General Terms and Conditions
Application
These Terms and Conditions apply to every sale of any materials (“Products”), by Ontario Trap Rock, its subsidiaries or affiliates (collectively, “OTR”) to the customer (the “Customer”).
Orders
All orders must be placed at a minimum of one full business day in advance.
Pricing
OTR reserves the right to increase pricing with a 30 days’ written notice or according to contract terms. Increases in any applicable taxes will be implemented immediately.
Invoicing and Payment
The Customer shall pay to Tomlinson the price of the Products or Services within thirty (30) days from the date of receiving an invoice from Tomlinson. Tomlinson’s prices do not include applicable taxes. Taxes will be added to the price quoted and appear as a separate line item on the Customer’s Invoice.
All quotes are subject to approved credit. Late charges on balances over sixty (60) days from date of invoice will be charged at a rate of 1.5% compounded monthly for an effective rate of 19.56% per annum until paid. R.W. Tomlinson reserves the right to cease providing Services if accounts are sixty (60) days past due.
Site Access
The Client shall furnish suitable access, including roads and entryways to the point of unloading and reloading in order to facilitate the efficient maneuvering of OTR vehicles. The Customer shall prepare a location for the Products that is flat and easily accessible.
The Customer shall be responsible for any damages, fines, fees, or other costs incurred by OTR in accessing the site, including situations where public or private roadways are dirtied by the trucks as a result of the conditions of the access roads and entryways. OTR shall assume no responsibility for any damages associated with any deliveries.
Delivery
OTR will make every effort to deliver and pick-up during regular business hours on the day of delivery or pickup, but shall not be responsible for any delays caused by inclement weather, traffic conditions, strikes, lockouts, shortages of material, mechanical breakdown or any other reason beyond its control.
This receipt of the Products by the Customer, their representatives, employees or agents shall constitute full acceptance by the Customer for the Products.
Indemnity
The Customer shall defend, indemnify and hold harmless OTR from and against any and all claims, losses, damages, liabilities, costs, fines, penalties and expenses including, without limitation, reasonable legal fees, for injury or death to persons, or loss or damage to property arising out of or relating to the operation, handling, transportation or use of the Products by or while in the possession of the Customer, its employees, agents, contractors, or carriers. The herein indemnity also includes any claims made against OTR associated with any charges or fines levied pursuant to the Ontario Occupational Health & Safety Act and its regulations or any equally applicable legislation regarding occupational health and workplace safety.
Liability
The liability of OTR is limited to its express obligation to deliver and collect Products in good condition and working order. OTR shall not be liable for any direct or indirect loss or damage of the Customer resulting from any subsequent failure of the containers, comfort station and equipment or from its lack of suitability for the work it may be required to perform. The Customer agrees that in no event shall OTR’s total liability arising out of or connected in any way with the provisions of the Products shall exceed ten percent (10%) of the value of the Products in question provided by OTR under the applicable purchase order.
Cancellations
Cancellations or changes made one clear business day prior to the scheduled service date are subject to a cancellation fee of ten percent (10%) of the applicable purchase order. No cancellation of an order will be accepted after the Product has been loaded at OTR’s facilities.
Units
All prices quoted per metric tonne for Canada and short tonnes in the US.
Pricing
Quoted prices are valid for 30 days from original quote day unless specified in a separate contract.
Taxes
The Customer shall be liable to pay any taxes, including HST, duties, fees, levies or charges that may be imposed by or payable to any government authority in connection with the purchase of aggregates (including any increases in TOARC fees in Ontario).
Quantities
Quantities supplied are determined based on scales ticket provided at the OTR aggregate operation site or dock.
Specification and Testing
All testing of aggregates for compliance with specifications shall be based upon OTR’s test results during production and where additional tests are requested, shall be based upon samples obtained directly from the aggregate stockpiles located at OTR’s aggregates operations or dock, unless otherwise agreed to in writing by OTR. No other test results will be accepted.