TERMS AND CONDITIONS OF ALL TRANSACTIONS

  1. Order will be shipped C.O.D. until credit is granted by our credit department, unless otherwise approved in writing.
     

  2. Upon receiving an approved line of credit from our credit department, payment is due 15 days from the date of each invoice, unless otherwise stipulated on invoice.
     

  3. Interest at 2% per month (24% per annum) will be charged on all accounts not paid in accordance with these terms and conditions.
     

  4. All N.S.F. cheques are subject to a $25.00 service charge.
     

  5. Any individual signing this purchase order of quotation hereby guarantees and indemnifies payment of all monies owing from time to time to Timberfield Roof Truss by any corporate purchaser. All payments are to be made on their due date in accordance with these terms of sale or Timberfield Roof Truss may proceed to take any necessary action to collect all monies due. The Purchaser agrees to pay all costs in connection with the collection of any accounts due, including lawyer’s fees on a solicitor and client basis.
     

  6. This contract between Timberfield Roof Truss and the purchaser shall not be assigned without written consent of Timberfield Roof Truss.
     

  7. Title of all goods shall remain with Timberfield Roof Truss until the entire purchase price, interest and costs as provided herein are paid in full. After delivery, all purchased goods shall be at the risk of the Purchaser.
     

  8. This agreement shall constitute the entire agreement between the parties hereto and there are no covenants, promises or agreements, written or oral, except as herein above and/or on the reverse side hereof set forth. Any amendments whatsoever to this agreement shall be in writing. The Purchaser shall be solely responsible for the payment of all applicable taxes, rates, duties, custom excise and/or export duties or fees imposed by any governmental authority having jurisdiction (including GST or other value added taxes) on the sale, purchase, transportation and/or trans-border shipping of any materials supplied by Timberfield Roof Truss to the purchaser hereunder.
     

  9. Timberfield Roof Truss has the right to withhold shipment or cancel the order in event that the purchaser is delinquent in his or her payments on prior shipments or becomes insolvent.
     

  10. All trusses have been engineered and fabricated in accordance with the specifications, quantities, and dimensions provided by the Purchaser and cannot be cancelled or returned for a credit.
     

  11. All claims for shortages incorrectly shipped or damaged materials must be made in writing to the driver upon delivery, or in cases where a Purchaser’s representative is not present on delivery, within 5 working days of delivery in writing to Timberfield Roof Truss’ head office. Any claims for damaged material by the Purchaser shall be limited to replacement thereof or the cost to the Purchaser after investigation and approval by a Timberfield agent.
     

  12. Upon delivery, any changes to the truss specifications and dimensions and any attempt to modify the trusses are unauthorized and void all engineering approvals for the entire product.
     

  13. Authorized changes and modifications of trusses after delivery will be approved by Timberfield only after inspection by a Timberfield agent, followed by the issuance of a signed Timberfield Purchase Order and accompanied where applicable with revised sealed engineered drawings. Purchaser back charges and/or Purchaser hold backs will NOT be accepted without proof of a signed Timberfield Purchase Order.
     

  14. It is the sole responsibility of the Purchaser to understand and to follow the enclosed recommended procedures for handling trusses safely, the recommended procedures for proper truss erection and the recommended procedures for temporary truss erection bracing and permanent overall building bracing. When in doubt, the Purchaser should retain a Professional Engineer to supervise truss erection and/or to specify permanent building bracing.
     

  15. To minimize the potential of Ceiling/Floor partition Separation, Timberfield Roof Truss recommends that all ceiling to wall drywall have floated corner joints.
     

CANADA – As additional consideration under this agreement, the Purchaser grants Timberfield a security interest in all materials delivered to it by Timberfield and acknowledges that Timberfield will be registering a financing statement pursuant to the Personal Property Security Act (Ontario), to reflect such security interest.
 

USA – As additional consideration under this agreement, the Purchaser grants Timberfield a special Power of Attorney limited to the signing and filing of UCC Financing Statements to perfect Timberfield’s security interest in all materials delivered to the Purchaser.