These terms and conditions (“Terms”, “Agreement”) are an agreement between Smith Metal Works LTD (“Smith Metal Works LTD”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the smithmetalworks.ca website and any of its products or services (collectively, “Website” or “Services”).

 

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

 

Billing and payments

 

Proposal

  • 25% deposit of the total cost on customer order prior to production.
  • 50% of the total cost due during fitting the project, or upon receiving approval for a picture of the production in shop.
  • 25% of the total cost after completion of installation.
  • Final price will be provided after visiting the site and deciding on all details of the final design
  • All material shall remain the property of smith metal works until final payment is received.
  • If quotation is based upon measurement taken from blueprints supplied by the purchaser, the purchaser agrees to pay extra costs incurred incase the actual on-site measurement is different from blueprints provided by purchaser, as a result of those changes in design.
  • payments on account of contracts are to be made to smith metal works only and no other third party unless directed in writing by the contractor.

 

Online Orders

  • You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
  • We reserve the right to change products/services and product/services pricing at any time. We also reserve the right to refuse any order you place with us.
  • We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

Payment methods

  • We currently accept, cash, cheque, and money Transfer for onsite-offline payments and major credit cards, bitcoin, and PayPal for online payments.
  • We reserve the right to change, remove, or add a new payment method/gateway at any time without a prior notice to customers.

 

Warranty

  • Service work; 90 days on parts; 30 days on parts labor.
  • Once the paint is approved on-site it is no longer under warranty.
  • Warranty on galvanized materials is limited.
  • Warranty is NULL and/or VOID if invoices are not paid as per terms of the contract.

 

Quoting and installation

  • Customers shall provide a schedule specifying required delivery. In the event that the customer is not ready for product installation according to schedule, we reserve the right to deliver the products to the site or inventory them in our warehouse, and invoice the customer for the product value of the contract.
  • During fitting (If Applicable), the customer is obliged to sign the fitting form which indicates the approval of finalizing the design, materials, and scope of work needed. Forms (project checklist) to be sent with the installers to be signed.
  • During installation customers should ensure that an authorized person is on-site till the completion of the installation to approve and sign off the installers completion sheet.
  • Due to the size and transport of materials, some minor scratches and dents may occur and are not considered defects, these may be touched up by the installers and will not affect the warranty. The contractor shall not be responsible for any minor variations on color and texture of goods supplied or tendered from the color and texture of samples of such goods. The customer agrees that such variation shall not be grounds for any reduction in the purchase price and hereby waives all claims against the seller arising out of such variations.
  • All additional work done either labor and/or material, other than as set out in quotation agreements shall be an extra charge over and above the agreed price. If completion of work is delayed by no fault of Smith Metal Works LTD, then this estimate is subject to increase for the purpose of covering any additional time and/or coasts.
  • Customers are to ensure that the work area is free of all encumbrances, or work may not commence in the agreed manner. Additional charges may apply for the technician to move objects or unaccounted delays, if any extra costs incurred due to poor site conditions, an extra fee may be added over and above the agreed price.

 

Returns

All returns must be approved Smith Metal Works LTD. After authority is granted, the material must be returned within 30 days. Any material returned must be freight prepaid and be in a re-sellable condition. A restocking charge or partial credit may apply depending on the situation and the condition of the material at Smith Metal Works LTD discretion. Custom made, cut to length and special order items are not returnable. No credit is issued for scratched or otherwise damaged material caused while in your possession or during its return transport.

 

Freight

Online purchases may allow you to select a service level. Your order will be shipped “prepaid” and a shipping price will be added to your order. If a cost to ship was not known or otherwise omitted from your order you will be invoiced separately at a later date. When the carrier picks up a shipment from Smith Metal Works LTD and signs the Bill of Lading, this verifies that the shipment is complete and in good condition, and title to the material passes to the freight company. When receiving a prepaid shipment, you are responsible to inspect it. If the piece count matches the delivery slip and the shipment is undamaged, sign for it, but if there is visible damage or you suspect damage note carefully the items below:

  • If the damage is obvious while the shipment is still in the carriers’ vehicle take pictures before unloading.
  • Unload the shipment and inspect the packages. If you suspect hidden damage due to the condition of the packaging, ask the driver to wait while you open the affected item(s). Take pictures of any damage.
  • Note any damage or shortages on the delivery slip before signing it. Be specific, “subject to inspection” is not a valid description. If there is no carbon copy take a photo of the paperwork. Some carriers use an electronic signature, ask the driver how to document the damage.
  • Contact Smith Metal Works LTD at once. We will file a claim with the carrier. Replacement material will be shipped as soon as possible at our cost unless your failure to follow the steps above results in a denied claim, in which case you will be billed at prevailing prices and terms.
  • You must keep any damaged material and packaging available for inspection or salvage until you are told it is OK to dispose of it.
  • You may have hidden damage that was not detected at the time of receiving. Make sure to unwrap and inspect all packages within 15 days, otherwise it is assumed the damage occurred while in your possession. Take pictures.

 

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

 

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Smith Metal Works LTD with respect to such other services. Smith Metal Works LTD is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Smith Metal Works LTD to disclose your data as necessary to facilitate the use or enablement of such other services.

 

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Smith Metal Works LTD will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

 

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Smith Metal Works LTD or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Smith Metal Works LTD. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Smith Metal Works LTD or Smith Metal Works LTD licensors. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Smith Metal Works LTD or third-party trademarks.

 

Limitation of liability

Smith Metal Works LTD makes no claim for any of its products/services as to their use or fitness for a particular purpose. Under no circumstances, whether as a result of the contract, breach of warranty, tort, strict liability, or otherwise, will Smith Metal Works LTD be liable for consequential, incidental, special, or exemplary damages. Smith Metal Works LTD accepts no responsibility for the selection or application of materials.

 

Indemnification

You agree to indemnify and hold Smith Metal Works LTD and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

 

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

 

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to info@smithmetalworks.ca

This document was last updated on April 20, 2021