Terms & Conditions
Service Terms & Conditions
Charges for Services
Charges for Services shall include Work Time, Travel Time and Standby Time in accordance with the following schedule and conditions.
- Standard Calibration (short form) – Unit pricing to include minor adjustments complete with certificate of calibration, calibration tag and recall
notification.
Standard Calibration (long form) – Unit pricing to include minor adjustments complete with as found / as left data, calibration tag and recall
notification. - Consulting / Standby / Troubleshooting – Shall include all time MARSH personnel are at purchaser’s job site. Consulting may be performed by
phone or other electronic communication. Premium rates apply per MARSH schedule of rates. - Travel Time: – Shall include time spent by MARSH service personnel in traveling between their customary headquarters and the Purchaser’s job
site and in returning (including travel occurring on Saturdays, Sundays and Holidays). Travel Time shall be paid for at the applicable rate and
Travel Time will not be cumulative with Work Time in determining Overtime. - Standby Time: – Shall include all time that MARSH service personnel are available for work at the Purchaser’s job site, whether on the job site or
not, up to a maximum of eight (8) hours a day, between the hours of 8:00am and 4:30pm, Sunday through Saturday, including Holidays if
availability has been requested by the Purchaser. Standby Time shall be paid for at the applicable rate; Standby Time preceded and/or followed
by Work Time is cumulative in determining Overtime. - Straight Time Rate: – This rate shall be paid for time worked on a regular schedule of eight (8) hours per day, Monday through Friday.
- Overtime Rate: – This rate shall be paid for any time worked in excess of eight (8) hours per day, Monday through Friday and for any time worked
on Saturdays. Holidays shall be those observed in the locality where the work is to be performed.
Charges for Expenses
Purchaser will pay for all traveling and living expenses and all other expenses for each MARSH employee incidental to the work.
Liability & Insurance
MARSH will maintain Workmen’s Compensation insurance to cover injuries to the employees of MARSH and assume payment of any unemployment compensation benefits and payroll taxes relating to such employees.
The Purchaser agrees that MARSH shall, under no circumstances be liable to the Purchaser or to the Purchaser’s agents, servants, employees or customers or to any third party whosoever, for any damages or losses, whether direct, indirect, consequential, special or incidental, suffered or incurred by them whether resulting directly or indirectly from work done or failed to be done by MARSH, its agents, servants, contractors or employees under this contract however caused and whether resulting from the malfunction, negligent operation, or unsuitability of equipment or through any negligence whatsoever of MARSH, its agents, servants, contractors or employees. It being hereby understood and agreed by the Purchaser that all work carried out hereunder shall be done at the sole risk of the Purchaser
Taxes
The Purchaser shall pay to MARSH, in addition to the service charges set forth herein, the amount of all sales, use or other taxes that my be imposed upon this transaction by the Federal Government or any Provincial Government, or any subdivision, but only when MARSH is required by law to collect or pay such taxes.
General
a) Recognizing that MARSH, all its agents, servants, contractors or employees of MARSH are contractually restricted from working for clients of MARSH for a period of one year after leaving MARSH’s employ, the customer agrees not to employ or engage the services, directly or indirectly, of any person now employed by MARSH for a period of one year from the date of job completion. In the event the customer hires a Marsh employee in contravention of this paragraph, customer shall pay Marsh a placement service fee of $40,000.00.
c) In the event any of this work is eligible for SR and ED tax credit, we Marsh Instrumentation Ltd. reserve the rights to these credits.
d) INSPECTION – MARSH, Marsh agents or Marsh client to have free access during regular work hours during performance of the contract to inspect and verify the work performed including associated contract documents and procedures to ensure compliance to contract.
Terms & Conditions of Sale, Repair and/or Calibration
Prices
Any prices quoted shall only be valid for orders placed within 30 days from the date of issue of the quotation. Prices are F.O.B. Our Plant in Canadian dollars. We reserve the right to correct typographical or clerical errors. Prices quoted may be revised if the prices quoted do not reflect the item received for calibration and/or repair.
Charges for Services
- Standard Calibration (short form) – Unit pricing to include minor adjustments complete with certificate of calibration; (calibration tag, calibration rejection tag or limited calibration tag) and recall notification.
- Standard Calibration (long form) – Unit pricing to include minor adjustments complete with as found/as left data; (calibration tag, calibration rejection tag or limited calibration tag) and recall notification.
- Consulting / Standby / Troubleshooting – Shall include all time Marsh Metrology personnel are at Purchasers job site. Consulting may be performed by phone or other electronic communication. Premium rates apply per Marsh Metrology Schedule of Rates.
- Travel Time – Shall include time spent by Marsh service personnel in traveling between their customary headquarters and the Purchaser’s job site and in returning (including travel occurring on Saturdays, Sundays and Holidays). Travel Time shall be paid for at the applicable rate.
- Purchaser will pay for all traveling and living expenses and all other expenses for each Marsh employee incidental to the work.
Liability & Insurance
The Purchaser agrees that Marsh shall, under no circumstances be liable to the Purchaser or to the Purchaser’s agents, servants, employees or customers or to any third party whosoever, for any damages or losses, whether direct, indirect, consequntial, special or incidental, suffered or incurred by tem whether resulting directly or indirectly from work done or failed to be done by Marsh, its agents, servants, contractors or employees under this contract however caused and whether resulting from the malfunction, negligent operation, or unsuitability of equipment or through any negligence whatsoever of Marsh, its agents, servants, contractors or employees. It being hereby understood and agreed by the Purchaser that all work carried out hereunder shall be done at the sole risk of the Purchaser notwithstanding any provision to the contrary herein contained or any provision to the contrary either express or implied in law or equity.
Taxes
The Purchaser shall pay to Marsh, in addition to the service charges set forth herein, the amount of all sales, use of other taxes that may be imposed upon this transaction by the Federal Government or any Provincial Government, or any subdivision, but only when Marsh is required by law to collect or pay such taxes.
Terms
All orders are subject to approval by our Credit Department. Unless otherwise stated, if payment for the invoice due is not made within 30 days after shipment, administration fees of eighteen percent (18%) per year (equivalent to a nominal monthly interest rate of 1 ½%) may be applied on overdue accounts. The terms and conditions herein set forth are based upon tariffs, taxes, foreign exchange rates, delivery and other conditions in effect on the date of this contract. In the event changed conditions, legislation, regulations or other matters shall become applicable to any quotation, contract or delivery hereunder, any increased exchange, duties, taxes, ocean freight, or other charges resulting from such action shall be for the customer’s account and Marsh Metrology may charge such increased duties, taxes or charges to the customer.
Unless the order includes the appropriate exemption certificates and/or licenses, duties and taxes levied by Federal, Provincial or other governments are required to be charged automatically at the rate imposed at time of importation/shipment. Any change in law, regulation or Government Department practice which causes a variation of any kind in the applicable charges from the amounts allowed for in the quotation shall result in an equivalent change in the price quoted.
Until payment is made in full, Marsh Metrology shall retain the right, without notice, to repossess and/or retain the items, and/or dispose of them, for its benefits and hold the customer responsible for any loss. Customer agrees to enter into any agreements, contracts, or notices required confirming such rights.
Security
In order to secure any obligations due to Marsh Metrology from the Customer (whether or not under this contract) the customer grants and confirms in Marsh Metrology a security interest in: a) the merchandise covered by this contract and b) in all property and funds of the customer now or hereafter in Marsh Metrology possession, whether or not arising out of this contract, and in all additions, accessions and proceeds of such merchandise and/or property. The customer hereby authorizes Marsh Metrology to sign alone any financing statement or statements and to do all and any other things which may be necessary to perfect such security interest.
Cancellation
After acceptance, orders may be cancelled only with our approval and payment in accordance with contract by the customer.
We reserve the right to cancel the order if the customer’s financial condition, in our sole judgment, places the payment in jeopardy.
Shipment
- Customer pays all shipping charges both ways.
- Where shipping instructions indicated no exact routing, routing will be determined at the best discretion of Marsh Metrology and the customer shall be liable for any charges beyond F.O.B. point.
- On collect freight shipments, cartage charges from our plant to carrier are for customer’s account. Title to articles passes to customer upon delivery to carrier acting as customer’s agent subject to any right of retention by us. All claims for shortages in and damages in shipment or otherwise must be reported to carrier immediately upon receipt with copy of report to ourselves within five days.
Guarantee
Calibration: Marsh Metrology warrants that the calibration performed meets the specifications and conditions as stated on the associated calibration certificate at the time the unit leaves the lab.
Repair Work: Defined herein as work and services performed by Marsh Metrology. We guarantee all work and services performed by us against defects arising from workmanship and/or materials provided by us for a period of sixty (60) calendar days from the date of shipment to customer, unless otherwise stated.
All Orders: Claims shall be submitted promptly in writing to Marsh Metrology. Replacement and/or repair under guarantee shall be made F.O.B. our Plant. Our liability is limited to the replacement and/or repair only of defective material or workmanship. In no event shall Marsh Metrology be liable for any loss or damage or whatever kind of nature out of defects in material and/or workmanship or resulting from delay or loss of use of articles or any installations into which the article may be installed or arising out of the contract of work or services or from negligence.
Marsh Metrology shall not be liable for any loss or damage resulting from delay and/or late delivery due to causes beyond our reasonable control. IN NO EVENT, SHALL MARSH METROLOGY BE LIABLE FOR ANY CLAIM EXCEEDING THE AMOUNT OF THIS ORDER. Our guarantee on products of other than our own manufacture is limited to the guarantee extended to us by the original manufacturer. On any claims for repair and/or replacement under such guarantee all costs incurred by us which are not underwritten by the original manufacturer shall be for the claimant’s account. Except as stated above no representations, conditions or warranties are made with respect to products, work or services expressed or implied, verbal or otherwise, including warranties of merchantability and fitness. Our guarantee and warranty shall not apply to materials or workmanship, which have been subject to misuse, neglect or accident.
Marsh Metrology shall be held free and harmless from any dispute or claim anywhere arising relating to infringement of patent, design, trade mark or copyright of items sold or repaired under this contract.
Property Rights and Risks
The customer’s property at all times shall remain at the risk of the customer while being worked on by our personnel or on our premises and Marsh Metrology shall not be responsible for any loss or damage to the customer’s property resulting from any cause whatsoever. Title to and rights in relation to items sold under this contract/quotation shall remain with Marsh Metrology until such items are paid for, subject to risk on products sold passing to the customer upon acceptance by a carrier, or otherwise which shall constitute good delivery.
Recognizing that MARSH, all its agents, servants, contractors or employees of MARSH are contractually restricted from working for clients of MARSH for a period of one year after leaving MARSH’s employ, the customer agrees not to employ or engage the services, directly or indirectly, of any person now employed by MARSH for a period of one year from the date of job completion.
Upon acceptance of Marsh quote or on delivery of service or calibration by Marsh Metrologist, these terms and conditions are deemed accepted by the customer.
