- General: These Terms and Conditions (“AGHS/ACi’s Terms and Conditions of Sale”) shall apply to any contract for the sale of goods (‘Goods’), services (‘Services’), or a combination of both Goods and Services. AGHS/ACi’s Terms and Conditions are to be incorporated into and deemed to be an actual component of any of the following documents: (a) any bid, quote, response to a request for quote, letter, proposal, or any offer for a sale of Goods and/or Services by authorized AGHS/ACi personnel to a potential buyer; (b) any form of order acknowledgement by AGHS/ACi; and (c) any invoice or analogous document submitted by AGHS/ACi for the sale of Goods and Services. These Terms and Conditions supersede all other prior understandings, commitments, and representations, whether oral, written, or other concerning the subject matter of these Terms and Conditions. Each party acknowledges that the other party has not made any binding representation other than those provided in this Agreement. These Terms and Conditions are not to be modified or altered without the explicit written consent of AGHS/ACi. Any effort to so alter or in any way change the Terms and Conditions of Sale as outlined by AGHS/ACi shall be construed as a material alteration of the contract for the sale of Goods and Services and will not be binding upon AGHS/ACi.
- Definitions: Unless otherwise stated, any capitalized terms will have the meaning ascribed to them in the quotation, order acknowledgement, or invoice (‘Purchase Documents’). The Purchase Price refers hereinafter to the price for Goods and/or Services as set out int he Purchase Documents and which have been agreed to by the Buyer. ‘Authorized/Certified’ AGHS/ACi personnel are those deemed, by the ownership group of AGHS/ACi, to be those empowered to represent it in dealings with the Buyer.
- Changes to Specifications: Any changes to original specifications upon whose basis an accepted proposal or order acknowledgement is based will not be considered valid unless approved in writing by a certified representative of AGHS/ACi. Any deviation, if accepted by authorized AGHS/ACi personnel, shall be executed solely upon the Buyer’s written approval. The scope of work described in this quotation represents the nature and extent of work AGHS/ACi will agree to perform under a resulting contract. Any changes or alterations to these specifications are to be set out in a change order (see Appendix 1) and may result in a corresponding change in the Purchase Price at the discretion of AGHS/ACi. If the Buyer delays the approval of drawings by more then 5 days, requests a delay in fabrication of Goods after an approval of drawings, or changes any specifications after approval of drawings, AGHS/ACi may invoice the Buyer for any Services performed and AGHS/ACi can, at its discretion, amend the Purchase Price, charge additional fees, and/or change the delivery date. Furthermore, if the Buyer either by action or omission thereof delays the onset of work, AGHS/ACi reserves the right to perform any necessary tasks at standard rates of expense.
- Pricing:
- All pricing is subject to final design and engineering. The specifications provided have been reviewed and quoted by representatives of AGHS/ACi to the best available options within the available product line(s). Equivalent alternatives may be quoted for customer review whenever possible and where not possible, AGHS/ACi will make effort to note such exceptions. Prices subject to change without notice.
- The customer must review and confirm all quoted Goods and/or Services meet their requirements. AGHS/ACi will not be held responsible in cases where improperly sourced and reviewed Goods and/or Services are deemed unsuitable to customer requirements.
- All material and labour amounts are quoted in Canadian funds. Some Goods may be imported from the United States of America (‘US’) and the price of said Goods is based on a dated exchange rate. This rate is stipulated into the quotation and shall be adjusted accordingly upon the day the material is imported from the US.
- AGHS/ACi retains ownership of Goods included in the quotation until final payment is received in full. Until the Purchase Price is received in full, AGHS/ACi may seek damages from the Buyer if said Buyer does not take appropriate and reasonable care of products sold.
- Payment Schedule: Unless explicitly stated otherwise, invoices for Goods sold will become payable to AGHS/ACi upon delivery of said Goods, regardless of the date of installation. Upon accepting this quotation, the owner agrees to pay according to the following schedule:
- The deposit noted in the quote is due immediately upon accepting this quotation.
- Deposits will be deducted from progress invoices on a pro-rata basis unless otherwise noted.
- Full payment for materials (incl. exchange rate adjustments) upon delivery from the factory.
- Full payment upon completion of any foundation work.
- Partial payment for labour on projects lasting over two weeks’ time.
- Full payment upon work completion.
- Accounts not paid in full within 30 days will be charged arrears interest at a rate of 26.82% APR compounded monthly (2% per month)
- Price Fluctuation: The Purchase Price outlined in this quotation is based on best available discounts offered by AGHS/ACi suppliers. Discounts are calculated based on prompt payment from the Buyer. In the event the Buyer fails to meet the outlined payment schedule, AGHS/ACi reserves the right to adjust the Purchase Price outlined in this quotation. AGHS/ACi also remains entitled to adjust the Purchase Price by an amount in proportion to the increase in the cost of raw materials, shipping, labour, and/or of third-party goods or equipment included in the Goods or Services.
- Exclusions: Unless stipulated otherwise in this quotation, the following are excluded from this proposal (listed exclusions are not exhaustive):
- Site preparation
- Gravel (and ground levelling)
- Concrete and/or pumping
- Permits
- Crane
- Electrical Work
- Engineering costs
- Gas line work (LP or NG)
- Room and board (hotels, etc.)
- Taxes: All applicable duties and taxes are extra and not included in this quotation.
- Insurance: Buyer shall obtain liability and all-risk insurance on the Goods being sold and said insurance shall be effective at a date no later than the time the Goods are delivered to site. If AGHS/ACi is to warehouse materials received from the manufacturer prior to installation, the Buyer is responsible for securing and maintaining any and all insurance coverage on said materials. AGHS/ACi is not responsible for damage to warehoused materials caused by floods, fires, earthquakes, acts of God, or other factors beyond the reasonable control of AGHS/ACi. AGHS/ACi recommends taht soil and ground analysis be performed, at the Buyer’s expense, prior to the installation of the said materials. AGHS/ACi will not be held responsible for damages resulting from ground conditions. Buyer shall ensure that all its, and its contractors’ employees on site, are properly insured for their acts or omissions. Builder’s Risk Insurance is the sole responsibility of the Buyer. If required, job bonding is provided by AGHS/ACi at the Buyer’s expense.
- Workmanship: All work undertaken by AGHS/ACi representatives will be performed in accordance with industry best practices and shall carry the same warranty as that specified by the manufacturer of said materials. AGHS/ACi will provide to the Buyer basic operational and start-up training for equipment sold for a period lasting not more than one year after the date of installation. If required, the Buyer may request additional services in a separate proposal containing explicit instructions detailing the start-up, training, or commissioning instructions required. Our applicable rates are as follows:
| Project Services | Costs/Hr (CAD) |
| Project Manager | $ 120.00 |
| Supervisor | $ 105.00 |
| Project Coordinator | $ 90.00 |
| Lead Hand | $ 108.00 |
| Mechanical Millwright | $ 100.00 |
| Labourer | $ 70.00 |
| Electrician | $ 95.00 |
| Dryer Technician | $ 120.00 |
| Engineering/Design and Automation | Costs/Hr |
| Senior Engineer | $ 177.00 |
| Junior/Design Engineer | $ 100.00 |
| Additional Expenses | Costs/Hr |
| Accommodation/Per Diems/Parking Permits/Etc | Cost+10% |
| Rentals and Consumables | Cost+15% |
| Fuel Surcharge | 0.80/km |
| Administration Fee | $ 64.00 |
| Minimum Call-in | 4 hours |
*Work will be billed at overtime or ‘time+1/2’ after 44 hours per week and/or all-day Saturday.
**Work will be billed at double time on Sundays and Statutory Holidays.
11. Reimbursement for Equipment: Under no circumstances will AGHS/ACi reimburse the Buyer for costs associated with equipment which was not purchased from AGHS/ACi. AGHS/ACi assumes no responsibility for damage to equipment stemming from improper use, malfunction, or other error. In the event purchased equipment is returned, AGHS/ACi reserves the right to charge an additional restocking fee of 25% of the invoiced price.
12. Warranty: All materials sold carry a limited warranty against defects as specified by the manufacturer. In the event such defects are found with the materials sold, the sole responsibility of AGHS/ACi will be limited to replacing said material(s). Under no circumstances will AGHS/ACi be responsible for direct or indirect costs associated with delays, loss of revenue, or any other conditions outside the reasonable control of AGHS/ACi. Only manufacturers’ warranties specifically detailed and acknowledged in the project scope are considered valid. AGHS/ACi does not consider other warranties verbal or otherwise, applicable. Warranties are valid only if the payment schedule is followed. If payments are in arrears, AGHS/ACi will no recognize warranty claims. We invite you to review the warranty terms and conditions as noted on the manufacturers’ website(s). At minimum, all new equipment has a 1-year limited warranty.
13. Severability: If any provision of these Terms and Conditions is found by proper authority to be unenforceable, that provision shall be severed from said Terms and Conditions and remainder of the Agreement will remain in full force and effect.
14. Force Majeure: While AGHS/ACi will, in good faith, attempt to ensure delivery of Goods or Services in keeping with dates specified by the Purchase Documents, it will not in any case be held liable for delivery delays or other failures in the delivery of Goods or performance of Services when such delays are caused by natural disasters, strike, pandemic, acts of God, transportation failures, delays in transportation or procuring materials, or any other cause beyond the reasonable control of AGHS/ACi.
15. Confidentiality: All information shared between AGHS/ACi and the Buyer, including quotes, project proposals, drawings, or other technical documents, will be considered confidential. The Buyer will not share with outside parties, any confidential materials without prior written consent from authorized AGHS/ACi personnel for a period lasting one year after project completion date.