In these terms and conditions “the Customer” shall mean the person, firm, company or authority whose order has been accepted by the Company and “the works” shall mean the works to be carried out pursuant to an order by “the Company” (TOP METAL / BIN: 260789284).


1. Any provision stipulation or condition in the Customer’s conditions of order or otherwise which conflict with or in any way qualifies or negates any of these terms and conditions shall have no effect and these terms and conditions shall prevail.

2. No variation of these terms and conditions shall be valid unless evidenced in writing under the signature of a director of the Company.

3. All Quotations or estimates by the Company are by way of invitation only and may be withdrawn without notice and the Company shall not be bound until it has dispatched a written acceptance of order to the Customer.

4. All prices are based on the cost to the Company of goods and materials, labor, transport and other costs ruling at the date when such priced were quoted. In the event of any such costs to the Company being increased directly or indirectly prior to completion of the works, the Company reserves the right to charge all such increases as an addition to the contract price.

5. We are registered for GST and HST with the Province of Ontario.

6. The Company reserves the right to request interim payments on account to the value of the work and / or materials.

7. Unless otherwise agreed in writing, payment is due in full on completion of works. Should payment not be received within 15 days following the date of the invoice, the Company may charge interest at the rate of 3% per day on all overdue amounts.

8. Any commencement or completion dates given by the Company at any time are given in good faith but time is not of essence of the contract and the Company shall not be held liable for loss, damage or expenses suffered by the Customer or any other party arising directly or indirectly from the Company's failure to comply with such dates.

9. If any given completion date is delayed for any reason beyond the Company's control (Including but not limited to inclement weather, accidents, loss or damage of any kind, strikes, cessation of labor affecting any trade engaged upon the works or the inability of the Company to secure labor and / or materials) a fair and reasonable extension of time for completing the works shall be granted to the Company and the Customer shall be responsible for the security, protection and safe keeping of such materials and equipment howsoever arising.

10. If for any reason the Company is unable to complete the works, the Company's liability will not exceed the value of the uncompleted part of the works and the Customer will remain liable to pay for the value of the completed part.

11. Materials and equipment delivered to the Customer's site for use will remain the Company's property until payment has been made in full, and in the case of materials and equipment, which remain unfixed until the Company has received payment in full. Until such fixing or payment the Customer is responsible for the security, protection and safe keeping of such materials and equipment howsoever arising.

12. Where applicable the Customer is responsible for the accuracy of any drawings, design and / or specifications submitted to the Company by or on behalf of the Customer and the Customer will indemnify the Company and keep it indemnified against any cost, claim, liabilities or damage caused by any errors, omissions or inaccuracies in such drawings, designs and / or specifications.

13. The Customer will obtain all requisite building, planning and other statutory and bylaw consents and licenses required in respect of the works and will indemnify the Company to keep it indemnified in respect of any failure to do so.

14. The Companies liability in respect of works carried out and / or materials supplied under any conditions, warranties or their terms whether expressed or implied by statute or otherwise shall be subject to the following: Where a written guarantee or warranty is given by the Company the Company's liability shall be limited to the terms of such a guarantee or warranty; and a) Any such guarantee or warranty shall not apply in respect of damage from the result in foot traffic upon the roof surface, abnormally high winds/storms or excessive movement of the roof structure; and b) The Company shall be given immediate notice of any defects being discovered in writing and no remedial works shall be a carried out by any person, firm or company; and c) The Company's liability shall in any event be limited to the contract price. Cancellation of Customer’s order will be accepted only at the Company's discretion and the Company reserves the right in such an event to charge for all costs incurred prior to and / or resulting from such cancellation in addition to such other remedies as it may have.

15. Top Metal reserves the right to revise these Terms at any time, subject to applicable law.

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