These are the terms and conditions of sale between Frontier Construction Products Ltd (the “Seller”) and the buyer (the “Purchaser”).

1. All orders are subject to review and ACCEPTANCE by the Seller.  The Buyer accepts the following terms & conditions and changes are not accepted unless agreed to in writing by the Seller.
   
   
2. PRICES are subject to change with 30 days written notice from Seller. All prices are exclusive of taxes, freight (unless otherwise indicated), storage, and waiting times. Prices are based on full orders, lesser quantities may affect pricing.  Part load charges will be incurred if the Purchaser requests deliveries to be made in quantities of less than a full load, other than the final load. Acceptance of quotation does not obligate the Seller until the Purchaser’s credit is approved by the credit department.  The Seller may charge additional costs such as, but not limited to delivery redirection or waiting charges, change orders, packaging, or storage fees for products ordered but stored at Seller’s location.
   
   
3. INVOICING TERMS are net thirty (30) days following the date of invoice.  All payments shall be without any holdback, set off, or other claim. Interest will be chargeable at a rate of two percent (2%) per month on overdue accounts.  Payments received will be applied first to interest and then to principal.  For unpaid amounts collected through legal proceedings or by a collection agency, the purchaser shall pay legal and agency fees, interest charges and reasonable costs incurred by Seller.
   
   
4. Goods are sold EXW (Ex Works – Incoterms 2020) the Seller’s yard, located at 4005 – 50 Avenue, Thorsby, AB, unless otherwise specified by the Seller.  The Goods will be loaded by the Seller at which point they become the responsibility of the Purchaser, such assistance is provided at the sole risk of the Purchaser.
   
   
5. Orders quoted with delivery to site will be shipped in installments and in full truckloads. Delivery will be DAP (Delivered at Place – Incoterms 2020) where upon the responsibility passes from Seller to Purchaser upon arrival of goods The Seller requires a minimum forty eight (48) hours notice to schedule shipping.  Purchaser is responsible for unloading Goods in their entirety at the destination specified in a safe and timely fashion.  If the Seller’s delivery vehicle is kept on site longer than sixty (60) minutes after arrival, or is directed to another site, additional charges will apply.  Delivery will be made as close to jobsite or designated storage area as is practical for loaded trucks and trailers operating under their own power, without risk of accident, injury or undue delay.  The Purchaser shall provide and maintain suitable access roads to the site for delivery of Goods.  The Purchaser is solely responsible to provide safe access to delivery site and is solely responsible for any accident or damage resulting from their failure to do so and shall not hold the Seller responsible for any claims of loss or damage caused unless caused by the Seller’s negligence.  The Purchaser is responsible for any damage done to the Seller’s equipment or Goods during unloading.  The Purchaser shall assume responsibility of any dirt, debris, or mud left on the roads by the Seller’s trucks as a result of conditions at the delivery location.
   
   
6. The Purchaser is responsible for VERIFYING the accuracy of all orders. The quantity on the signed packing slip shall be considered conclusive evidence of the quantity delivered unless otherwise reported at the time of delivery.  The purchaser is responsible for inspecting Goods at the time of delivery, if discrepancies are not reported within two (2) days of being received the Goods will be the deemed received by the Purchaser.  The Seller will not be liable for any other labour costs or other consequential damages.
   
   
7. NO PICK UP OR DELIVERY DATES ARE GUARANTEED BY THE SELLER. All dates are estimates only, dates in quotation or elsewhere are approximate only and not contractual.  The Seller will not be liable for loss or damage (including loss or profit and consequential loss) to the Purchaser in case of any failure to deliver on any particular date. The Seller shall incur no liability for any delay in delivery caused by conditions beyond the Seller’s control.
   
   
8. No WARRANTIES, representations, conditions, or agreements exist which are not set out in the quotation.  The Seller warrants material and workmanship of Goods to be free of defects at the point of sale.  The Seller has no control over the use, storage, handling, or installation of Goods and as such will not guarantee condition of product after the point of sale.  At point of sale if any goods are found to be defective the Seller will deliver new goods but it is a condition of sale that this will be the limit of the Seller’s liability.  The Purchaser is responsible for ensuring the design has been properly engineered and that the Goods are adequate for the project.  The Seller shall not be responsible for the results of any advice provided free of charge in connection with the design, installation, or use of the Goods.  All Goods are sold meeting standard specifications, manufacturing variations, and tolerances.
   
   
9. Purchaser must obtain written approval from the Seller before RETURNING any Goods. CANCELLATION or return of custom Goods is not permitted.  Purchaser is responsible for any freight charges to return the Goods to a location designated by the Seller.  Returns for credit are subject to a restocking fee of twenty five to one hundred percent (25-100%), depending on the item(s), and subject to satisfactory inspection by Seller. Written approval with terms must be acquired prior to return.  Application for a credit return must be made within three (3) months of purchase.
   
   
10. FORCE MAJURE If the Seller’s ability to supply the products shall be curtailed or limited, directly or indirectly, by acts of God, act of public enemy, acts of government bodies or agencies foreign or domestic, sabotage, riot, fire, flood, accident, equipment or machinery breakdown not related to Seller’s negligence, sabotage, strike or any labour disturbance, typhoon, explosions or other catastrophes, epidemics pandemics or quarantine restrictions, accident, freight embargoes, delays occasioned by carriers, or delays of a supplier of the Seller, or because of any other cases beyond the Seller’s control, in whole or in part, the failure of the Seller to ship the products to the Customer shall not constitute a breach or failure of performance hereunder for the period of time occasioned by such occurrence.
    
    
11. WAIVER of any one or more of the terms and conditions hereby the Seller shall not constitute a general waiver of terms and conditions and the Seller reserves the right to enforce any and all conditions not so waived.  Any such waiver must be in writing.