Terms and Conditions
1. Acceptance of Terms
These Terms and Conditions govern the sale of all products and services provided by the Company. By placing an order, accepting a quotation, or purchasing products from the Company, the Buyer agrees to be bound by these Terms and Conditions unless otherwise agreed in writing.
2. Quotations and Orders
All quotations are provided for informational purposes and are subject to change without notice unless otherwise specified in writing. Quotations are valid for the period stated in the quotation document. Orders are considered accepted only upon written confirmation by the Company.
The Company reserves the right to refuse or cancel any order at its discretion.
3. Pricing
All prices are quoted in Canadian Dollars (CAD) unless otherwise stated. Prices do not include applicable taxes, shipping, insurance, installation, training, or other additional services unless expressly specified.
Applicable taxes including HST or other government charges will be added to invoices where required by law.
4. Payment Terms
Payment terms will be specified in the quotation or invoice. Unless otherwise agreed in writing, invoices are payable within the stated payment period.
The Company reserves the right to charge interest on overdue accounts and may suspend deliveries, services, or support until outstanding balances are paid.
5. Delivery
Delivery dates provided by the Company are estimates only and are subject to product availability, manufacturer supply schedules, and transportation conditions. The Company shall not be liable for delays in delivery caused by circumstances beyond its control.
Risk of loss or damage transfers to the Buyer upon shipment or delivery of the products.
6. Inspection and Acceptance
The Buyer must inspect all products upon delivery. Any claims for shortages, incorrect items, or shipping damage must be reported to the Company within forty-eight (48) hours of receipt.
Failure to notify the Company within this timeframe may constitute acceptance of the products as delivered.
7. Warranty
Products supplied by the Company are covered by the manufacturer’s standard warranty where applicable. The Company warrants that products will be free from manufacturing defects under normal use during the warranty period.
Warranty coverage does not apply to damage caused by misuse, improper installation, unauthorized modifications, environmental exposure beyond product specifications, or accidental damage.
Warranty service may require the product to be returned to the manufacturer or an authorized service center.
8. Product Performance and Accuracy Disclaimer
Positioning and measurement technologies, including GNSS, LiDAR, hydrographic survey systems, and machine control equipment, are affected by environmental conditions, satellite availability, signal interference, and operational procedures.
The Company does not guarantee specific accuracy levels under field conditions. The Buyer is responsible for verifying measurements, control points, and results prior to use in survey, construction, or engineering applications.
9. Technical Support and Training
The Company may provide technical support, training, and product assistance as specified in the sales agreement. Standard support may be provided remotely.
On-site support, travel, extended training, or advanced consulting services may be subject to additional fees unless otherwise agreed in writing.
10. Returns and Restocking
Product returns require prior authorization from the Company and the issuance of a Return Merchandise Authorization (RMA). Returned products must be unused, in original condition and packaging.
A restocking fee may apply. Custom-configured products, special orders, software licenses, and activated subscriptions may not be eligible for return.
11. Software and Subscription Services
Software, firmware, cloud services, correction networks, and other digital services are subject to the licensing terms of the applicable software provider or manufacturer.
Subscription services may be billed periodically and may automatically renew unless cancelled in accordance with the service agreement.
12. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, or special damages including loss of profits, project delays, rework costs, equipment downtime, or loss of data.
The Company’s total liability arising from any claim shall not exceed the purchase price of the product giving rise to the claim.
13. Customer Data and Project Information
Survey data, project models, machine control files, geospatial measurements, and other user-generated data remain the property and responsibility of the Buyer.
The Company is not responsible for loss, corruption, or errors in customer-generated data and recommends regular data backup and verification procedures.
14. Intellectual Property
All trademarks, software, firmware, documentation, and proprietary technologies supplied with products remain the property of their respective manufacturers or licensors.
The Buyer agrees not to copy, modify, reverse engineer, or redistribute proprietary technology except as permitted under applicable license agreements.
15. Force Majeure
The Company shall not be liable for delays or failure to perform due to events beyond its reasonable control, including but not limited to supply chain disruptions, transportation delays, labor disputes, natural disasters, satellite outages, government actions, or other unforeseen circumstances.
16. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable laws of Canada.
Any disputes arising from the sale of products or services shall be resolved in the courts of Ontario.
17. Amendments
The Company reserves the right to update or modify these Terms and Conditions at any time. Updated terms will be published on the Company’s website and will apply to future transactions.