General Terms and Conditions
These Terms and Conditions apply to every sale of any equipment or materials (“Products”), or every supply of technical or maintenance services of any description or kind (the “Services”) by Ottawa Greenbelt Construction Company Limited, its subsidiaries or affiliates (collectively, “Greenbelt”) to the customer (the “Customer”).
All orders must be placed at a minimum of one full business day in advance except for aggregates.
Greenbelt 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 Greenbelt the price of the Products or Services within thirty (30) days from the date of receiving an invoice from Greenbelt. Greenbelt’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.
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. Greenbelt reserves the right to cease providing Services if accounts are sixty (60) days past due.
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 Greenbelt vehicles. The Customer shall prepare a location for the Products and Equipment that is flat and easily accessible.
The Customer shall be responsible for any damages, fines, fees, or other costs incurred by Greenbelt 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. Greenbelt shall assume no responsibility for any damages associated with any deliveries.
The Customer shall defend, indemnify and hold harmless Greenbelt 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 or Services by or while in the possession of the Customer, its employees, agents, contractors, or carriers. The herein indemnity also includes any claims made against Greenbelt 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.
The liability of Greenbelt is limited to its express obligation to deliver and collect Products, or Services in good condition and working order. Greenbelt shall not be liable for any direct or indirect loss or damage of the Customer resulting from any subsequent failure of the equipment or from its lack of suitability for the work it may be required to perform. The Customer agrees that in no event shall Greenbelt’s total liability arising out of or connected in any way with the provisions of the Products or Services shall exceed ten percent (10%) of the value of the Products or Services in question provided by Greenbelt under the applicable purchase order.
Termination of Agreement
Should the Customer (i) fail to make any payment when it becomes due, (ii) become insolvent, or (iii) fail to maintain and operate or to return the Equipment as provided by the Agreement, or violate any other provisions herein, Greenbelt may at its sole discretion terminate this Agreement without notice to the Customer, re-take possession of the Equipment without becoming liable for trespass, and recover all outstanding amounts due and all expenses incurred in retaking possession of the Equipment.
Title to the Equipment shall at all times remain with Greenbelt and nothing contained in these Terms and Conditions shall be deemed to have the effect of conferring upon the Customer any right or title whatsoever to the Equipment. The Customer shall immediately provide written notice to Greenbelt if any Equipment becomes encumbered by any lien or claim by a third party.
The Customer shall not at any time suffer or permit any charge or lien, whether possessively or otherwise, to exist against the Equipment, and shall keep the equipment free of all charges, liens and encumbrances. If the Customer fails after demand by Greenbelt to discharge any such lien, charge or encumbrance, Greenbelt may pay the same and recover the amount of any such payment with a fee of twenty percent (20%) of the payment made plus interest at twenty percent (20%) per annum, applied monthly from the Customer on demand.
Sub-letting, Licensing and Assignment
The Customer shall not be entitled to sublet, license or assign any of their rights under this Agreement or in or to any of the Equipment without the prior express written consent of Greenbelt.
Greenbelt shall be entitled to assign its rights hereunder to any of the Equipment subject to the observance by the assignee of all Greenbelt’s obligations to the Equipment hereunder.
Terms and conditions specific to Greenbelt
For the purposes of this section, “Services” shall refer to Greenbelt services.
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 material and Services
Permits: Permits are not included
Bonding: Bonding is not included
Schedule: Schedule for completing the works to be mutually agreed to. Delays to the start day may result in additional costs.
Geotechnical conditions: Variation in geotechnical conditions from information provided may result in additional costs
Utilities: Utilities unidentified in the information provided to Greenbelt may result in additional costs
Quality control: Quality control will be provided by a third party.