Terms and Conditions:

General    

 

    1. All orders are accepted and delivered only subject to these terms and conditions of sale. Should a contradiction exist between the buyer’s and seller’s terms and conditions of sale, the seller’s terms and conditions of sale will govern. In addition, all sales will be in accordance with the laws of the British Columbia.

    2. The agreement for material supply must be initiated by the purchaser in the form of a Purchase Order confirmed by U-kon Facade Systems.

The purchaser confirms the acceptance of U-kon Facade Systems Terms and Conditions of sale, which prevail over any contradicting stipulation contained, explicitly or implicitly, in the contractual documents issued by the purchasing party. Any deviation from the provisions of the present Terms and Conditions of sales, resulting from direct negotiation with the customer, must be confirmed in writing by U-kon Facade Systems before being considered valid.

 

Pricing and Orders    

    

    1. Prices exclude all taxes FOB Vancouver BC. Customer will pay in addition to the prices quoted, the amount of any applicable sales, use, excise or other similar tax and any duties as required to be collected by U-kon Façade Systems, or in lieu thereof customer will provide U-kon Façade Systems with a tax exemption certificate acceptable to the taxing authorities. 

    2. Non-stock orders are on a custom or ‘made to order’ basis, therefore a deposit is required prior to order. Payment of invoices for the balance of the order is due two days before the goods arrive. Payment delays due to buyer’s project delays or any other circumstances are not acceptable. Invoices for stock items are due upon receipt, unless otherwise specified. No product modifications or alterations will be done until the order has been paid for. 

    The seller reserves the right to charge interest on overdue amounts at the rate of 2% per month or 24% per annum. In addition, to interest, payments returned due to insufficient funds (i.e. “NSF”) will be charged an additional $100 to cover bank fees and accounting time required as a result of the NSF. A replacement payment is due immediately by wire transfer or certified cheque. 

    3. All orders are to be picked up by the buyer upon arrival at agreed upon destination. Orders not picked up within 2 business days of arrival will incur storage and handling fees. Deliveries arranged by the seller for the buyer will be during regular business hours. Title to the goods shall pass upon receipt of the final payment or upon delivery to the carrier at the point of shipment. Seller will not be held responsible for damage caused by improper transportation and/or storage from the point of ownership transfer to the customer (refer to manufacturer’s instructions for further detail). 

    4. Orders are not subject to change, cancellation or suspension without the U-kon Facade Systems written consent. 

    5. The U-kon Facade Systems may, at any time, change or suspend credit, stop shipments and cancel outstanding orders when, in its opinion, the financial condition or credit account with the buyer, warrants it.

 

Delivery and Shipping

 

    1. U-kon Facade Systems shall not be liable for any delay in delivery due to any cause beyond U-kon Facade Systems's control including, but not limited to, governmental action, strikes or other labor disputes, fire, damage or destruction of goods, manufacturers’ shortages, inability to obtain materials, fuels or supplies, acts of God, or any other cause whatsoever beyond U-kon Facade Systems's control. If shipping is not included in the order, pick up from U-kon Facade Systems facility in Vancouver, BC, Canada, can be scheduled during normal business hours.          2. All returns must be received in the same condition as it left our warehouse. A 30% restocking fee will be applied to all returns. This restocking fee can be reimbursed in full, as a credit on any new order that occurs within 60 calendar days of the return.

    3. Should the purchaser postpone delivery dates after orders are released for manufacturing, all cost incurred due to storage of special finishes, materials-in-process, or finished goods may become subject to charged extras to the contract.

 

Limitation of liability

 

    1. Purchaser acknowledges and agrees that U-kon Facade Systems shall have no responsibility or liability for any damages that might result from the improper installation of products supplied by U-kon Facade Systems, or if the project or building, including backup studs or other substrate to which the cladding supports are fastened, is improperly designed so as to affect the performance of supplied products, where such improper installations or designs affect the performance of supplied products

    2. The U-kon Facade Systems's liability for defective material shall be limited to the replacement of the materials, as ordered, only.

    3. Notice of damaged packaging must be made by the buyer to the U-kon Facade Systems in writing upon receipt of the shipment by the buyer. The U-kon Facade Systems will authorize the return of the material in writing if, after inspection and in its opinion, the material is defective or damaged. Failure to give notice within three (3) days shall constitute an absolute and unconditional waiver by the buyer.

    4. Purchaser shall indemnify the U-kon Facade Systems against any damages including costs, expenses and penalties for a use for which the products were not intended.   

 

Disputes

 

    1. The Order and these terms and conditions shall be governed and interpreted under the laws of the Province of British Columbia, Canada. Unless otherwise specifically provided herein, all claims of any nature, whether in contract or in tort, must be asserted within one (1) year from date of delivery of the products. All claims or disputes between the parties hereto are subject to either judicial resolution in a court of competent jurisdiction in the Province of British Columbia or shall be decided by a single arbitrator in accordance with the rules for commercial disputes of the Commercial Arbitration Act. U-kon Facade Systems shall have the sole discretion as to whether the dispute will be handled through the courts or through arbitration and shall make its selection within thirty (30) days of written notice of a claim or dispute.

    2. To the extent a legal claim is made against U-kon Facade Systems arising from or relating to any Order or products supplied, whether based on breach of contract or warranty, negligence, or any other basis, U-kon Facade Systems shall not be liable for any indirect, consequential or incidental damage or for any delay damages.

 

Engineering

 

    1. Unless otherwise specified in the Order, the Purchase Price therein shall not include the provision by U-kon Facade Systems of shop drawings, engineering, installation services, field review or shipping. Such additional items may be provided by U-kon Facade Systems for an additional charge. If shop drawings (ONLY shop drawings without field review) are provided by U-kon Facade Systems with respect to any Order, then such shop drawings shall take precedence over any other drawings, specifications or other requirements provided by, or on behalf of, Purchaser. In the event Purchaser does provide any drawings, details, specifications or other requirements, U-kon Facade Systems assumes no liability whatsoever for its interpretation thereof and Purchaser’s acceptance of the shop drawings must be based on final approval by Purchaser or architects, engineers or other third parties retained by Purchaser.

 

Warranty

 

    1. Unless otherwise stated in the quote or specific warranty letter. U-kon Facade Systems hereunder will be free of defects in workmanship under proper and normal use for a period of 3 years from date of shipment. Should any failure to comply with this warranty appear within this period, U-kon Facade Systems agrees, upon prompt notification thereof, and confirmation that the product has been stored, installed and maintained in accordance of the recommendation of U-kon Facade Systems, to correct the defect by either repairing the defective product or replacing. The foregoing shall constitute the Purchaser’s executive remedy and fulfilment of U-kon Facade System’s liability with respect to its products.

2. The foregoing warranties are exclusive, and remedies provided for breach thereof are likewise exclusive. All other warranties whether expressed or implied, arising through the course of dealings, usage or trade or otherwise is excluded. There are no implied warranties or merchantability of fitness of purpose. U-kon Facade Systems shall not be liable for any consequential damages such as loss of profit or revenue, downtime costs, costs associated with the removal or reinstallation of its products or claims on third parties against the purchaser. 

3. U-kon Facade Systems has no liability for any and all cost expenses, judgments, and losses for alleged infringements of any patents or other proprietary rights which results from the compliance with purchaser’s designs, specifications or instructions.