Horizon Structures Ltd. TERMS AND CONDITIONS OF SALE – EXHIBIT A
1. Seller's Quotation ("Proposal") becomes the "Purchase Agreement" upon execution by Purchaser and Seller.
2. SITE PREPARATION. Purchaser agrees to timely make site available for delivery of Building Materials and for Seller's
workers and equipment if Seller has responsibility for erection or construction. Purchaser is solely responsible for timely providing permits,
licenses, site preparation, design, engineering or construction of the foundation (unless otherwise provided), and underground utilities. Purchaser will not hinder, delay or interfere with Seller's erection or construction responsibilities hereunder, if any, and if such occurs, Seller shall be entitled to extended time of performance.
3. DELIVERY TERMS. Unless stated otherwise in the Purchase Agreement, cost of delivery is not included and product is
F.O.B. Horizon Structures Ltd., Edmonton, Alberta, Canada. Shipping date will be estimated upon receipt of down payment. Horizon Structures will make a good faith effort to meet the estimated delivery date, but does not guarantee such delivery. If Purchaser requests delayed delivery, Seller shall have the option to invoice Purchaser for the price of materials as listed on the Proposal and such invoice shall be due immediately. If Seller is required to store materials to accommodate Purchaser’s request for delayed delivery time, Purchaser will be responsible for the storage cost and shall assume risk of loss or damage during storage. Purchaser has 72 hours after accepting delivery to inspect goods, after which delivery is final and warranty takes effect.
4. TAXES. Unless stated otherwise in the Proposal, the Purchase Price does not include taxes.
5. CHANGE ORDERS AND RETURNS. Change orders must be in writing and signed by both Purchaser and Seller. Items unique to a project, such as the fabric cover, are not restockable. Items which can be returned to stock require preapproval for return and are subject to a twenty percent (20%) restocking fee.
6. EARLY TERMINATION OF AGREEMENT BY PURCHASER. In the event Purchaser terminates this Purchase Agreement prior to its completion, Seller will be entitled to be paid for all unpaid invoices and outstanding balances; labor expended in performance of this Purchase Agreement and not yet invoiced; the cost of all material purchased for this Agreement but not billed and for all material upon which Horizon Structures has performed work and not invoiced and may, in addition, assess a termination charge equal to the profit Horizon Structures would otherwise have received upon completion of performance under this Purchase Agreement, which has not been invoiced or paid. Termination of the Purchase Agreement must be in writing.
7. LATE PAYMENT. Payment not made within thirty (30) days of the due date will be considered past due and a finance charge of
one and one-half percent (1 1/2%) per month on the past due amount will be charged. All costs and expenses associated with collection of an
overdue amount, including reasonable attorney fees, may be charged by the Seller.
8. BREACH OF CONTRACT/EXCUSE OF PERFORMANCE. Failure to make timely payment; provide necessary information or decisions; provide necessary permits or licenses or provide necessary and timely site preparation, shall be considered a material breach by
Purchaser and entitle Horizon Structures Ltd. to terminate the Purchase Agreement. Unforeseen site conditions or other factors beyond the control of Horizon Structures Ltd., which delay, impede or make impossible Horizon Structures Ltd.'s performance of any installation or erection obligations it may have under this Agreement shall entitle Horizon Structures to extend its time for performance, without penalty.
9. LIEN ON MATERIALS. In the event Purchaser is extended time for payment under this Purchase Agreement, Seller will be
entitled to a purchase money security interest covering all Building Materials provided, until the full purchase price has been paid.
10. GOVERNING LAW. This Agreement, its performance and the rights of all parties, will be governed by the law of the State of
Iowa. Any and all disputes arising out of this Purchase Agreement will be determined through arbitration under the Alberta Arbitration Act.
Parties shall select an arbitrator as provided under the Alberta Arbitration Act or shall mutually agree upon such arbitrator.
11. WARRANTY. Fabric covers and hot dip galvanized structural steel building components provided by Seller are warranted to be
free from defects in material and workmanship and if such a defect is found to exist, Seller will repair or replace same, at Seller's sole option.
The complete terms and conditions of Seller’s Warranty are as set forth in the “Warranty” document attached as Exhibit B. SELLER MAKES
NO OTHER WARRANTY, INCLUDING NEITHER MERCHANT ABILITY NOR FITNESS FOR AN INTENDED USE. Distributor may not
assign Seller’s Warranty to any subsequent purchaser of the Building Materials. If fabric cover was not installed by Horizon Structures, warranty taking effect is contingent upon Purchaser sending pictures of completed building to Accu Steel and Accu Steel receiving and approving such pictures.
12. LIMITATION OF REMEDIES. In the event materials or workmanship in Building Materials supplied by Seller hereunder are determined to be defective, Seller will repair or replace the defective materials, at Seller's sole option. Such replacement or repair will take place within a reasonable time after Seller has been notified of the defect and has confirmed same to exist. Seller’s obligation is limited to repair or replacement of the materials. The cost of labor for the repair or replacement at the site will be paid by Purchaser Seller shall not be liable or obligated for any claim, loss or damages, whether direct or consequential, which may arise or otherwise exist, attributable to the Building Materials provided by Seller or any defect which may exist as to same.
13. INDEPENDENCE OF DEALERS, DISTRIBUTORS AND CONTRACTORS. Horizon Structures Ltd. upon request, may recommend dealers, distributors or contractors based upon its previous experience with same. In such event, Horizon Structures does not guarantee their
performance or work and Purchaser will make its own independent decision as to a dealer, distributor or contractor to engage. Horizon Structures Ltd. is not responsible for any work performed by such parties including design, engineering or construction of the foundation or building.
Dated this day of _____________________________
Seller: ______________________________________
Horizon Structures Ltd., an Alberta Corporation
By: ______________________________________
Name: ____________________________________
Title: _____________________________________
Purchaser
__________________________________________
By: ______________________________________
Name: ____________________________________
Title: ___________________________________

For more information contact us Toll Free at 1-866-923-3829
or Email to: horizonstructures@shaw.ca.