Terms and conditions of sale

Material shortage. Notwithstanding any provision to the contrary in the contract documents, due to an indefinite shortage of steel material in North America and delays in the production of steel material by suppliers, we reserve the right to adjust the schedule if we are unable to procure the material required for this order according to the agreed schedule. Should the above-mentioned shortage affect the supply of material for this order, we will not be held responsible for any damage or delay resulting from a schedule adjustment.

Warranties. All materials manufactured by us are warranted for a period of one (1) year from the date of delivery against defects in workmanship and materials. If any materials fall within the terms of this warranty, Canam shall, at no cost to Buyer, at Canam's option, either: (i) repair such defective materials; or (ii) supply replacement materials. Damage to materials caused by the Buyer or any person not under the control of Canam, an event of force majeure, faulty installation, use other than that for which the material is designed, abnormal or abusive use or other causes unrelated to Canam's operations are specifically excluded from the coverage of this warranty. The foregoing warranties are exclusive and are given and accepted in lieu of all other warranties, express or implied, to the extent permitted by applicable law. Buyer's remedies for any breach of warranty shall be limited to those provided herein.

Limitation of Liability. Canam's liability for any claim or loss or damage arising out of the Agreement shall be limited to the cost of replacing or correcting, at Canam's option, the defective material and shall in no event exceed the Agreement price. In no event shall Canam be liable for incidental, consequential or indirect damages, including any loss of profit or loss of revenue, or liquidated or punitive damages that may be assessed against the Customer for any reason whatsoever.

Order processing time. Once an order has been placed, we will contact you within two business days to confirm the manufacturing schedule and shipping date, if applicable.

Delivery. Title and risk of loss. Title and risk of loss for all materials shipped by Canam shall vest in Buyer upon delivery to Buyer. Delivery shall be deemed to have occurred when the material has been unloaded from the delivery truck at the agreed upon delivery site or, if access to the agreed upon site is impeded or deemed impossible by the truck driver, at any alternative location agreed upon between Buyer and Canam and reasonably accessible by the delivery truck.

The shipping price for the sale of material includes two (2) hours of waiting and unloading at the delivery site. Canam may, at its option, charge Buyer $120.00 per hour for unloading and waiting time in excess of the two (2) hours initially allowed.

Canam will notify Buyer of the date and time of delivery no later than the day prior to delivery. Canam will accept Buyer's claims for shortages on the shipment provided the shortages are noted on the shipping documents at the time of delivery.

Shipping for steel deck, purlins and girts delivered by Canam through the Online Store have limited range due to orders mostly never reaching total payload capacity. Orders made through the Online Store lack custom shipping fees based on weight. Therefore, some provinces cannot be shipped to and explains why we rely on the Customer's shipping province input to correctly identify which products can or cannot be shipped to the desired province.

Force Majeure. Canam shall not be liable for delays in delivery and performance, in whole or in part, due to any cause beyond Canam's reasonable control or force majeure (superior force), including, but not limited to: labor disputes (whether legal or illegal); shortage of carriers, materials or supplies. In the event of delay, the lead time will be extended accordingly.

Claims and Indemnification. Claims for shortages, damaged goods in transit and defective material must be reported to Canam, in writing, within 48 hours of delivery of the item. No item will be returned to Canam without Canam's prior written consent.

Buyer agrees to indemnify and hold Canam harmless from all claims, demands and costs, including reasonable attorneys' fees, made by third parties against Canam relating to Buyer's use or installation of materials, and to pay all costs and expenses incurred by Canam in enforcing Buyer's obligations, including, without limitation, collection costs for any unpaid amounts owed to Canam by Buyer.

Assignment. Canam may assign the manufacture of the equipment sold to Buyer and any contract relating thereto to any person, in which event Canam shall be relieved of its obligations hereunder.

Governing Law and Choice of Venue. These Terms and Conditions shall be construed in accordance with the laws of the Province of Quebec. Legal proceedings arising out of or in connection with the application or interpretation of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec.

Legal. Legal proceedings instituted by Canam or the Buyer with respect to a dispute concerning the validity or enforceability of a mortgage or other security interest affecting the materials sold shall be subject to the laws of the jurisdiction where the materials were delivered and the courts of that jurisdiction.