TERMS AND CONDITIONS
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The terms and conditions described in this document are incorporated by reference into any written estimate, quotation, proposal, agreement, order, or other transaction form (“Transaction Document”) (together with these Standard Terms and Conditions, the “Agreement”), and pertain to the manufacturing, repair, service, installation, or other goods or services provided (the “Work”, “goods”, and/or “services”) by TURNER SIGNS / YESCO CALGARY as requested by you, the Customer, as further described in the Transaction Document. TURNER SIGNS / YESCO CALGARY refers to the entity providing the Work, as identified in the applicable Transaction Document, or in the absence thereof, Turner Signs (2009) Ltd. and/or Calgary Sign and Lighting Service Ltd. O/A YESCO of Calgary, Alberta.
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Unless otherwise stated, Standard Payment Terms are 50% deposit required upon approval and 50% upon delivery of the work. Time starts from the date on the invoice issued.
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Upon default in the payment of any sums herein agreed, Turner Signs / YESCO Calgary (the SUPPLIER) may, at its option, declare the entire balance price fully due and payable without further notice to customer; and when declared, customer agrees to pay interest on said balance, when declared due at the rate of 2.0% compounding per month. Customer further agrees to pay all reasonable costs of collection of said balance incurred by the SUPPLIER, including reasonable attorney’s fees.
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The Customer must carefully inspect the Work within ten calendar days after delivery/installation. If the Work does not meet the written requirements as the described in the Transaction Document, or if the Work has any defect in manufacture, installation, or operation, the customer must give the SUPPLIER written notice of the nonconformance or defect claimed within five calendar days. Absence of such written notice shall indicate that the work is acceptable as delivered/installed.
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Both parties hereto agree that the title to said products shall remain with the SUPPLIER until paid for in full, but after delivery to the customer any damage after said delivery shall be assumed by said customer and will not affect the rights of the SUPPLIER to enforce the purchase price then unpaid.
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Goods kept at the SUPPLIER’s facility for storage due to project delays not caused by the SUPPLIER will be subject to a monthly storage fee. Goods waiting over 60 days may be considered abandoned and disposed of.
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All terms and conditions of this contract shall be binding upon any successors, assignees or other legal representatives of the respective parties but no assignment shall be made by the customer without the consent in writing of the SUPPLIER unless full payment of the total consideration has been made.
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For electric signs, building power must be connected to the sign by a licensed electrician as per local and national electrical codes. TURNER SIGNS / YESCO CALGARY may subcontract an electrician for this work upon approval by the customer, or the customer may arrange for their own electrician to complete the work. Additional costs of running power to the signs and final hookup of the signs to power are the responsibility of the customer.
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When installation is part of the agreement, the SUPPLIER can not be responsible for concealed conditions that may require extra installation time, equipment, or processes not reasonably determined by initial site inspection. Adequate access for the sign to be installed and/or wired is assumed. Additional costs from said work are the responsibility of the Customer. The SUPPLIER is not responsible for wall damage, EIFS warranties, or any other damage that might occur as a result of fastening signs to a wall or structure.
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When below grade drilling/digging is necessary, the SUPPLIER will contact “call before you dig” to locate public utilities. Location of private utilities is sole responsibility of the customer. In the event rock is encountered in the drilling process, to the point where special equipment is required, additional monies may be requested in writing by the SUPPLIER. Concrete base pricing based only on normal conditions. below grade obstructions or inadequate soil bearing conditions are extra.
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All products manufactured by the SUPPLIER are guaranteed unconditionally against defective parts, materials and workmanship for a period of 1 year with exception of repair parts such as neon, incandescent and fluorescent lamps (3 months). Beyond that period, manufacturer’s warranties, if any, will apply.
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Excuse of performance; the SUPPLIER shall not be liable for delays in performance or for non-performance due to acts of god, acts of buyer, war, riot, fire, flood, other severe weather, sabotage, or epidemics; strikes or labour disturbances; governmental requests, restrictions, laws, regulations, orders or actions; unavailability of or delays in transportation; default of suppliers; or unforeseen circumstances or any events or causes beyond the SUPPLIER’s reasonable control. Deliveries suspended or not made by reason of this section may be canceled by the SUPPLIER. upon notice to buyer without liability, but the balance of the agreement shall otherwise remain unaffected.