General Terms & Conditions

General Terms & Conditions

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General Terms and Conditions

 

  1. Acceptance: These Terms and Conditions shall govern the transaction (the “Project”) between Savico – Labrador Metal Works (“Savico-LMW”) and the Purchaser (“Purchaser”) set out in the quotation, bid, purchase order, order acknowledgement or any other contractual documentation (the “Contract Documents”) to which these Terms and Conditions are attached. These Terms and Conditions supersede any terms and conditions included in any other Contract Document, including Purchaser’s Contract Documents, if any, and cannot be changed without signed written approval from an authorized Savico-LMW The Purchaser’s agreement to any Contract Documents with Savico-LMW shall be conclusive evidence of the Purchaser’s acceptance of these Terms and Conditions, whether or not the Purchaser submits its own terms and conditions as part of such acceptance or otherwise. If any special condition is required, it will need to be added to the Contract Documents and signed by both parties upon reception.

 

  1. Incorporation by Reference: These Terms and Conditions shall be deemed to be incorporated as a binding part of the final contract or agreement between Savico-LMW and Purchaser relating to the Project. Any other part of this proposal or any other communications between Savico-LMW and Purchaser may be made a binding part of the contract between Savico-LMW and Purchaser by express reference to the same in the final

 

  1. Scope of Work: The limitations of Savico-LMW’s scope of supply for goods, services and associated liability are established in our formal quote document. Unless otherwise noted in the formal quote document, these General Terms and Conditions shall prevail and set out the basic principles that govern the

 

  1. Payment: Unless otherwise noted in the formal quote document, Invoices are payable Net 30 days. Purchaser’s payment obligation shall not be dependent upon Purchaser being paid by any third party, including the Project owner, end user, or any upper tier Past the due terms, interests of 9% will be applied to the outstanding amount to be paid. (Cumulative annual fee)

 

  1. Taxes: Savico-LMW has not included taxes in its pricing. All sales taxes, use taxes, gross receipts taxes and other taxes imposed on Savico-LMW or the Purchaser with respect to the Project or the material therefore will be for the account of the Purchaser and will be invoiced as additions to the price quoted for the

 

  1. Cancelation: If Purchaser elects to cancel an order, Purchaser shall be liable to Savico-LMW for all costs incurred in relation to the cancelled order prior to Savico-LMW’s receipt of the notice of cancellation, plus a 20% mark-up for lost profit on the

 

  1. Permits, Fees: Savico-LMW will be responsible for only those permits and licenses required to operate as a Purchaser will have the sole responsibility to obtain, without cost to Savico-LMW, all permits, and licenses required for the Project.

 

  1. Lien Rights: Savico-LMW retains all of its lien rights with respect to the

 

  1. Insurance: Savico-LMW will provide commercial general liability coverage in relation to the Project with limits no greater than the amounts set out in a Contract Document signed by Savico-LMW. Savico-LMW does not carry Errors and Omissions, or XCU coverage.

 

  1. Liquidated Damages and Penalties: Savico-LMW shall not be liable for any liquidated damages or penalties in relation to the Project, including, without limitation, for the failure to meet any schedule milestone

 

  1. Consequential loss: Savico-LMW shall not be liable to Purchaser or any third party for any special, indirect, punitive, incidental, or consequential loss or damage for any reason whatsoever at any time whatsoever, whether arising in contract, tort (including negligence), strict liability, indemnity or otherwise, and Purchaser shall indemnify Savico-LMW from any such

 

  1. Warranty: Savico-LMW warrants that the Project will be free from defects in workmanship for a period of twelve (12) months from date of completion of Savico-LMW’s scope of work for the Project. In that case, Savico-LMW must be consulted and agree to a solution prior to any work to be performed. Savico-LMW will not honor a warranty due to misuse of equipment or caused by any dysfunction not related to our scope of supply or fabrication. Unless included in our Scope of Work, Savico-LMW will not make service recommendations for materials. In no case shall Savico- LMW be liable for any incidental or consequential damages under this warranty. If a deficiency has been corrected within the warranty period, the warranty period does not start over. This section sets forth the exclusive remedies for claims (except as to title) based upon defects in or nonconformity of the products, services or software, whether the claim purports to made in contract, warranty, tort (including negligence), strict liability or otherwise, and however instituted. Upon the expiration of the warranty period, all warranty liability will terminate. These warranties are exclusive and in lieu of all other warranties and conditions, whether written, expressed, implied or No implied or statutory warranties or conditions of merchantability or fitness for particular purpose will apply.

 

  1. Limitation of Liability: The aggregate liability of Savico-LMW and its insurers however arising in connection with the applicable purchase order, whether arising in contract, tort (including negligence), strict liability, indemnity, or otherwise, shall be limited to either: (a) for any claims relating to an insurable event to which the policies provided pursuant to Section 9 respond, the amount actually recovered under such policies, up to the specified amount of the applicable insurance coverage provided by Savico-LMW as per any Contract Document signed by Savico-LMW, regardless whether or not such specified amount are set as an aggregate coverage or a minimum amount or no less than amount; and (b) for all claims which do not relate to an insurable event, the purchase price of the applicable purchase

 

  1. Schedule/Delays: Savico-LMW’s price is based on continuous work and does not include for delays beyond our control. Any period of delay attributable to causes beyond reasonable control of Savico-LMW shall be added to the time for completion of the Project, including an allowance for rescheduling work if Any delays that exceed 4 hours yet do not require a de-mobilization, will require the crews to be placed on standby and associated costs of this standby time shall be charged to Purchaser. Schedule proposed by Savico-LMW is based on one mobilization and demobilization, unless the contract specifically spells out more than one mobilization and demobilization. It is also based on continuous work and does not include for delays beyond our control.

 

  1. T&M Work: All time and materials (“T&M”) work that is done concurrently with contract work, in a week totaling more than 40 hours per employee, or 8 hours per weekday, will be done at an overtime rate regardless of which day of the week the T&M work is

 

  1. Applicable Law: The laws of the jurisdiction of where the works are performed shall govern the