Terms and Conditions of Goods & Service
1. General
- In these terms of trade “Company” means Langlois Journeymen Electricians*
- The “Customer” means the purchaser of goods and services from the Company, whether requested verbally and/or in writing.
- Any goods or services requested by the Customer and supplied or completed by the Company for the Customer will be supplied on these terms and conditions.
- Any purchases and/or service requests made by the Customer will be deemed to comply with these terms and conditions.
2. Price
- The Company’s prices are exclusive of Goods and Services Tax unless otherwise stated by the Company in writing, and the Customer is required to pay GST in addition to the price.
- The Company’s prices are subject to alteration without notice and the price payable by the Customer for the goods and/or services ordered shall be the price ruling at the date the goods and/or services are received by the Customer.
- A vehicle/service charge will be added to all invoices produced by the Company, unless otherwise agreed in writing.
- Labour costs include any time spent traveling to and from the Company’s workshop to the Customer, including any time taken to procure any materials and goods required for the job. Labour costs also include administration in relation to the requested goods and/or services.
3. Payment
- Payment terms will be stated on each invoice rendered by the Company. Unless stated otherwise in writing, all amounts due and owing to the Company are strictly to be paid in full on the earlier of:
- The 20th of the month following the date of the invoice’s issuance; or
- Within 7 days from the date of invoice.
- The Company reserves the right to request payment for any goods and services prior to commencement of works.
- If full payment for any goods and/or services is not made to the Company as set out in paragraph 3.a., then the Customer shall be deemed to be in default of payment and all amounts due and owing to the Company shall accrue interest at the interest rate of 5% per month (60% per annum).
4. Credit
- The Company reserves the right to refuse credit at its sole discretion.
5. Orders
- The issuance of a verbal and/or written order request from the Customer to the Company for the provision of goods and/or services and provision of these terms and conditions by the Company to the Customer constitutes acceptance by the Customer of these terms and conditions.
6. Suspension or Cancellation
- If the Customer requests suspension or cancellation of the services or supply of goods, after the Company has already incurred time and expense in the provision and/or performance of the goods and/or services, the Customer shall be responsible for the payment of such time and expense incurred by the Company.
7. Progress Claims
- For work extending beyond a period of one (1) calendar month, progress payments shall be invoiced to the Customer at the end of the calendar month and shall be payable by the 20th of the month following invoice.
8. Disputes
- The Customer must advise the Company of any dispute relating to their invoice within 7 days of receiving the invoice.
- Should a dispute arise regarding any invoice or any other matter in connection with these terms and conditions, the parties agree that they shall meet and negotiate in good faith to attempt to resolve the dispute.
9. Quoted Work
- Unless otherwise agreed in writing, quotations by the Company for goods and/or services are valid for 30 days from the date of quotation, subject to:
- Supplier availability;
- Supplier price variation;
- Rates of exchange variation; and
- Insurance, freight, duty, taxes variation.
- Quotations exclude Goods and Services Tax, unless otherwise stated.
10. Retentions
- The Customer must make known to the Company at the time of acceptance of quote, the percentage of any retention, if any, intended to be held back during the course of the Company’s provision of goods and/or services.
11. Variations
- Variations in the price of the Company’s goods and/or services shall be invoiced at the end of the calendar month in which they were carried out and shall be payable as set out herein.
12. Property
- All rights of ownership, including legal and beneficial ownership, of goods supplied by the Company shall remain with the Company until payment in full has been received by the Company.
13. Force Majeure
- The Company shall not be liable for any failure to meet its obligations if the failure is brought about by a force majeure circumstance, being any circumstances outside the Company’s control.
14. Limitation of Liability
- IN NO EVENT WILL THE COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, OR SERVICE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH ITS PROVISION OF GOODS AND/OR SERVICES TO THE CUSTOMER PURSUANT TO THESE TERMS AND CONDITIONS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY.
15. Cap on Monetary Liability
- IN NO EVENT WILL THE COMPANY’S LIABILITY FOR ANY LOSS, DAMAGE, OR EXPENSE ARISING DIRECTLY OR INDIRECTLY OUT OF THE COMPANY’S PROVISION OF GOODS AND/OR SERVICES EXCEED THE LESSER OF THE FOLLOWING:
- Replacing or repairing any part of the goods and/or service directly supplied and/or performed by the Company; or
- Refunding the purchase price of goods and/or services provided.
16. Currency
- All references to currency, monetary values, and dollars set forth herein shall mean Canadian dollars and all payments hereunder shall be made in Canadian dollars.
17. Entire Agreement
- These terms and conditions set forth the entire agreement of the parties and supersede all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter.
18. Governing Law and Forum
- These terms and conditions are governed by and construed in accordance with the Laws of the Province of Saskatchewan and the federal Laws of Canada applicable therein.
19. Severability
- To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable.
*102057046 Saskatchewan Ltd., doing business as Langlois Journeymen Electricians