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Terms And Conditions |
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Terms
and Conditions at
Klewchuk Construction Ltd.
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This Quotation is based on
government sales tax and import duties as they exist as of the date hereof.
If there is any increase in sales tax, in import duties, or if any new taxes
are levied, the net amount of the increase shall be added to the quotation
price.
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The vendor will remedy any
defects due to faulty workmanship within 5 years from
date of installation on vinyl and moisture shield installations. 60 Mil Membrane
time period on fault of material is 10 years. Aluminum Rail:
10 years on materials, 1 year on workmanship. Other Limitations Apply
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The seller's performance of the
contract shall be subject to fires, strikes, labor disputes, war, civil
commotion, epidemics, embargoes, floods, delays in transportation, shortage
of cards, fuel, or other materials, default or failure of carriers or
contractors, shortage of labor, acts of God, acts demands, requirements, or
request of any state or government or to any other cause beyond the control
of the Seller whether or not of a kind herein before specified
notwithstanding that such cause is operative at the time of making the
contract. If performance of the contract by the Seller be delayed for a
period exceeding 500 days by any such cause either party shall at is
potion be relieved from further responsibility, otherwise the time of
delivery shall be extended as may be necessary to enable Seller to make
delivery; provided that in respect of products manufactured or in process of
manufacture at the date of exercise of the option such relief from
responsibility shall be subject to the consent of the Seller.
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Except to the extent otherwise
agreed, all products shall be delivered in accordance with the manufacturer's
standard practice and shall be subject to the normal tolerances, variations
and limitations in respect of dimensions, weight, straightness, service
conditions, composition, mechanical properties, internal conditions and
quality, to diversions from such tolerances, variations and limitations
consistent with practical testing and inspecting methods, and to the
Seller's regular mill practice of over and under shipment. Neither part of
the contract shall be liable for consequential damages.
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Interest will be charged at the
rate of 2% per month on all overdue accounts. All Returned cheques will be charged a rate of 50.00 plus applicable bank fees, along with the original invoice amount, payable by CERTIFIED CHEQUE or MONEY ORDER ONLY.
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Time is of the essence with
respect to payment, and should the Purchaser make default herein or fail to
comply with any of the terms hereof, or become bankrupt or insolvent, or
sell or dispose of the lands on which said work was performed, the unpaid
balance hereunder shall forthwith become due and payable.
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Payment for Services and Goods:
are to be pre-paid in the following manner:
OPTION A: 1/2 down on order placement, and the remaining 1/2 on start day, by cheque, cash or money order.
OPTION B: use of a credit card to pay; 100% will be authorized on order placement, and deposited on start date.
OPTION C: Request an account. Please contact the sales department at 780-993-1819. - ADDITIONAL CONDITIONS DO APPLY.
You MUST choose which option when placing order. Payment is to made to KLEWCHUK CONSTRUCTION LTD
~Why do we require prepayment? In simple terms, we've been taken advantage of in regards to offering credit to customers. This has resulted in the requirement for prepayment as outlined in the options provided. Should this be a consideration in your decision making process, please accept our FIRM position on this issue. Payment terms are NOT NEGOTIABLE. ~ Thank you.
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Title to, property in and
ownership of the said goods shall remain with the Vendor, at the Purchaser's
risk until all amounts due hereunder, or any renewal or extensions hereof
are fully paid.
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Special rates, terms, and
conditions may govern installation during winter season. Options for Hoarding and Heating may be required, check with the estimator if this is a factor.
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After completion and accurate
measurement: If a greater footage is found to have been supplied
and installed than that calculated, same will be charged for
at the unit price for materials and the charge for installation.
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Purchaser acknowledges being
responsible for all cost incurred by Vendor in collecting outstanding
account including without limiting generality of foregoing administration
costs, disbursements, court costs, witness fees, expert fees, mileage, legal
fees on solicitor/client basis of Vendor, and any other costs whatsoever
incurred by Vendor in collecting Purchaser's account.
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Purchaser is responsible
for obtaining all building and/or development permits.
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Purchaser acknowledges that as a
result of work done by Vendor, that Vendor is entitled to register a
Lien on the title to the Purchaser's property. In the event Vendor registers
a Construction Lien under the Land Titles Lien Act, Purchaser agrees to pay all
Vendor's costs including Vendor's reasonable administrative cost of 65.00 and legal fees.
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Purchaser acknowledges that if
contract is terminated for any reason whatsoever and Vendor has expended
time and materials, crew costs, commissions, administration costs, in
performing same that Vendor shall be entitled to deduct its cost from any
deposit received from Purchaser and if deposit is not sufficient then shall
be entitled to bill Purchaser for differences.
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The Vendor recognizes that the
customer may, for operation convenience, desire to utilize its own form in
acceptance of this quotation or otherwise acknowledge it than by simple
acceptance. Therefore it is understood and agreed that any provision in such
form which modifies, excludes, or contradicts any provision of this
quotation shall be deemed to be waived and that the provisions of this
quotation, by such acceptance, form part of the whole contract between the
parties. A signed contract or Purchase Order or Credit Card imprint/authorization is required in order for
clause 17 to be accepted.
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That Klewchuk Construction Ltd. reserves the
right to accept or reject this contract at its option, for any reason.
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That they received a copy of
their contract.
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That they shall allow Klewchuk Construction Ltd. workmen access to said property to complete this contract, a 110v 30
amp outlet, and an active water tap.
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That the work hereunder may
qualify for a Provincial or Federal grant and it shall be the responsibility
of the Registered Owner to satisfy themselves as to same.
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That Klewchuk Construction Ltd. makes no
representation as to the insulating factor of the material supplied
hereunder.
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That defective materials
existing on the house such as roofing, decking, trough, etc. are not the
responsibility of Klewchuk Construction Ltd. in fulfilling this contract, unless
replacement of said materials are specified as part of this contract.
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