Terms and Conditions
Conditions of Service:
- Applicable taxes are not included in our prices
- Our normal working hours are 8 hours per day Monday to Friday between 7:00 and 17:00.
- Overtime will be charge at 1.5 times the regular rate after 8 hours of continuous work and on Saturdays, double time after 12 hours, on Sundays and statutory holidays.
- Unless indicated otherwise, the above rates include coordination efforts, report preparation and review of results.
- Additional costs (mail, courier, hotel accommodation, airfares, train, taxi, etc.) will be charge at cost plus 15% administration fees.
- Rates are valid for a 30 days period from the quotation issuance.
- Additional conditions may apply if site work is required.
Commercial Conditions
- For new or international clients, testing charges shall be paid in advance of the execution of services.
- For Canadian clients, payment can be done in 30 days, but subject to credit approval by CMTB
General Conditions
- Unless otherwise agreed in writing or except where they conflict with (i) the regulations governing services performed on behalf of governments, government bodies or any other public entity or (ii) the mandatory provisions of local law, all proposals or services and all resulting contractual relationship(s) between Bureau Canadian des Tests des Matériaux inc. / Canadian Materials Testing Bureau Inc.(hereinafter referred to as “CMTB”) and CLIENT (the “ContractualRelationship(s)”) shall be governed by these terms of service (hereinafter the “Terms”).
- The CMTB may perform services for persons or entities (private, public or governmental) issuing instructions (hereinafter, the “CLIENT”).
- Unless the CMTB receives prior written instructions to the contrary from Client, no other party is entitled to give instructions, particularly on the scope of the services or the delivery of reports or certificates resulting therefrom (the “Reports”). Client hereby irrevocably authorises the CMTB to deliver Reports to a third party where so instructed by Client or, at its discretion, where it implicitly follows from circumstances, trade custom, usage or practice.
Terms
- Our proposals (service offers) constitutes an estimate of costs based on the services (tests and / or consulting services) included in these documents. If other services become necessary, the CMTB agrees to obtain the approval of the CLIENT before incurring additional costs.
- Each party commits not to disclose, directly or indirectly, any confidential information of the other party without having previously obtained its written authorization.
- The CLIENT commits to provide as soon as possible any technical information or other information requested by the CMTB and which is necessary or useful to the smooth progression of work. The CMTB will not be held responsible for any error caused by incorrect or incomplete information provided by the CLIENT.
- The CLIENT acknowledges that the CMTB may subcontract all or part of the work of the project including certain tests and inspections.
- The CMTB as well as the third parties whose services are retained by the CMTB cannot be held responsible for any inconvenience, damage, material and /or financial loss or other due in particular, but not limited to the delay in the deadlines resulting from losses considered essential to the success of the work, fortuitous events or any other cause.
- It is understood that in the performance of these services, CMTB's liability is limited to the strict price of the services rendered or products sold and that this liability covers only compensatory damages, to the exclusion of all damages. Interests of an indirect, punitive or exemplary nature and the CLIENT agrees.
- Our service offers are valid for a period of thirty (30) days from the date submitted.
- Any modification made verbally with the CLIENT constitutes a review of the contract. The CLIENT must also agree on the consequences of the modification on the schedule and cost of the work.
- The signature of our service offers by the CLIENT expressly allows the CMTB to use fax or e-mail as a means of communication of any result of the services or any other confidential data.
- The proposed completion time for any project (laboratory test and / or consulting services) is estimated and could vary according to the occupation of the laboratory or other services, the problems encountered during the realization of the project or the tests or for any other reason. The start date of the work will be defined as soon as all the contractual terms have been completed.
- The CLIENT will be required to send the confirmation of project completion no later than 5 working days after receiving the final report certifying that the services have been rendered and that they have been completed. After this period, CMTB considers that the project is completed and closed and additional administration and / or expertise fees may be applied to reopen the project.
- The CMTB guarantees that the services will be carried out in accordance with the applicable standards in such matters.
- The costs incurred and to be incurred by the CMTB for the project are the responsibility of the CLIENT and they must be paid according to the conditions specified in the service offer. Payment is due upon receipt of invoices.
- When a deposit is paid by credit card, and in the event that the balance remains unpaid more than 30 days after issuance of the invoice, the CLIENT authorizes the CMTB to withdraw the project balance from the same credit card.
- Where discounts would have been granted, this only applies if the invoices are honored within 30 days of the invoice date. In addition, interest of 1.5% per month (18% annually) will be applied to any unpaid balance over thirty (30) days from the date of the invoice.
- In the event of the CLIENT's insolvency or in the event of non-payment of invoices within an expected period or in the event of failure to meet the requirements of this contract, the work already carried out during the project, samples, measurements, observations, intermediate or final results will become the exclusive property of the CMTB with no right of recourse for the CLIENT. In addition, in the event of the insolvency of the CLIENT or in the event of failure to pay invoices within an expected period, any clause of non-disclosure of information held by the CMTB, or confidentiality agreement binding the CMTB to the CLIENT will become void and void for work carried out under this contract.
- The samples received will be kept by the CMTB for a maximum period of 30 days. After this period, the CLIENT agrees that the CMTB will be free to dispose of the samples as it sees fit.
- Unless otherwise specified, the CLIENT agrees to be informed electronically of the activities of the CMTB, through bulk mailings.
- Our services are offered under the laws of the Province of Quebec.