STANDARD TERMS & CONDITIONS OF SALE
These Standard Terms and Conditions are meant to supplement but not supersede the terms and conditions of any competitive bid document, contract, or agreement. In the event of a conflict or inconsistency, the terms and conditions of the competitive bid document contract or agreement, will govern.
Orders: A valid order must be signed, or COI has received your purchase order. 100% payment is required at time of order entry. When commercial terms have been approved a 50% deposit is required unless waived in writing by COI, refer to the Payment Terms and Deposit sections below. 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.
Delays and Storage: Every effort will be made to effect shipment within the time established by mutual agreement between buyer and seller. COI assumes no liability for delay due to causes beyond our control. In the event the buyer requests delivery be postponed beyond the original delivery date, COI will store product at no charge for 5 business days. Beyond 5 business days, storage fees will be applied and Risk of Loss and responsibility for damages shall pass to buyer. Buyer agrees COI is not responsible for concealed damage for any product in storage once Risk of Loss has transferred to the buyer.
Blanket Storage Rates: Short term storage (warehouse) $250/bay/month. Short term storage (trailer) $150/trailer/day.
Additional Work: Any work requested beyond the initial scope of work is subject to time and material rates. A change order is required and must be signed off when new work or product is being added to any job.
Credit: Standard credit terms are Net 30 days for approved credit, for anything greater than $25,000, if not paying 100% upon order, credit application is required on a 50/40/10 schedule, refer to the Payment section below.
Taxes: All orders are subject to federal and applicable provincial taxes. The appropriate tax applies where the product is delivered and installed.
Land Fill Diversion and Sustainability Fee: As part of our commitment to environmental sustainability, a 1% Land Fill Diversion and Sustainability Fee (the "Sustainability Surcharge") is included in the total cost of your purchase. We have intentionally delineated these expenses, rather than incorporating them into the overall pricing structure for our products and services, with the aim of raising awareness and fostering a collective commitment to a cause that resonates deeply with both our organization and the majority of our valued clients. The Sustainability Surcharge is calculated as 1% of the total purchase price before taxes of the product(s) or service(s) provided by COI. For more information on COI’s commitment to environment sustainability, please learn more at www.coi.bz
Invoicing: COI endeavors to coordinate delivery of the product to meet stated schedules. A deposit invoice will be generated upon finalization of an order request and payment required prior to COI placing the order for shipping. 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 manufacturer shipment 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. The following payment terms outlines the requirements for COI orders;
For all orders less than or equal to $25,000 (before tax), a 100% deposit is required to place order.
For all orders greater than $25,000 (before tax), payments to follow a 50/40/10 payment schedule.
50% deposit due on receipt of deposit invoice.
40% Invoiced on manufacturer shipment
10% Invoiced upon delivery and installation
Should there be any outstanding punchlist items at project completion, the Customer can hold up to three (3) times the cost of these items, until the punchlist is complete.
If project is delayed by more than 15 days of original scheduled delivery date, by no fault of COI, the Customer agrees to pay 90% of the total contract price within 1 week of the original delivery date.
COI accepts cheques, Visa and MasterCard. Credit card payments are subject to a 2% administration fee and all Cheques are subject to a $50 processing fee. Payments made after stated terms are subject a 24% per annum charge. Consistently delinquent accounts will be closed. NSF cheques are subject to $50 fee.
Deposits: COI requires a deposit on all orders unless otherwise agreed. The following table outlines the deposits, as outlined in the Payment terms above, required based on the order value;
Order Value ($) Equal to or less than $25,000. 100% Deposit required.
Order Value ($) Greater than $25,000. 50% Deposit required.
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, Edmonton (780) 702-7334, Toronto (416) 364-5111, Vancouver (604) 683-8300, Winnipeg (204) 987-1600