These Terms and Conditions of Sale cancel and supersede all previous terms issued by DreMar Industries Ltd. (“DreMar Industries”) relating to Parts, Equipment, and Services. The provisions herein apply to all Products supplied and Services performed for the Buyer on or after the effective date and remain in force unless replaced in writing by DreMar Industries.
Acceptance of any order by DreMar Industries constitutes a binding agreement and confirms the Buyer’s acceptance of all terms contained herein. Buyer acknowledges that no purchase order or other document issued by Buyer may alter, add to, or modify these Terms unless expressly agreed to in writing by DreMar Industries.
The Products supplied are intended exclusively for industrial and commercial use by trained professionals.
1. Cancellation Clause
Once an order is accepted, cancellation requires written approval from DreMar Industries. Buyer shall be liable for all costs incurred up to the date of cancellation, including (but not limited to) engineering, materials, restocking fees, and administrative charges. Deposits or milestone payments already made are non-refundable unless otherwise agreed in writing.
This Agreement supersedes all prior representations, agreements, or communications. No additional or conflicting terms proposed by Buyer shall apply unless accepted in writing by DreMar Industries.
2. Permitting & Project Management Disclaimer
Unless expressly stated in DreMar Industries’ quotation, permitting services, engineering coordination beyond equipment design, and general project management are not included in the scope of supply. These responsibilities remain solely with the Buyer or their designated representatives.
3. Taxes and Duties
Unless otherwise stated, quoted prices exclude all taxes, duties, export charges, or similar governmental assessments. Buyer is responsible for the filing and payment of any such amounts.
All prices are in Canadian Dollars (CAD) unless specified. Buyer may provide a valid tax-exempt certificate to avoid applicable taxes; otherwise, all required taxes shall be invoiced and paid by Buyer.
4. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL DREMAR INDUSTRIES BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, LABOUR COSTS, THIRD-PARTY REPAIRS, PERSONAL INJURY, OR NON-COMPLIANCE WITH ANY FEDERAL, PROVINCIAL, OR MUNICIPAL LAW.
TOTAL LIABILITY OF DREMAR INDUSTRIES SHALL NOT EXCEED FIVE PERCENT (5%) OF THE TOTAL ORDER VALUE.
5. Patents, Copyrights, Trademarks & Confidentiality
No rights or licenses under DreMar Industries’ intellectual property are granted or implied through the sale of Products or performance of Services.
All drawings, plans, manuals, photographs, specifications, and related documents (“Information”) remain the exclusive property of DreMar Industries and may not be disclosed, transferred, reproduced, or used for any purpose other than operating or installing the Products without prior written authorization.
These restrictions do not apply to Information that:
(a) is publicly available at the time of disclosure; or
(b) is lawfully obtained by Buyer from a third party not under obligations of confidentiality.
6. On-Site Services
If DreMar Industries is required to perform work at Buyer’s site, the Buyer shall provide safe access, adequate power, and compliant working conditions.
DreMar Industries may suspend or terminate work if unsafe conditions are present. Buyer is responsible for correcting such conditions immediately.
Any delays or additional costs caused by unsafe conditions, code violations, or other Buyer-controlled factors shall result in equitable adjustments to price and schedule.
DreMar Industries is not responsible for pre-existing site conditions or for damages arising from inspection, disassembly, or access required to perform Services.
Unless expressly agreed, Services do not include architectural or structural work.
7. Runway Systems (If Applicable)
Structural steel will be prepped to SSPC-SP3 and primed with red or grey oxide primer.
Unless otherwise noted, runways are designed for welding to support brackets/corbels supplied by others.
Free-standing systems include base plates, columns, bracing, beams, rail, and end stops. Anchor bolts are supplied by others unless explicitly included in the quotation.
All support structures must be levelled within 1/4” (6mm) of datum by Buyer prior to installation.
Buyer assumes responsibility for ensuring all buildings or structures carrying the crane system are adequate for rated loads.
8. Tariffs and Import Duties
Quoted prices exclude tariffs, customs charges, and other government-imposed surcharges. These amounts fluctuate and will be applied at the time of shipment based on prevailing rates. Buyer is responsible for paying all such charges.
9. Force Majeure
DreMar Industries is not liable for delays or failure to perform due to causes beyond reasonable control, including but not limited to: strikes, fire, explosion, civil unrest, severe weather, war, terrorism, epidemics, transportation stoppages, supply shortages, regulatory changes, or acts of God.
Schedule and pricing shall be adjusted equitably where delays or additional costs arise from such events.
10. Late Payment Terms
All invoices are due upon receipt unless otherwise stated in the quotation or sales agreement.
Any invoice remaining unpaid for more than thirty (30) days past the stated due date shall incur a late payment charge of three percent (3%) per week on the total outstanding balance.
Late fees:
DreMar Industries reserves the right to:
(a) suspend production, shipment, or on-site work until all overdue amounts (including late charges) are fully paid;
(b) withhold drawings, engineering documents, certifications, or load test reports until the account is brought current;
(c) pursue collections or legal remedies at Buyer’s expense.
Buyer agrees to pay all reasonable legal fees, administrative fees, and collection costs arising from late or non-payment. agency, laws, regulations or administrative practices.
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