B.C. CONCRETEX

TERMS AND CONDITIONS OF SALE

1- Acceptance of Terms

All Goods provided by B.C. Concretex (referred to as “Us” or “We”) are subject to the following terms and conditions. Any variation or modification of these terms by You (referred to as “You” or “Your”) shall be binding only if accepted by Us in writing.

Your acceptance of these terms is implicit in any transaction with us. Any alterations to these terms must be agreed upon by both parties in writing.

2- Goods and Pricing

1. All our goods are subject to availability.
2. Prices quoted are based on current rates and charges and are exclusive of applicable taxes.
3. Once an order is accepted, cancellation or modification requires our written consent.

    

3- Payment

Unless otherwise agreed, full payment, including any taxes, is due upon purchase or order placement. Instructions for ordering products are provided on our website, and prices are subject to change at our discretion.

To make sure the payment security for both the purchase price of Goods and other owed amounts, as well as to guarantee the fulfillment of all your obligations to us, you now provide us with a security interest in all your personal property (as defined in the PPSA). This includes, but is not limited to, the Goods you’ve received, their proceeds in any form, and a fixed charge over all your real property.

4- Delivery

Delivery is considered complete upon transfer of possession at our premises or agreed-upon location. Unless otherwise specified, you are responsible for providing adequate facilities for unloading and storage.

Unless otherwise specified in a written agreement, you must ensure suitable facilities for unloading and storing Goods at your designated premises or any other mutually agreed location.

If you refuse delivery of the Goods or if we withhold delivery pending payment or satisfactory arrangements for payment or unloading, delivery will be considered complete when we are or were prepared to deliver the Goods, and:

(a) Besides the price of the goods, we reserve the right to charge reasonable storage and transportation fees.

(b) Regardless, you are obligated to make payments as outlined herein under the assumption that delivery has been accomplished.

5- Ownership and Risk

Ownership of goods remains with us until full payment is received. Until ownership is transferred, you agree to store and maintain goods as our bailee. We reserve the right to inspect goods and may reclaim them if payment is not made.

Until the ownership of the Goods transfers to You, You at this moment agree to the following terms:

(a) You will hold the Goods in trust for us, acting as Our bailee.

(b) You will bear the cost of storing the Goods in a manner that allows easy identification as belonging to us.

(c) You must maintain comprehensive records of the Goods and provide such records to us upon reasonable request.

(d) You grant us the right to inspect the Goods, or any portion thereof, at any reasonable time.

(e) You shall refrain from any action or omission that could diminish the value of the Goods or otherwise compromise Our rights or interests in the Goods as outlined in these terms and conditions.

(f) Upon our request, You must return the Goods in the event of non-payment of any amounts You owe us. If you fail to fulfill any other obligations without prejudice to any other rights We or they may possess.

6- General Security Interest

We retain a security interest in all your personal property to secure payment and performance of obligations. We may enforce this interest in the event of default or other specified conditions.

You are prohibited from consenting to or entering into any agreements allowing any supplier or entity to register a security interest in any collateral subject to our security interest, including the Goods, which would take precedence over our rights as the primary security holder.

An “Enforcement Event” occurs under the following circumstances:

(a) You fail to pay, or we believe you are likely to fail to pay, any amount of the Secured Money when it’s due; or

(b) You breach, or we believe you are likely to breach, any non-monetary obligations to us; or

(c) You cease or threaten to cease business; are unable to pay debts as they fall due or are declared insolvent or bankrupt; make arrangements with creditors; steps are taken to dissolve your business; an encumbrancer takes possession of any Goods or other collateral; a liquidator, manager, administrator, or receiver (or similar) is appointed to you or your property; or

(d) Your ownership or effective control is transferred, or we believe the nature of your business is significantly altered; or

(e) Any guarantor breaches obligations to us.

In case of an Enforcement Event, in addition to any other remedies, we have:

(a) Each security interest created under these terms becomes immediately enforceable;

(b) All Secured Money becomes due and payable immediately;

(c) We may appoint one or more Receivers (jointly and severally) regarding any Secured Property on terms we deem necessary or expedient;

(d) We or a Receiver may take possession of the Goods and any other Secured Property, including any Goods that have become an accession under the PPSA and may dispose of or retain them for our benefit. We may enter any premises where Goods may be stored without notice;

(e) We may immediately suspend all payment credit arrangements offered to you until the Enforcement Event is remedied to our satisfaction;

(f) We may cancel any outstanding orders from you or all or any part of any unperformed contracts with you;

(g) We may require your future orders to be paid in cash upon placement.

7-Suitability of Goods

You are responsible for ensuring that chosen goods are suitable for their intended use and environment. We provide guidelines for proper selection, storage, handling, and maintenance.

8- Conditions and Warranties

All conditions and warranties not expressly stated are excluded to the fullest extent permitted by law. Consumer rights under applicable legislation are preserved where applicable.

9- Availability and Cancellation

Orders are subject to product availability. We reserve the right to cancel orders with incorrect pricing or information, with refunds provided as necessary.

10- Indemnity

You agree to indemnify us against losses, liabilities, and expenses arising from breaches of these terms or other specified conditions.

11- Liability

Our liability is limited to replacement, refund, or compensation for defective goods, subject to notification and investigation requirements.

12- Dispute Resolution

Unresolved disputes may be referred to mediation. Costs will be shared equally between parties.

13- Assignment

We reserve the right to assign rights and obligations under these terms without your consent.

14- Privacy Act

We collect and use information for credit assessment and debt recovery purposes by privacy laws.