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Oznadian Equine
I. Payment Default: OZNADIAN EQUINE reserves the right to withdraw any previously granted credit facility, withhold deliveries of goods and/or services, and terminate any current contracts with the Customer in case of a payment default.
II. Terms and Conditions Update: These terms and conditions of contract and sales are supplementary to any other terms communicated regarding the provision of services and/or goods. In the event of a conflict, the latest published terms and conditions shall prevail. Special terms and conditions negotiated at the time of quotation and acknowledged in writing by both OZNADIAN EQUINE and the customer shall also take precedence.
III. Despite any assertions made by the Customer in their acceptance documentation that their terms and conditions will supersede those of OZNADIAN EQUINE, our terms and conditions of contract shall remain in effect.
IV. Payment Default: In the event that payment terms are not met, all outstanding payments owed to OZNADIAN EQUINE by the Customer will be immediately due and payable. Furthermore, a Credit Bureau Default may be lodged without prior notice.
V. Please be advised that OZNADIAN EQUINE retains the right to assess interest charges at a rate equal to RBC Banking Corporation's indicative lending rate plus 5% (five percent). This interest will be calculated daily from the invoice date on all accounts that remain unpaid for more than 60 days following the invoice date. Additionally, interest will be applied to the GST associated with any overdue invoices. To avoid penalty interest charges, payment must be made within 14 (fourteen) days of the invoice date.
VI. At OZNADIAN EQUINE, we may need to recover any outstanding monies from our Applicants. This may include search fees, debt collection, solicitors fees, and all associated legal costs. We also reserve the right to withhold the supply of goods, services, and ongoing support without notice to the Customer. If a fixed credit limit is granted to the Customer, we will determine it, and if the account exceeds this limit, we reserve the right to withhold the supply of goods, services, and ongoing support without notice.
VII. When the Customer submits a purchase order to OZNADIAN EQUINE, whether written or verbal, it indicates their full acceptance of all clauses outlined in the Terms and Conditions of Contract and Sales. Furthermore, by placing their order or giving verbal instructions, the Customer acknowledges their agreement to be bound by these Terms and Conditions without any exceptions. Fiona E. Loiselle, Ponass Lake, Saskatchewan, Canada WWW.OZNADIAN EQUINE.COM
VIII. As a requirement, any significant alterations to the Customer's financial standing or name must be reported to OZNADIAN EQUINE. This communication will enable OZNADIAN EQUINE to review the Customer's credit limit previously granted. The Customer understands that OZNADIAN EQUINE reserves the right to assume that any individual transmitting instructions from the Customer's office, claiming to possess the power to commit the Customer to a contract for goods and/or services delivery from OZNADIAN EQUINE, indeed has the authority they assert.
IX. In case the customer happens to be a trustee, the directors of the company assure that they possess the necessary authority and ability to engage with OZNADIAN EQUINE and take personal responsibility for fulfilling all the insurance obligations under the agreement. To get in touch with OZNADIAN EQUINE, please use the following email address: info@Oznadian Equine.com.
X. Please keep in mind that prices, charges, and discounts offered by OZNADIAN EQUINE are subject to change without prior notice. In the event that you place an order requesting supply on non-current pricing terms, OZNADIAN EQUINE reserves the right to adjust the prices, charges, and discounts accordingly to reflect the current prevailing pricing terms. We will always ensure that any changes made are fair and transparent to our valued customers.
XI. The terms and conditions of this contract and sales agreement shall be legally binding upon the Customer, including its successors, executors, receiver managers/administrators, and permitted assigns. The agreement shall bring benefits to OZNADIAN EQUINE, including its successors and assigns.
XII. Please be informed that OZNADIAN EQUINE requires the payment of Goods and Services Tax (GST) on all goods and services provided, where applicable. In the event that a deposit or prepayment is necessary to secure delivery or specific performance by OZNADIAN EQUINE, the full invoice cost will be subject to GST, and OZNADIAN EQUINE reserves the right to request immediate payment of the full amount of GST in addition to the deposit or prepayment. If GST is required to be paid on any invoice and remains unpaid under the credit terms, OZNADIAN EQUINE may take necessary action to ensure payment. The current tax rates in Canada vary depending on the province or territory. In Alberta, British Columbia, Manitoba, Northwest Territories, Nunavut, Quebec, Saskatchewan, and Yukon, the Goods and Services Tax (GST) rate is 5%. In Ontario, the Harmonized Sales Tax (HST) rate is 13%, and in New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island, the HST rate is 15%. It's important to keep these rates in mind when conducting business or making purchases in different parts of Canada.
XIII. Please note that the prices, charges, and discounts offered are subject to change without prior notice. In the event that OZNADIAN EQUINE receives an order requesting supply on non-current pricing terms, OZNADIAN EQUINE reserves the right to modify the prices, charges, and discounts to align with the prevailing pricing terms.
XIV. The terms and conditions of the contract and sales agreement shall be considered legally binding upon the customer, including its successors, executors, receiver managers/administrators and permitted assigns. These terms and conditions shall be enforceable for the benefit of OZNADIAN EQUINE, including its successors and assigns.
XV. terms agreed upon, OZNADIAN EQUINE reserves the right to take legal action to recover the outstanding amount. Please note that GST applies to all goods and services provided by OZNADIAN EQUINE, and any required deposit or prepayment will also be subject to GST. OZNADIAN EQUINE may request immediate payment of the full GST amount in addition to the deposit or prepayment. Failure to pay GST as per agreed credit terms may result in legal action being taken by OZNADIAN EQUINE to recover the outstanding balance.
XVI. These are the conditions that are specifically designed to cover the specifications and/or drawings and specifications that the Customer has provided to OZNADIAN EQUINE. These conditions are put in place to ensure that the manufacturing of components and/or equipment is carried out as per the requirements and expectations of the Customer.
XVII. Regarding Orders: OZNADIAN EQUINE will communicate with the Customer if any changes need to be made to their specifications or drawings in order to manufacture the required component, apparatus, and/or instrument. If modifications are needed, OZNADIAN EQUINE will assume that anyone providing instructions from the Customer's office has the necessary authority, and verbal communication is acceptable to avoid delaying the order. However, both parties should confirm the verbal communication in writing to maintain a written record.
XVIII. OZNADIAN EQUINE will not be held responsible for any errors in production if it is determined that the Customer provided inaccurate or insufficient technical or ordinary data for the creation of a component, apparatus, or instrument. In such cases, OZNADIAN EQUINE reserves the right to charge the Customer for materials, labor, and transportation costs associated with the incorrect item.
XIX. Upon acceptance of OZNADIAN EQUINE's quotation, any changes to specifications or order cancellation must be approved by OZNADIAN EQUINE in writing. By CEO, Fiona E. Loiselle, Ponass Lake, Saskatchewan.
XX. After the Customer accepts OZNADIAN EQUINE's quotation and the transaction takes place, it is important to note that any amendment or cancellation of the transaction may lead to the Customer being held responsible for indemnifying OZNADIAN EQUINE for any loss, damages, and expenses incurred. This includes but is not limited to the cost of return freight, handling charges by OZNADIAN EQUINE and third parties, as well as return shipping charges to the factory of origin.The total expenses of items obtained from third-party sources for use in the goods and/or services to be delivered as per the transactional records will be covered. OZNADIAN EQUINE will be compensated for any loss of profit, as well as any labor and engineering expenses incurred during the fulfillment or partial fulfillment of the goods and/or services mentioned in the transactional records.
XXI. It is important to note that when a customer accepts OZNADIAN EQUINE's quotation, it does not imply or express an assignment of license of any of OZNADIAN EQUINE's Intellectual Property. OZNADIAN EQUINE's Intellectual Property remains the sole property of OZNADIAN EQUINE and cannot be transferred or assigned to the customer without OZNADIAN EQUINE's express permission. This ensures that OZNADIAN EQUINE retains control over its unique and valuable Intellectual Property, which is essential to the success of the company.
XXII. In the event of Force Majeure, OZNADIAN EQUINE and the Customer shall not be held liable for any delay or failure to perform any part of their agreement, provided that such delay or failure is due to circumstances beyond their reasonable control. This includes but is not limited to events such as fire, flood, explosion, war or hostilities, strike, embargo, labor disputes, government mandates, civil or military authorities, and inability to obtain materials or transportation facilities. Both parties will make every effort to inform the other party in a timely manner of any delays.
XXIII. If you wish to make a warranty claim for any of the goods and materials you have purchased, please note that it must be done in writing. The claim should be received by us within thirty (30) days of you receiving the goods and/or materials. This means that you should carefully inspect the goods and/or materials upon receipt and notify us of any defects or issues as soon as possible. Failure to do so may result in your warranty claim being denied. Once we receive your warranty claim, we will investigate the issue and take appropriate action to resolve it as quickly as possible.
XXIV. f any of the Goods and/or Materials provided by OZNADIAN EQUINE are manufactured either partly or wholly by a third-party supplier, the warranty for those specific components will be subject to the policies of the third-party supplier. However, for any part of the component or components produced and supplied by OZNADIAN EQUINE, the Customer must submit any claims in writing within fourteen days of receiving the Goods and/or Materials.
XXV. The Customer shall bear the responsibility of covering the freight charges for goods sent to OZNADIAN EQUINE and/or the manufacturer. These charges will not be covered by OZNADIAN EQUINE. However, in the event of warranty items, OZNADIAN EQUINE shall take charge of covering the freight costs for goods sent from OZNADIAN EQUINE offices to the Customer.
XXVI. In the case of warranty items returned from the manufacturer to the Customer, the Customer shall bear the responsibility of accepting the freight cost. OZNADIAN EQUINE shall not take charge of covering the freight charges for warranty items returned from the manufacturer to the Customer.
XXVII. OZNADIAN EQUINE and its representatives, which include employees and third-party agents, cannot be held responsible for the accuracy of any data provided to them. The Customer, their agent, or any third party acting on behalf or under the Customer's direction for data submission to OZNADIAN EQUINE or its representatives is solely responsible for ensuring the accuracy of the data provided. It is crucial that the Customer or their agent validates the data before submitting it to OZNADIAN EQUINE or its representatives to prevent any inaccuracies.
XXVIII. In the unlikely event that the government decides to make changes to the existing taxes, levies, and charges that the customer is obligated to pay to OZNADIAN EQUINE, the customer agrees to pay any new or increased taxes, levies, and charges that are imposed by the Commonwealth Government of Canada and/or any State or Territory. This includes any taxes, levies, or charges that may be imposed in the future, as well as any retroactive taxes, levies, or charges that may be imposed for previous periods. OZNADIAN EQUINE will notify the customer of any changes and provide the necessary information to ensure that the customer is aware of their obligations and can make the necessary payments on time.
XXIX. These Terms and Conditions of Sales apply to all transactions made within the Commonwealth of Canada. Any dispute or legal action arising from these terms shall be subject to the absolute jurisdiction of the laws of the Province of Saskatchewan. This means that any legal proceedings will be conducted in accordance with the laws of Saskatchewan and will be subject to the jurisdiction of the courts of Saskatchewan. It's important to note that these Terms and Conditions of Sales are legally binding, so please read them carefully before making any transactions.
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