such as strikes or labour difficulties, lockouts, acts or omissions of any governmental authority or buyer, insurrection or riot, war, acts of terrorism, computer viruses, fires, floods, financial or economic crisis, acts of god, pandemics or disease outbreaks, breakdown of essential machinery, accidents, embargoes, material shortages, delays in transportation, damage to Goods while in transit, or inability to obtain labour, materials or parts from usual sources with respect to the Goods) and delays in delivery will not be considered as cause for claims of charge backs. In the event of any delay due to any action of governmental agencies, or any laws, rules or regulations of any governmental agency, Seller (at its option) may cancel buyer’s order without liability.
Limited Product Warranty
Goods manufactured by the Seller are warranted for a period of one (1) year from date of shipment against defective materials and workmanship (the “Warranty Period”). This limited warranty does not extend to labour charges or other costs related to the removal and/or replacement of defective goods or services. Any technical advice or services furnished by the Seller with respect to the Goods is given without charge at the Seller’s discretion, and Seller assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Buyer’s sole risk and expense.
Warranty Exclusions
Notwithstanding Seller’s Limited Product Warranty, the warranty excludes Goods that have been or are (1) wear and tear, (2) damaged by accident, corrosion, the elements, abuse, misuse, misapplication, vandalism, negligence, improper transportation, handling, storage, use or lack of proper and reasonable maintenance, or (3) altered in any way. The Seller is not responsible for parts provided by other manufacturers. Goods provided by other manufacturers must be used following the manufacturer’s guidelines and that manufacturer’s warranty shall apply to those Goods. The Seller makes no warranty, express or implied, of any kind or nature with regards to third-party Goods.
Exclusive Remedy
Buyer’s exclusive remedy and Seller’s only liability arising out of this contract, shall be replacement or repair of the Goods or return of the purchase price paid by buyer, whichever such remedy the Seller shall select. If the Seller elects to repay the purchase price, the Buyer must return the Goods to Seller immediately. The foregoing is the Buyer’s sole exclusive remedy for any defect, non-conformity, failing or shortcoming of the Goods and no claim, whether based on contract, tort (including but not limited to, negligence), strict liability or any other theory of recovery shall be honored by or enforceable against the Seller which exceeds in amount or scope such exclusive remedy. In no event shall the Seller be liable to the Buyer or anyone else for the cost of any labor expended on the Goods or for any indirect, incidental, or consequential damages.
Limitation Of Claims
Failure of the Buyer to give notice of any claim for breach of warranty within ninety (90) days after the defect in the Goods are discovered or reasonably should have been discovered by the Buyer or the expiration of the Warranty Period, whichever is earlier, shall constitute an unqualified waiver by the Buyer of all claims with respect thereto, including the right to receive a refund of or credit for the purchase price or repair or replacement of the Goods.
Inspection & Rejection of Non-Conforming Goods
The Buyer shall examine the Goods hereunder upon its receipt of the Goods and shall promptly notify the Seller in writing of any shortage, loss, or damage apparent under reasonable examination. Failure by the Buyer to send such notification to the Seller within seven (7) days after the Buyer’s receipt of the Goods shall constitute acceptance of such Goods and an absolute and unconditional waiver of all claims for such shortage, loss, or nonconforming Goods.
Abandoned Goods
The Seller will not hold stock beyond 30 days after packing date notified to the Buyer. The Buyer’s Goods must be picked up during this period. The Seller shall not accept responsibility for abandoned items. At the end of 30 days, the Seller will discard all remaining items, and no refunds will be issued.
Return of Goods
The Seller does not offer exchange or return. In no case may Goods be returned without the Seller’s prior written permission. Goods returned in conformity with the above Limited Product Warranty must be shipped with transportation charges prepaid and must be accompanied by an explanation, reasonably satisfactory to Seller, of the nature of the asserted noncompliance with Seller’s Limited Product Warranty.
Cancellation
The Contract may not be cancelled or countermanded without the Seller’s approval. All Contracts cancelled are subject to cancellation charges. Charges shall range from 10% to 100% rate determined by the Goods and work completion.
Intellectual Property
The Buyer undertakes not to copy, produce, make, modify or manufacture or assist any other party to copy, produce, make, modify or manufacture the Goods or any part thereof or any literature or media related thereto for use, sale or any other purpose. The Buyer shall preserve the confidentiality of the Seller, its Goods, trade secrets, designs, marketing, strategies, customers, suppliers, and all other confidential or propriety information the Seller comes into possession of, according to the terms of this Contract.
Entire Agreement
The Contract acknowledged hereby is subject to the terms and conditions contained on this document and the acceptance of this Quotation and subsequent Invoice shall be binding unless in writing and signed by an executive officer of the Seller.
Governing Law
These Standard Terms and Conditions of Sale shall be construed and enforced in accordance with the internal laws of the Province of British Columbia.
Questions or Concerns:
Contact information for Quadra Concrete Equipment Inc.: +1.866.320.5366 or info@quadraconcrete.com