Terms and Conditions of Sale

Definitions:

"ABPI" refers to A Better Panel Inc. The term "Company" refers to A Better Panel Inc. or ABPI and the term "Customer" refers to the person, firm, company or corporation or entity to whom the quotation is submitted or with whom the Company enters into a contract.

Acceptance:

Acceptance of the Customer’s order is conditional upon the Customer’s acceptance of the following terms and conditions of sale. Any changes proposed by the Customer must be agreed to in writing by ABPI. All orders are subject to final acceptance by ABPI and are subject to credit approval and prior sale. ABPI shall not be held responsible nor assume any liability for regulatory requirements beyond those specified by the Customer in its request for quotation.

Quotation and Price:

All quoted prices provided by ABPI are valid only for the period stated on the quotation. Prices quoted may be subject to change if acceptance by the Customer is after the quotation expiry date. Prices quoted are EXW(ExWorks) ABPI Plant, Innisfail, Alberta unless otherwise agreed to in writing by ABPI. GST, HST and PST, where applicable will be extra. ABPI reviews all specifications provided to us, however we cannot accept responsibility for errors and omissions made on our quotations. It is the Customer’s responsibility to review the quotation for compliance with their specifications. The Customer must request a revised quote for any changes, errors and omissions. It is the Customer’s responsibility to ensure the goods supplied by ABPI are used in the application for which they were designed.

Payment:

Unless otherwise agreed to in writing by ABPI, all invoices are payable within 30 days from invoice date. Invoices outstanding beyond the due date may incur a finance charge of 2.0% per month on all outstanding invoice amounts. If the Company incurs legal costs and disbursements in recovering overdue amounts, the Customer shall reimburse the Company for such costs. The Company shall have the right to suspend delivery and or credit privileges if any requested outstanding balances remain unpaid after notification by ABPI.

ABPI shall not accept payment deductions from invoices for any reason unless otherwise agreed to in writing by ABPI.

Risk and Title:

Except in the case of goods sold on a delivered to Customer Destination basis, ownership of goods and transfer of risk shall pass to the Customer upon the earliest of completion of the order and the issuance of an invoice or the loading of the order on the carrier. Orders are considered complete when they are packaged and ready for shipment. If shipment of the order is delayed for any reason, ABPI assumes no responsibility for theft or damages incurred while the Customer’s order remains in ABPI’s yard.

When goods are sold on a delivered to Customer Destination basis, ownership of goods and transfer of risk shall pass to the Customer when the goods have arrived at the Customer’s location ready for off-loading.

Delivery:

Delivery dates promised by the Company are estimates only and are subject to change based on material and labor availability, delays resulting from carriers and other causes beyond our control. Delays in delivery shall not entitle the Customer to cancel the order or render the Company liable for damages. Delivery shall be deemed to have occurred when the order is complete and ready for shipment or possession of the goods is given to the carrier for transportation to the Customer whichever comes first or delivered to the Customer destination ready for off-loading. Unless otherwise agreed to in writing by ABPI all freight costs are payable by the Customer.

Warranty and Claims:

A Better Panel Inc. warrants new manufactured goods to be free from defects in workmanship and materials when used in the application for which they were designed for a period of 36 months from delivery to the customer.

If the Customer discovers a defect, ABPI must be notified in writing of the defect. Upon receipt of such notification, ABPI shall, at its option, inspect the defective goods at site or request their return to ABPI for inspection. All defective goods returned to ABPI shall be returned at the Customer’s expense. If, after inspection and at ABPI’s sole discretion, the goods are found to be defective in material or workmanship, the Company shall issue full credit for the freight charges incurred by the Customer in returning the defective product, and shall either issue credit for the original cost of the goods or replace the goods.

This warranty shall not apply if the defect is due to improper installation, use, maintenance or if the goods are not used in the application for which they were designed. Normal wear, accidents, negligence and alterations not authorized in writing by ABPI are not covered by warranty.

The warranty provisions for any goods supplied but not manufactured by ABPI will be limited to the warranty provided by the original manufacturer of the goods.

ABPI shall not be liable for loss of prospective or speculative profits, or special indirect, incidental or consequential damages. Further, ABPI shall assume no liability for expenses including but not limited to personal injury or property damage resulting from the failure of performance of the goods supplied by ABPI.

Any claim made by the Customer shall not prevent payment for the defective goods or any other goods by the Customer unless otherwise agreed to in writing by ABPI.

Cancellation and Return of Goods:

Orders accepted by ABPI are not subject to cancellation by the Customer except with the written consent of ABPI. Cancelled orders are subject to a cancellation fee to be determined by ABPI based on the percentage of completion of the order but in any case, not less than 20% of the order value. Custom orders will be subject to a 100% cancellation fee. Goods may not be returned to ABPI without written authorization. All goods returned are subject to a minimum restocking fee of 20% of the order value. Costs incurred to return goods to ABPI shall be the responsibility of the Customer.

Custom orders may not be returned.

Unloading and Storage of Panels

Arrival on Site - ABPI panels are carefully loaded on skids and wrapped to prevent damage during shipping. The transportation company is responsible for delivering these components undamaged. - When the shipment is received, check each item against the packing slip for quantity, length, damage, etc. If a shortage or damage is found, make sure a notation of it is made on the Bill of Lading and signed by the driver. It is your responsibility to make any damage claim directly with the transport company. - ABPI panels will generally arrive on skids and wrapped in varying lengths up to 40 feet and from 1 to 35 pieces.

Unloading with a Fork Lift - All skids are reinforced at specific lifting points (predominantly centre) to prevent damage while lifting. These are marked on the skids. NOTE* Extreme care should be taken to avoid bumping the panels when lifting and maneuvering.

Unloading with a Crane - Crane lifting of individual skids should be done by reinforced nylon straps (or similar), located at the minimum of two points along the skid. Suitable edge protectors should be used on the top and bottom of the bundles at the sling positions to protect the edges of the panels. - If the skids are longer than 15 feet it is suggested that a properly designed and fabricated lifting beam be used.(Spreader Bar) NOTE* Extreme care should be taken to avoid bumping and dropping of the bundles when lifting.

Manual Unloading - On small loads, unloading of the panels may need to be carried out by hand. NOTE* Special care should be taken when handling. Always lift the panels when removing them from a bundle, NEVER drag them. - NEVER lift a panel by the lip. Turn the panel on edge prior to lifting. IMPORTANT NOTE* All personnel doing these procedures must wear at all times the correct personal protective equipment in order to avoid any personal injuries. - Handling and Storage - The panels shall be handled and stored in accordance with good construction practice to prevent permanent distortion and mechanical damage. - If the panels are not required for immediate use, they should carefully be moved to a designated storage area, preferably under cover. The skids should be stacked no more than two high, square and true on a firm, level surface clear of debris. - If the skids cannot be stored in a covered area do not remove the wrap. - If the panels have been unwrapped arrange them in such a manner so that the water does not accumulate and water build up between panels is avoided. Damages and loss due to improper storage and handling after receipt is customer’s responsibility.

Accessories - Care should also be taken when unloading and storing accessories such as flashing, extrusion, screws, sealants etc. It is recommended that accessories not be exposed to the elements. NOTE* It is extremely important to keep extrusion dry. Trapped moisture will cause discolouration of the aluminum which cannot be removed. ABPI will not be responsible for damage due to moisture.