1. General
a. In these terms of trade “Company” means Langlois Journeymen Electricians*.
b. The “Customer” means the purchaser of goods and services from the Company, whether requested verbally and/or in writing.
c. 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.
d. Any purchases and/or service requests made by the Customer will be deemed to comply with these terms and conditions.
2. Price
a. 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.
b. 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. For greater clarity, the Customer understands and agrees price ruling at the date the goods and/or services are provided by the Company may vary from that of the date the goods and/or services are requested.
c. A vehicle/service charge will be added to all invoices produced by the Company, unless otherwise agreed in writing. This charge covers costs associated with the Company’s vehicle fleet including but not limited to; fuel, road user charges, and general warranty and maintenance costs.
d. Labour costs include any time spent travelling 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
a. 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:
i. the 20th of the month following the date of the invoice’s issuance; or
ii. within 7 days from the date of invoice.
b. The Company reserves the right to request payment for any goods and services prior to commencement of works.
c. The Customer may not deduct, set-off, or withhold any sum of money owing to the Company other than prior approved retentions pursuant to applicable Saskatchewan legislation.
d. 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).
e. In the event of Customer default, the Customer shall be liable to pay all expenses, fees, costs (including legal costs as between solicitor and client) incurred by the Company in relation to the Company obtaining or attempting to obtain a remedy for the Customer’s failure to pay.
f. During any period of time while the Customer is in default on any account with the Company, the Company may, at its sole discretion, suspend or withhold the provision of goods and services to the Customer, without penalty.
*102057046 Saskatchewan Ltd., doing business as Langlois Journeymen Electricians
Contact us:
(306)-850-6228
pjlsparky@gmail.com langloisjourneymenelectricians.com
4. Credit
a. The Company reserves the right to refuse credit at its sole discretion.
5. Orders
a. 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, and these terms and conditions shall supersede any and all correspondence and/or representations, whether written or oral.
6. Suspension or Cancellation
a. 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 understands and agrees they shall be responsible for the payment of such time and expense incurred by the Company.
7. Progress Claims
a. 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, unless expressly stated otherwise in writing by the Company.
8. Disputes
a. The Customer must advise the Company of any dispute relating to their invoice within 7 days of receiving the invoice.
b. 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.
c. The Company reserves the sole discretion and right to elect that a dispute regarding any invoice or any other matter in connection with these terms and conditions be resolved by either:
i. Court proceedings via the Provincial Court or Court of Queen’s Bench: or
ii. Binding mediation and arbitration pursuant to the provisions of The Arbitration Act, 1992 (Saskatchewan) (the “Act”), as from time to time in force or as amended. The arbitration shall be administrated by the Rules of the Court of Queen’s Bench and the Rules of the Court of Appeal for Saskatchewan, in accordance with section 58 of the Act. The arbitration shall take place in Saskatoon, Saskatchewan before a single arbitrator selected by agreement of the parties. Should the parties fail to agree on an arbitrator, the arbitrator shall be appointed by a court of competent jurisdiction pursuant to the Act. The costs of arbitration, including legal fees and disbursements, shall be awarded by the arbitrator in the manner which the arbitrator considers appropriate under the circumstances.
d. The Company shall select one of the two avenues for resolution set out in paragraph 8.c. and notify the Customer of their selection on or before 14 days after receipt by the Company of the Customer’s notice of dispute regarding any invoice or any other matter in connection with these terms and conditions.
*102057046 Saskatchewan Ltd., doing business as Langlois Journeymen Electricians
Contact us:
(306)-850-6228
pjlsparky@gmail.com
langloisjourneymenelectricians.com
9. Quoted Work
a. 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.
b. Quotations exclude Goods and Services Tax, unless otherwise stated.
c. Quotations issued by the Company affected by price variations will be revised and reissued to the Customer.
d. To avoid possible price increases to Quotations, the Company reserves the right to request the Customer purchase materials in advance to ensure quoted rates and/or prices are obtained prior to price variation.
e. Any good and/or materials purchased by the Company as the request of the Customer shall be charged to the Customer at the end of the calendar month of purchase and shall be payable by the 20th of the following calendar month, unless expressly stated otherwise in writing by the Company.
f. Quotations are inclusive of travel time and travel costs.
10. Retentions
a. The Customer must make known to the Company at 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.
b. Unless legislatively mandated otherwise, all retentions must be agreed to by the Company at time of the Customer confirming acceptance of quoted work.
11. Variations
a. 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
a. 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, and until such time that payment in full is made, the Customer hold the goods as bailee and/or trustee for the Company.
b. The Company shall have the right at any time after payment is due, and not made, to enter the premises in which the goods are located, whether occupied by the Customer or not, and take possession of the goods.
c. The Customer shall indemnify and hold harmless the Company for all costs and expenses which the Company incurs in attempting to effect and/or effecting recovery, removal, and possession of the goods.
d. If the Customer is placed in receivership or liquidation, becomes bankrupt or makes an arrangement with the Customer’s creditors then, in addition to, and without prejudice to, any other rights or remedies the Company might have, the following shall occur:
i. All unpaid accounts in respect to the goods and services supplied by the Customer shall become immediately due and payable; and
ii. The provisions relating to the Company’s right of entry, repossession and recovery of goods shall apply.
*102057046 Saskatchewan Ltd., doing business as Langlois Journeymen Electricians
Contact us:
(306)-850-6228
pjlsparky@gmail.com langloisjourneymenelectricians.com
13. Force Majeure
a. 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
a. 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 CONDTIONS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY (A) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS, (B) LOSS OF GOODWILL OR REPUTATION, (C) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY SERVICES, (D) COST OF REPLACEMENT GOODS OR SERVICES, OR (F) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
b. THE COMPANY WILL NOT BE LIABLE IN ANY EVENT IF:
i. THE GOODS AND/OR SERVICES PROVIDED WERE ALTERED OR REPAIRED BY ANY PERSON OTHER THAN THE COMPANY; AND/OR
ii. THE GOODS AND/OR SERVICES HAVE BEEN SUBJECT TO EXCESSIVE WEAR OR TEAR, IMPROPER, OR ABNORMAL USE OR STORAGE.
15. Cap on Monetary Liability
a. IN NO EVENT WILL THE COMPANY’S LIABILITY, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, OR SERVICE PROVIDERS 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:
i. REPLACING OR REPAIRING ANY PART OF THE GOODS AND/OR SERVICE DIRECTLY SUPPLIED AND/OR PERFORMED BY THE COMPANY;
OR
ii. REFUNDING THE PURCHASE PRICE OF GOODS AND/OR SERVICES PROVIDED WHICH THE CUSTOMER IS ENTITLED TO REJECT.
16. Currency
a. Unless otherwise specified in these terms and conditions, 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
a. These terms and conditions set forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
18. Governing Law and Forum
a. 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.
*102057046 Saskatchewan Ltd., doing business as Langlois Journeymen Electricians
Contact us:
(306)-850-6228
pjlsparky@gmail.com
www.langloisjourneymenelectricians.com
19. Severability
a. 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 in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
20. No Waiver
a. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
