Terms and Conditions

Email: info@oznadian.com Phone: 250 264 2341 Peace River Regional District, British Columbia. Canada TERMS AND CONDITIONS OF SALES for Oznadian Pty Ltd herein after referred to as “OZNADIAN.” 1) Default of payment: OZNADIAN reserves the right to withdraw any credit facility previously granted to the Customer by OZNADIAN, withhold deliveries of goods and/or services against all current contracts on hand with OZNADIAN from the Customer. 2) Updating of Terms: These terms and conditions of contract and sales are in addition to and together with any other terms communicated in respect of the provision of services and/or goods, where they are in conflict, the latest published terms and conditions shall prevail, as shall be the case where special terms and conditions are negotiated at the time of quotation and are acknowledged by both OZNADIAN and the customer in writing that the said special terms and conditions shall prevail. 3) Not withstanding any statement by the Customer in its acceptance documentation that the Customer's terms and conditions shall prevail over OZNADIAN'S terms and conditions of contract. 4) Delinquent Payments: Should there be any default in our payment terms, all monies owing by the Customer OZNADIAN shall become immediately due and payable and a Credit Bureau Default may be lodged without further notice. 5) OZNADIAN reserves the right to charge interest at the rate equivalent to RBC Banking Corporation's indicative Lending rate plus 5% (Five Percent) calculated daily from the date of invoice on all overdue accounts exceeding 60 days after the date of invoice. Interest shall also be applicable on the Goods and Services tax (hereinafter referred to as GST) associated with any and all overdue invoices for the purpose of calculating the penalty interest for non-payment the due date for payment shall he deemed to be 14 (fourteen) days from the date of invoice. 6) Debt Collection Costs: OZNADIAN reserves the right to recover from the Applicant all expenses, costs and/or disbursements incurred in recovering any outstanding monies including all search fees debt collection and/or solicitors fees plus all legal costs OZNADIAN reserves the right to withhold the supply of goods, services, and ongoing support at any time without notice to Customer. Should the Customer be granted a fixed credit limit that will be determined by OZNADIAN. In the event that the account exceeds these limits OZNADIAN reserves the right to withhold the supply of goods, services and ongoing support without notice. 7) Upon the issuance of a purchase order from the Customer to OZNADIAN written or verbal it shall be deemed that the Customer has accepted in full and without exception all clauses stated in the Terms and Condition of Contract and Sales of OZNADIAN. Also, that by the issuance of their purchase order or verbal order instructions the Customer has agreed to be bound by the said Terms and Conditions of Contract and Sales of OZNADIAN without exception.Fiona E. Loiselle Peace River Regional District British Columbia V1G 0C2 Canada WWW.OZNADIAN.COM 8) The Customer will notify OZNADIAN of all material changes in name and/or financial status, which may result in the need for OZNADIAN to reassess the credit limit, previously granted to the Customer. The Customer acknowledges that OZNADIAN is entitled to presume any person forwarding instructions from the Customer's office purporting to have the authority to bind the Customer to a contract for the supply and delivery of goods and/or services from OZNADIAN, has the authority they claim. 9) If the Customer is a Trustee, the Directors warrant that they have the authority and power to enter into an agreement with OZNADIAN and personally guarantee the performance of all of the insurance obligations under such agreement. Email: fiona@oznadian.com Oznadian Pty Ltd 10) Prices and other charges and discounts offered are subject to alteration without notice. Should an order be received by OZNADIAN requesting supply on non-current pricing terms. OZNADIAN has the right to amend the prices, charges, and discounts to reflect prevailing pricing terms. 11) These terms and Conditions of Contract and sales shall be binding upon the Customer its successors, executors, receiver managers /administrators and permitted assigns and shall insure to the benefit Of OZNADIAN its successors and assigns. 12) Where applicable. GST is payable on all goods and services supplied by OZNADIAN. Where any deposit or prepayment is required to secure delivery or specific performance by OZNADIAN, GST is payable on the full invoice cost and OZNADIAN reserves the right to request immediate payment of the full amount of GST in addition to the deposit or prepayment. Where GST is payable on any invoice and is not paid under the credit 13) Special conditions covering specifications and/or drawings & specifications issued by the Customer to OZNADIAN for the purpose of manufacturing components and/or equipment. 14) Amendment or Cancellation of Orders: OZNADIAN shall contact the Customer in the event that modifications are required to the Customer's specifications and/or drawings in order that OZNADIAN may manufacture the component, apparatus and/or instrument required by the Customer. Where modification to the specifications and or drawings & specifications is required, OZNADIAN is entitled to presume that any person forwarding instructions from the Customer's office purporting to have the authority is deemed to have such authority, (verbal communication is acceptable by both parties in order not to delay the Customer's order any longer than necessary it should be noted that such verbal communications are to be reconfirmed in writing so that a written record is held by both parties). 15) OZNADIAN shall be held blameless for any errors in production that may occur where the fault is found to be that the Customer has supplied incorrect or insufficient technical or ordinary data for the production and manufacture of a component, apparatus and or instrument, for such cases OZNADIAN reserve the right to charge the Customer a fee to cover the cost of materials labour and transportation for the incorrect component, apparatus and or instrument. 16) On acceptance by the Customer of OZNADIAN’s quotation, specifications may not be amended, or an order cancelled without the written consent of OZNADIAN. Should OZNADIAN agree to amend or cancel a Fiona E. Loiselle Peace River Regional District British Columbia V1G 0C2 Canada WWW.OZNADIAN.COM transaction after the acceptance by the Customer of OZNADIAN's quotation the Customer shall indemnify OZNADIAN against any and all loss, damages and expenses incurred as a result of the amendment or cancellation of the transaction, including the cost of return freight. Handling charges by OZNADIAN and third parties return shipping charges to factory of origin. Full cost of items purchased from third parties for inclusion in goods and or service to be supplied in accordance with the transaction documentation. Compensation for loss of profit by OZNADIAN and all labour and engineering costs incurred by OZNADIAN in the execution or part execution of the goods and or services required in accordance with the transaction documentation. 17) Acceptance by the Customer of OZNADIAN's quotation shall not be construed as being an implied or an express assignment of license of any of OZNADIAN Intellectual Property such Intellectual Property remains the sole property of OZNADIAN. 18) Force Majeure: Neither party will be held responsible for any delay or failure in performance of any part of any agreement between OZNADIAN and the Customer to the extent such delay or failure is caused by events beyond such party's reasonable control. Such as fire, flood, explosion, war or the engagement of hostilities, strike, embargo, labour dispute, government requirement, civil or military authority, and inability to secure materials or transportation facilities. Each party will endeavour to give the other party reasonable notice of delay. 19) Warranty Claims: All claims for goods and materials must be in writing and received within Thirty (30) days of receipt of Goods and/or Materials by the Customer. 20) Goods and/or Materials supplied by OZNADIAN being produce in part or in total using a third-party manufacturer and/or supplier then the warranty of the third party shall prevail for the component or components produced by that third party, however, for the portion of the component or components produced and supplied by OZNADIAN such claims must be received in writing within fourteen days from receipt of Goods and/or Materials by the Customer. 21) Freight charges shall be covered by the Customer for goods forwarded to OZNADIAN and/or the manufacturer. OZNADIAN shall cover freight cost for goods forwarded from OZNADIAN Offices to the Customer for such warranty items. The Customer shall accept freight cost for warranty items returned from the manufacturer to the Customer. 22) OZNADIAN or any of OZNADIAN employees or third-party agents acting on behalf of OZNADIAN shall not be held liable for the accuracy of data. It is agreed that such data accuracy is the sole responsibility of the Customer and/ or the Customers agent or any third party acting on behalf or under instruction of the Customer for the issuance of data to OZNADIAN or any of the OZNADIAN employees or third-party agents acting on behalf of OZNADIAN. 23) In the event of changes to the current government taxes, levies, and charges that the customer is liable to pay to OZNADIAN, the Customer agrees to pay to OZNADIAN such new or increased taxes, levies and charges that are imposed by the Commonwealth Government of Canada and/or any State or Territory Fiona E. Loiselle Peace River Regional District British Columbia V1G 0C2 Canada WWW.OZNADIAN.COM Government within the Commonwealth of Canada. Any dispute or action in relation to these Terms and Conditions of Sales shall be subject to the absolute jurisdiction of the laws of the Province of British Columbia