1. DEFINITIONS
“All Weather Windows" means the All Weather Windows Limited Company
selling products to the Customer as identified in All Weather Windows's
Quotation or Invoice.
"Customer" means the person or legal entity identified in All Weather
Windows's Quotation or Invoice.
"Contract" means a contract for sale by All Weather Windows to the
Customer of the products and/or services incorporating the Terms and
Conditions.
2. FORMATION OF
CONTRACT
No Contract shall come into existence until All Weather Windows has accepted
the Customer’s order.
The products sold and/or services rendered are subject to the Terms and
Conditions to the exclusion of any other terms and conditions stipulated or
referred to by Customer. The Customer acknowledges that it is aware of the
contents of and agrees to be bound by the Terms and Conditions.
3. ORDERS, PRICE
AND PAYMENT
Quotations are valid for 30 days unless otherwise stated in writing, and are
subject to product change and availability. If this quotation contains items
with zero dollars it is considered to be incomplete.
A Purchase order referencing this quotation number or an authorized signed copy of this quotation confirms acceptance of the details contained within this quotation.
Verbal agreements and representations made by All Weather Windows employees will not be accepted and will not form part of this quotation.
Product pricing is FOB All Weather Window’s Edmonton or Mississauga plant unless otherwise stated.
Unless credit
terms have been expressly agreed by All Weather Windows, payment for the
products or services shall be made in full before physical delivery of products
or services.
Customer shall pay for all shipping and handling charges unless otherwise
negotiated.
Customer shall bear all country, provincial, government, state and local sales,
use, goods and services, value added, excise, privilege and similar
levies/taxes.
4.
SOFTWARE
All software provided is subject to the terms and conditions of the license
agreement relating to that software. Customer acknowledges its obligations to
abide by such license agreements. Customer acknowledges that All Weather
Windows does not warrant any software under these Terms and Conditions. All
software is warranted in accordance with the license agreement that governs its
use.
All rights, title or interest in respect of the intellectual property rights in
the software remain with All Weather Windows or the licensor of the software at
all times.
5.
TITLE AND RISK
Title to and risk in the products shall pass to the Customer upon delivery of
the products to Customer.
6.
DELIVERY
All Weather Windows shall deliver the products to the place of delivery
designated by Customer and agreed to by All Weather Windows.
All Weather Windows may, at its discretion, deliver the products by
installments in any sequence.
Any dates quoted by All Weather Windows for the delivery of the products are approximate only and shall not form part of the Contract. All Weather Windows shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
Production lead times start from the approval date of this quotation.
Production lead times are used to estimate the delivery of the product and AWW will not be held financially responsible for variances from the estimated production lead time.
7.
ACCEPTANCE OF PRODUCTS
Unless the Customer notifies All Weather Windows to the contrary on the day of
delivery and such notification is confirmed in writing within two days, the
products shall be deemed to have been accepted by the Customer as being in good
condition and in accordance with the Contract. The Customer shall not be
entitled to withhold payment of all or any of the price of the products whilst
any claim is being investigated by All Weather Windows.
8. BUILDING CODE COMPLIANCE
It is the customer’s responsibility to ensure code and spec compliance. Building code requirements may effect changes to product and pricing
9. WarRANTY
All Weather Windows Product warranty is outlined and stated in the approved All Weather Windows Warranty Guide posted on our website at www.allweatherwindows.com
10. LIABILITY
The Customer shall indemnify All Weather Windows and keep All Weather Windows
fully and effectively indemnified against any loss of or damage to any property
or injury to or death of any persons caused by any negligent act or omission or
willful misconduct of the Customer, its employees, agents or sub-contractors or
by any breach of its contractual obligations arising out of these Terms and
Conditions.
All Weather Windows and Customer agree that All Weather Windows will not be
liable for products not being available for use, or for data or software which
is lost, corrupted, deleted or altered. All Weather Windows shall not be liable
to the Customer for any incidental, indirect, special or consequential damages
arising out of or in connection with the purchase, use or performance of
products or services, even if All Weather Windows has been advised of their
possibility.
Any service response times stated by All Weather Windows are approximate only
and All Weather Windows shall not be liable for any direct or indirect loss or
damage arising from its failure to meet such response times, howsoever
occasioned.
Any typographical, clerical or other error or omission in sales literature,
quotation, price list, acceptance of offer, invoice or other documents or
information issued by All Weather Windows shall be subject to correction
without any liability on the part of All Weather Windows.
11. Security and PRIVACY POLICY
At All Weather Windows we value trust. Our goal is to protect personal information provided to us as if it were our own. Our Privacy Policy demonstrates our commitment to preserving your privacy as it relates to the collection, use and disclosure of information. We are committed to ensuring your information is accurate, confidential and secure. This Policy sets out our privacy practices with respect to the collection, use and disclosure of personal information.
For the purpose of this Privacy Policy, personal information encompasses any information that is personally identifiable to you and may be readily attained through reasonably available sources. Personal information may include your name, e-mail address, phone number and mailing address but does not apply to an individual’s business address or business telephone number.
In order to comply with various provincial and federal laws in Canada that govern the collection, use and disclosure of personal information, All Weather Windows is focused on ensuring that we abide by privacy laws and make information about our management of personal information available upon request.
This Privacy Policy applies to All Weather Windows Ltd., its affiliates, and its subsidiaries (hereinafter collectively referred to as “All Weather Windows”) and to any person providing goods or services on behalf of All Weather Windows.
Collection
All Weather Windows only collects the personal information that All Weather Windows needs for the purposes of providing services to our customers and to marketing to potential customers. All Weather Windows uses my personal information to help All Weather Windows do marketing analysis. All Weather Windows will not disclose this information to anyone else except for any consultant it hires to help do the marketing analysis.
Use
All Weather Windows uses your personal information for a variety of purposes including delivering requested products and services; providing warranties for products and services; contacting you about appointments; following up with you to determine satisfaction with products and services; notifying you about upcoming events of interest; granting credit; customizing, measuring and improving our products and services, and advertising; and telling you about our products and services, and promotional offers. All Weather Windows may disclose your personal information to third parties for the purposes of marketing research or marketing on behalf of All Weather Windows.
Consent
All Weather Windows asks for consent to collect, use or disclose customer personal information, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law (such as asking All Weather Windows to contact you about a certain product).
In cases that do not involve sensitive personal information, All Weather Windows may rely on “opt-out” consent whereby you are deemed to have consented to the collection, use and disclosure of your personal information unless you opt-out. For example, where you have provided a name, telephone number or email when requesting a company representative contact you or requesting promotional materials. All Weather Windows may collect, use and disclose this information according to this policy unless you request that we do not do so checking the appropriate box, or by contacting us at the address or email address set out below and asking All Weather Windows to stop using your personal information for certain purposes.
All Weather Windows will never sell or lease to any third party any personal information that you provide without your permission unless we are required to do so by law.
You may withdraw your consent to the use and disclosure of personal information at any time, unless the personal information is necessary for us to fulfill our legal obligations. We will respect your decision, but we may not be able to provide you with certain products and services if we do not have the necessary personal information.
Security
All Weather Windows password policy is as follows:
General
All system-level passwords (e.g., root, enable, windows administrator, application administration accounts) must be changed on at least every 120 days.
All production system-level passwords must be part of the company administered global password management database.
All user-level passwords (e.g., e-mail, web, desktop computer) must be changed at least every 120 days.
All user-level and system-level passwords must conform to the password guidelines.
Guidelines
Strong passwords have the following characteristics:
Lower case characters
Upper case characters
Numbers
Punctuation
Special characters (e.g. @#$%^&*()_+|~-=\`{}[]:";'<>/ etc.)
Weak passwords have the following characteristics:
Less than 8 characters
Any word found in the dictionary (English or foreign)
Names of family, pets, friends, coworkers, fantasy characters, etc.
Computer terms and names, commands, sites, companies, hardware, software
The words "All Weather Windows", or any derivation
Birthdays and other personal information such as addresses and phone numbers
Word or number patterns like aaabbb, qwerty, zyxwvuts, 123321, etc.
Any of the above spelled backwards
Any of the above preceded or followed by a digit (e.g., secret1, 1secret)
Password Protection Standards
Always use different passwords for company accounts from other non-company access.
Do not share company passwords with anyone, including administrative assistants. All passwords are to be treated as sensitive, confidential company information.
Passwords should never be written down or stored on-line without encryption.
Do not reveal a password in e-mail, chat, or other electronic communication.
Do not speak about a password in front of others.
Do not hint at the format of a password (e.g., "my family name").
Do not reveal a password on questionnaires or security forms.
All Weather Windows recognizes the importance of privacy and confidentiality and to maintain the highest standard of care, your personal information is kept in a secure environment by All Weather Windows. However, even though All Weather Windows has implemented All Weather Windows designed to ensure the protection of your personal information, data that is transmitted over the Internet is not guaranteed to be completely confidential. Consequently, we bear no liability for the use that may be made of the information by you or any third party.
Website
If you use our website, you signify your acceptance of our Privacy Policy and understand the scope and limitations of the protections provided.
Changes to the Privacy Policy
All Weather Windows reserves the right to change our Privacy Policy at any time to time by posting the amended terms on our website. We will ensure that any changes to this Privacy Policy comply with privacy laws in effect in Canada.
Questions or Complaints
We are
committed to protecting your privacy and security. Should you require any
further information or have any comments, questions or complaints regarding our
Privacy Policy, please contact our Privacy Officer by email at
privacy@allweatherwindows.com or by mail All Weather Windows, Head Office,
18550-118A Avenue, Edmonton, Alberta, Canada, T5S 2K7.
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