The following Terms and Conditions apply to all projects quoted by PJS Systems Inc. (PJS).  Issuance of a purchase order against a quote, or otherwise engaging PJS to provide product and/or service indicates implicit agreement to these Terms and Conditions.

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Quote Validity This quote shall be valid for 30 days from date of issue.  For PO’s received after this date, PJS Systems reserves the right to amend the total price of the contract based on variation of component pricing, currency exchange rates, or other factors.  PJS reserves the right to amend completion dates and duration commitments in this quote and/or in other related communications, due to changes in workload, staff availability, or other factors.

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Terms of Payment These terms supersede any terms shown on Customer’s purchase orders.  Unless otherwise negotiated and approved, our standard payment terms are 50% deposit, 50% upon completion for all purchases.  Upon satisfactory credit check, PJS may extend Net 30 payment terms on invoices.  All invoices unpaid after their due date shall be subject to interest charges at 2% per month (24% per annum).

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Holdbacks In situations where PJS acts as a sub-contractor, and construction holdbacks have been deducted from payments of PJS invoices, PJS will apply for release and payment of all holdback funds immediately upon Substantial Completion (as defined in the BC Builders Lien Act) of the products and/or services provided by PJS in this contract.  Payment of these holdbacks will be due regardless of whether the associated construction project has achieved Substantial Completion.

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Taxes, Duties & Tariffs This quote does not include any present or future Canadian or foreign sales, use, income, value added, import, business, excise or similar taxes, duties, tariffs or other levies which are applicable for the equipment or services offered, and the Customer will indemnify PJS Systems Inc. for any assessments made against PJS directly or indirectly related to this contract which cannot be offset by a corresponding credit under Canadian tax regulations.  Equipment exported from Canada is not subject to Canadian sales or use taxes.  Where the Customer acts as an exporter in fact and fails to provide PJS suitable documentation to permit a refund for any taxes, duties, or other levies paid by PJS, such amounts shall be for the Customer’s account. All taxes, duties, tariffs or other levees shall be added to invoices as required.

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Other Exclusions Unless otherwise explicitly stated in this quote or Scope of Work document, the costs associated with the following items are not included: bonding, permits, cash allowances.

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Project Timelines PJS will make every effort to accommodate requested schedules and completion dates, however, variability and delays can exist due to availability and shipping of component equipment, site conditions, the schedules of other site trades, and unforeseen technical difficulties.  Therefore, unless otherwise explicitly stated, PJS cannot guarantee milestone and completion dates, and assumes no liability associated with variations in the installation schedule and/or date of Substantial Completion.

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Shipping & Freight All delivery of goods are FOB the project site.  Air Freight charges incurred to meet specific Customer requests for accelerated delivery will be added to invoices.

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Equipment Storage In all cases where equipment associated with this project is delivered to site, it becomes the responsibility of the Customer to ensure that a safe, secure, clean environment exists.  PJS assumes no liability for equipment damage, repairs, or rework caused by site conditions, including but not limited to:  other construction activities, dust, electrical surges, tampering, etc.

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Liability Notwithstanding any other provision of the contract, in no event shall PJS Systems Inc. or its suppliers or subcontractors be liable for the following:  any costs incurred by the Customer, loss of anticipated profits, any claims of Customer’s customers or other contractors or for any indirect, incidental, or consequential loss or damage of any nature arising at any time from any cause whatsoever.  The maximum liability of PJS Systems Inc. for any and all claims, losses and/or damages will not, in any event, exceed the price actually paid to PJS Systems Inc. by the Customer under the terms of this contract, regardless whether arising under contract (including breach, fundamental, or otherwise, or implied or statutory or decreed conditions or warranties), tort (including negligence); or based upon strict liability or other theory of law or equity.