Terms & Conditions
CONTEMPORARY OFFICE INTERIORS LTD.
STANDARD TERMS & CONDITIONS
CONTEMPORARY OFFICE INTERIORS LTD.
STANDARD TERMS & CONDITIONS
These terms and conditions govern the CONTEMPORARY OFFICE INTERIORS LTD. - STANDARD TERMS & CONDITIONS
These terms and conditions govern the sale of products ("Products") by Contemporary Office Interiors Ltd. ("COI”)
Orders: A valid order must be signed or COI has received your purchase order. All orders require a 50% deposit unless waived in writing by COI. COI requires client approval for all product specifications, drawings, and renders if required. Only valid orders will be processed.
Design: Included in the price of COI’s product, unless specified, is the initial drawing and one redraw. Additional design requirements are subject to COI’s design rate. All drawings, specifications, and renderings are the property of COI. Accurate site dimensions are critical, if COI is unable to obtain accurate site dimensions for whatever reason, COI is responsible to notify the client of such and the client will provide COI with the appropriate instructions.
Client Property: COI is not responsible for the disconnection, relocation, or connection of any electronic equipment such as computers, monitors, or phones; this includes power or data cables
Site Conditions: If installation services are being provided by COI, the following provisions will apply: You will be responsible for providing adequate staging areas and facilities for the efficient movement of the Products (including necessary elevator service) and a cleared installation site at the pre-arranged time that is free from debris and interference from other trades or personnel, ready for final installation of the Products in an efficient and continuous sequence. Failure to comply may result in additional charges payable by you. If the site is not ready or any other delay requiring storage of client product, the client will be charged all storage, cross-docking, re-delivery, and remobilization costs as applicable. You shall be responsible for providing, without charge to COI, electrical power, heat, drinking water, sanitary facilities, and security for the installation site during the performance of the installation services.
Additional Work: Any work requested beyond the initial scope of work is subject to time and material rates.
Credit: Standard credit terms are Net 30 days for approved credit, credit application required.
Taxes: All orders are subject to federal and applicable provincial taxes. The appropriate tax applies where the product is delivered and installed.
Invoicing: COI endeavors to coordinate delivery of the product to meet stated schedules. Where a product is installed immediately upon receipt, COI will invoice upon delivery of product to site. When COI is required to hold or store product for any reason, COI will invoice for the product portion immediately upon receipt and will invoice for storage on an ongoing basis until product is installed. Delivery and installation will be invoiced when product is installed.
Payment: Payment terms are net 30 days unless otherwise agreed. COI accepts cheques, Visa and MasterCard. Credit card payments are subject to a 2% administration fee if the invoice amount is greater than $5,000. COI will waive the 2% charge if payment (for any amount) is made within 10 days of the invoice date. There is no fee for deposits paid with a credit card. Payments made after stated terms are subject a 24% per annum charge. Consistently delinquent accounts will be closed. NSF cheques are subject to $50 fee.
Transport and Risk of Loss. COI agrees to deliver the Products to a carrier for transportation to the address specified on the quote. Delivery will be deemed to be complete and you assume all risk of loss from the time the Products are delivered to the appointed site. In no event shall we be liable for any delay in delivery, nor shall the carrier be deemed an agent of COI. Unless otherwise specified on the front side of this invoice, COI shall be responsible for the carrier’s charges for delivery.
Security Interest. COI retains a security interest in the Products delivered to you, and in their accessories, replacements, accessions, and proceeds (collectively, the "Collateral") to secure payment of all amounts due under this Agreement. If you fail to pay any amount when due: COI will have the right to repossess and/or remove all or any part of the Collateral from your site. Any repossession or removal shall be without prejudice to any other remedy to COI hereunder, at law or in equity. You agree, if required, to reasonably assist COI to transfer, create, perfect, preserve, protect and enforce this security interest.
Returns. Products are not returnable without the prior written approval from COI. Our approval may be conditioned upon the repayment of the applicable restocking fee.
Warranty. To the extent same is assignable; we will assign any express warranty granted by the manufacturer of the Products. You must maintain your invoice for warranty verification. COI DOES NOT WARRANT THE PRODUCTS IN ANY MANNER WHATSOEVER, AND NO WARRANTY, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, IS MADE BY COI. Within 5 days of delivery, you will inspect the Products and provide COI with written notice of any non-conformities, defects, errors, or shortages. Failure to advise us in writing within such time period will be deemed to be acceptance of the Product and a waiver of any claim arising out of such non-conformity, defect, error or shortage. COI does warranty the installation of all product for 1 year.
Limitation of Action and Liability. No action by you may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. The liability of COI hereunder for all claims shall not exceed the sum of your payments for the Products, which are the subject of the dispute. COI assumes no liability for consequential damages, anticipated or lost profits, incidental damages, loss of time, or other losses incurred by you or any third party in connection with the Products.
Force Majeure. Except for the payment of money, neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, labor disruption, embargo, inability to obtain materials or facilities from normal sources, government requirement, civil or military authority, act of god, act or omission of carriers or other similar causes beyond its control.
General. The construction, interpretation, and performance of this Agreement and all transactions under it shall be governed by the laws of the Canada and the Province of where the Products were installed. No course of dealing or failure of either party to strictly enforce any term, right, or condition of this Agreement shall be construed as a waiver of that term, right, or condition. This Agreement shall constitute the entire Agreement between the parties with respect to the subject matter of this Agreement and shall not be modified or rescinded, except by a writing signed by COI and you. The provisions of this Agreement supersede all prior oral and written quotations, communications, requests for proposals, public tender terms and conditions, agreements, and understandings of the parties with respect to the subject matter of this Agreement. COI assumes the right to assign this Agreement and amounts due hereunder to our supplier(s) or their nominees.
If you have any questions regarding our terms and conditions or anything else about your order, please contact us at Calgary (403) 265-1133, Winnipeg, (204) 987-1600, Edmonton (780) 702-7337.