TERMS & CONDITIONS

1.      WARRANTY

1. Warranty shall be applicable for 1 (one) calendar year from the date of Substantial Completion for all work installed by CDN Controls Ltd., under the Contract(s) agreed upon.
2. CDN Controls Ltd. must be notified of all required warranty work.
3. CDN Controls Ltd. reserves the right to repair all warranty work that may arise throughout the warranty period.
4. CDN Controls Ltd. will not be held accountable for warranty work done by other Contractors during the warranty period.
5. All modifications, alterations, additions, demolitions, or any tampering with the installation unless completed by CDN Controls Ltd. under the Contract(s) shall void the Warranty.
6. All modifications, alterations, additions, demolitions completed by CDN Controls Ltd. under the Contract(s) shall have a 1 (one) calendar year warranty on the Warranty modifications only. This Warranty shall not apply to the original installation.

2.     PAYMENT TERMS

1. Payment Terms for all work shall be net 30 (thirty) days from the date of invoice, unless otherwise agreed to and noted in the Contract(s). In the event, that the Owner fails to pay within 30 days, CDN Controls Ltd. reserves the right to stop work on all Contract(s) with the Owner until all outstanding invoice(s) are paid in full.
2. All payments shall be in Canadian Dollars.
3. CDN Controls Ltd. is required to charge applicable federal, provincial, and local taxes and levies on every item for which a sales tax exemption certificate or appropriate number has not been provided. All quoted costs exclude the applicable taxes or levies as per the quotation letter.
4. All payments shall be made out to: CDN Controls Ltd.
5. All holdbacks shall be paid in full within 45 (forty-five) calendar days from the date of the Project Substantial Completion Sign-Off, delivery of QA / QC Documentation, delivery of As-Built Drawings and Final Contract(s) Invoicing.

3.    INVOICING TERMS

1. All Invoicing shall be dated, addressed, and sent as per the invoicing procedures in the Contract documents.
2. CDN Controls Ltd. reserves the right to progress bill weekly, bi-weekly, monthly, or upon completion on all installations unless otherwise agreed to and noted in the Contract(s).

4.    QUOTATION VALIDITY

1. All quotes shall be valid for a period of 30 (thirty) calendar days from the date the quotation was submitted. CDN Controls Ltd. reserves the right to withdraw or re-quote the installation after 30 (thirty) calendar days.
2. All quotes that are based on “Issued for Bid (IFB)” drawing package(s) shall be subject to cost impacts after a careful review of the “Issued for Construction (IFC)” drawing package(s). CDN Controls Ltd. shall revise its quotation based on all changes from the IFB drawing package(s) to the IFC drawing package(s). If there are no changes from the IFB drawings to the IFC drawings, then there will be no cost adjustment.
3. All quotations are strictly confidential and are intended for the person and company as per the quotation letter.
4. Any alterations or changes to CDN Controls Ltd. quotation made by anyone other than an authorized CDN Controls Ltd.Representative shall void the quotation.
5. Pricing is based on the assumption that the communications from the existing server and radio network is functional and new software will ensure as good or better communications.

5.    CONFIDENTIALITY AGREEMENT

1. Any information, documentation, or correspondence between CDN Controls Ltd. and the EPCM or the Owner shall be held in the strictest of confidence and shall not be distributed without CDN Controls Ltd. written consent.

6.     FORCE MAJEURE

1. CDN Controls Ltd. shall not be liable for any delay in, or impairment of performance resulting in whole or in part from fires; floods; accidents; riots; acts of God; war invasion; sabotage; governmental interference; strikes; labour difficulties; labour, fuel, power, materials or supplies shortages; or any other causes beyond reasonable control CDN Controls Ltd. in the conduct of its business.

7.     GENERAL

1. All Contract(s) set forth with CDN Controls Ltd. shall bare the signature of an authorized CDN Controls Ltd. Representative and an authorized Representative of the Owner.
2. CDN Controls Ltd. shall require a valid Purchase Order bearing the signature of an authorized representative of the Owner for all Contract(s), master service agreement(s) and project award(s).
3. Any Cancellation of Contract(s) set forth with CDN Controls Ltd. shall have the approval of CDN Controls Ltd. and may be subject to restocking and other charges incurred during the work performed for the Contract(s).
4. These Terms and Conditions shall be supplementary to the Contract(s). Any discrepancies from the Contract(s) to the Terms and Conditions, the Contract(s) shall govern.  In the event, that there are any discrepancies between the Contract(s) and the project clarifications, the clarifications shall govern.  Signing into a Contract(s) with CDN Controls Ltd. acknowledges that you have reviewed and agree to these Terms & Conditions. If an MSA is in place between the Client and the Contractor, the MSA will supersede the above Terms and Conditions.