TERMS & CONDITIONS OF SALE AND SERVICE

1.1 Payment terms for Customers with approved credit accounts are Net 30 Days from the invoice date.
1.2 All transactions without approved credit must be COD prior to commencement of work or release of materials.
1.3 Overdue accounts accrue interest at 2% per month (24% per annum) on all unpaid balances until paid in full.
1.4 Credit card payments made after 10 days from the invoice date are subject to a 3% processing fee.
1.5 Invoices with a total value greater than $1,000 that are paid by credit card are subject to a processing fee of up to 3%, applied at the discretion of E.D.A. Mechanical Services Ltd.
1.6 The Customer agrees to pay all reasonable costs of collection, including legal fees, third‑party collection agency fees, administrative charges, and court costs, as permitted under Manitoba law. 

2.1 All applicable federal and provincial taxes will be added in accordance with governing legislation.
2.2 Freight, handling, delivery, and any applicable tariffs are additional charges and are not included in quoted pricing unless expressly stated in writing.
2.3 Quotes exclude unforeseen surcharges, fuel adjustments, or supplier-imposed fees unless otherwise specified. 

3.1 Any disputes regarding invoices, charges, or work performed must be submitted in writing within 10 days of invoice receipt.
3.2 If no written dispute is received within this period, the invoice is deemed complete, correct, and accepted.
3.3 Disputes do not relieve the Customer of the obligation to pay undisputed portions of an invoice. 

4.1 E.D.A.’s liability is strictly limited to the value of the goods or services provided.
4.2 E.D.A. shall not be liable for any consequential, incidental, indirect, special, exemplary, or punitive damages, including but not limited to: 

• loss of use 

• loss of profits or revenue 

• loss of goodwill 

• business interruption 

• increased operating costs 

• impairment of other goods 

• shutdown or non-operation losses 

• replacement power costs 

• claims by the Customer’s clients or third parties 

4.3 These limitations apply regardless of the legal theory asserted, including contract, warranty, negligence, strict liability, indemnity, or otherwise.
4.4 No offsets, back-charges, or deductions may be taken without E.D.A.’s prior written consent. 

5.1 E.D.A. assumes no liability for damage or loss occurring during shipment.
5.2 All shipments must be unpacked and inspected immediately upon receipt.
5.3 Any visible or concealed damage must be noted on the delivery receipt and reported to the carrier immediately.
5.4 E.D.A. is not responsible for consequential damages arising from the installation or use of damaged products. 

6.1 E.D.A. warrants only that goods and services will conform to the specifications expressly agreed upon in writing.
6.2 No additional warranties, express or implied, including merchantability or fitness for a particular purpose, are provided unless explicitly stated.
6.3 Warranty claims must be submitted promptly and in accordance with E.D.A.’s warranty procedures. Warranty procedures can be found on our website: www.edamechanical.com 

7.1 The Customer is responsible for providing accurate information, safe access to job sites, and any required permits or approvals.
7.2 Delays caused by the Customer may result in additional charges.
7.3 The Customer agrees not to redistribute, disclose, or share any confidential information provided by E.D.A. 

8.1 All pricing, documentation, processes, and communications provided by E.D.A. are confidential and may not be shared, copied, or distributed without written authorization.
8.2 The Customer acknowledges that these Terms may be updated or modified by E.D.A. at any time. 

9.1 These Terms are governed by the laws of the Province of Manitoba.
9.2 Any legal action or proceeding shall be brought exclusively in Manitoba courts. 

10.1 These Terms, together with any written quotation or invoice issued by E.D.A., constitute the entire agreement between the parties
10.2 No verbal agreements or representations are binding unless confirmed in writing by an authorized representative of E.D.A.
10.3 The most current version of these Terms is available at www.edamechanical.com.
10.4 The Customer acknowledges that E.D.A. Mechanical Services Ltd.’s Terms & Conditions cannot be superseded, replaced, or altered by any clause, condition, or statement contained within a customer‑issued purchase order, contract, or other document unless expressly agreed to in writing by an authorized signing authority of E.D.A. Mechanical Services Ltd. 

By purchasing goods or services from E.D.A. Mechanical Services Ltd., the Customer acknowledges that they have read, understood, and agreed to these Terms & Conditions.