Policies Terms & Conditions
Health & Safety PolicyMicroart Services Inc. is committed to protection against accidental loss to its employees and property. In fulfilling this commitment, we will provide and maintain a safe and healthy work environment as indicated by acceptable industry practices and compliance with legislative requirements and we will strive to eliminate any foreseeable hazards which may result in fires, security losses, damage to property and personal injuries/illness. In addition, every worker must protect his/her own health and safety by working in compliance with the law and with safe practices and procedures established by the Company.
Quality PolicyMicroart Services Inc. is committed to total customer satisfaction by providing quality products and services to meet or exceed its customers’ requirements at competitive prices, with on time delivery. We provide a safe and positive working environment to allow each staff member to provide quality and value to our customers. Each Microart Services Inc. employee is personally responsible for the quality of his or her work and is empowered to initiate action to ensure both quality and continual improvement in everything we do. We will always strive to perform the work right, the first time, with zero defects.
Accessibility for Ontarians with Disabilities Policies
AODA – Statement of Commitment to AccessibilityJanuary 1, 2017 Microart Services Inc. is committed to providing a barrier-free environment for all stakeholders including our clients/customers, employees, job applicants, suppliers, and any visitors who may enter our premises, access our information, or use our services. As an organization, we respect and uphold the requirements set forth under the Accessibility for Ontarians with Disabilities Act (2005), and its associated standards and regulations. Microart Services Inc. understands that we have a responsibility for ensuring a safe, dignified, and welcoming environment for everyone. We are committed to ensuring our organization's compliance by incorporating accessibility legislation into our policies, procedures, equipment requirements, training, and best practices. We will review these policies and practices annually, as organizational changes occur, or in anticipation of compliance deadlines. In addition, we will strive to meet the needs of individuals with disabilities in a timely and effective manner. Providing an accessible and barrier-free environment is a shared effort, and as an organization, Microart Services Inc. is committed to working with the necessary parties to make accessibility for all a reality. For more detailed information on our accessibility policies, plans, and training programs, please see the links below or contact our HR Department. Sincerely, Mark Wood, CEO Microart Services Inc.
Accessibility for Ontarians with Disabilities Policies
- CUSTOMER ORDER. Customer may accept the attached Microart Quote by issuing a purchase order in response to such Quote (each accepted Quote constitutes a “Customer Order”). Customer shall be deemed to unconditionally accept these terms and conditions by issuing such purchase order. No terms and conditions specified or preprinted on any Customer purchase order or other form of acceptance shall add to or modify these terms and conditions. Markham, Ontario shall be the acceptance and fulfillment location for any Customer Order.
- PRICES AND TAXES. All Quotes are valid for thirty (30) days unless otherwise specified. All invoice prices are those specified in the Quote accepted by Customer. Prices do not include applicable taxes and, unless expressly identified and itemized, do not include freight, handling or insurance. Products, Maintenance or Services purchased for delivery outside of the Canada may be subject to required and non-recoverable Value Added Tax or similar indirect sales related taxes (collectively, “VAT”), and Customer hereby agrees to reimburse Microart for the total amount of such VAT incurred which will be invoiced as an international logistics fee.
- PAYMENT AND INVOICING TERMS. Payment in full of all invoices is due within the terms specified on the quote from date of invoice. Payment terms are subject to Customer maintaining a credit status acceptable to Microart. Invoices for materials are issued should orders be delayed and or material is purchased on behalf of customer direction and or demand changes and inventory turns Idle or Obsolete. Invoices for Products are issued upon shipment. Invoices for Services are invoiced at the completion of any Service. Microart has the right to charge a late payment fee of two and one half percent (2.5%) of the outstanding balance per month for each month, or partial month, any undisputed invoice remains unpaid beyond its due date. Customer will pay collection fees incurred by Microart to effect settlement of any undisputed past due invoice. Products shipped to a Microart facility for Services will be invoiced upon shipment. Any Products delivered to the Microart facility for Services will be shipped to Customer no later than ten (10) days after completion of such Service and Customer shall accept delivery of all such Products.
- Deposits. MSI may, from time to time, require CUSTOMER to forthwith pay to MSI a Deposit in the following circumstances:
- At any time when Credit Exposure exceeds the prevailing Credit Limit.
- If MSI, acting reasonably, determines that any Material on hand is Idle/ Excess Material or Obsolete Material.
- Where CUSTOMER has cancelled a Product order.
- Where Customer requests to bring in and hold material inside lead time / last part in house date.
- If market conditions delay manufacturing due to no fault of MSI.
- SHIPPING AND DELIVERY. All shipments by Microart are F.O.B. origin or as may be applicable under the International Delivery terms. Title and risk of loss to Products shall pass to Customer upon delivery to the common carrier. Customer is responsible for all freight, handling and insurance charges which shall be in addition to the price of the Products in the Quote. The carrier is not an agent of Microart and in no event shall Microart have any liability for loss or damage during shipment. Microart shall endeavor to initiate shipment and schedule delivery as close as possible to Customer’s requested delivery dates and Customer acknowledges that any delivery dates provided by Microart are estimates only. Microart shall not be liable for any delay in delivery or for failure to give notice of such delay. Customer shall accept and pay for partial shipments of Products. Additional fees may be levied if expedited delivery is requested. Should materials and or production be delayed outside of Microarts control for a period > 30 days from the estimated ship date a inventory deposit may be required and or Materials will be invoiced and netted off the units sales price.
- CANCELLATION OF ORDERS. No Customer Order for Products may be cancelled or modified without Microart consent. If Microart consents to a Customer cancellation or modification request, Customer agrees to pay all actual resulting costs, expenses and fees incurred by Microart to that point. Customer Orders for Services may be cancelled upon ten (10) days prior written notice. Customer will pay for all Services completed through the date of cancellation.
- CUSTOMER SUPPLIED MATERIALS. Microart will be responsible for any un-reasonable loss or damage to Consigned Inventory and Customer Equipment, which is in the possession of Microart. All Consigned Inventory and Customer Equipment is to be insured as Microart assumes no responsibility or liability for goods falling outside their ownership; any customer owned goods will be returned to Customer upon request; should Customer request Microart to cycle count and re-label materials charges will apply. Microart will provide access so that Customer may with reasonable notice to Microart, inspect any Consigned Inventory or Customer Equipment. Microart will not permit any liens to be placed on any Consigned Inventory or Customer Equipment. On all partially consigned projects, where both Microart and the Customer will be supplying inventory, the Customer agrees to deliver all consigned goods on or before the date specified on the Customer Order. Should the Customer fail to deliver the consigned goods thirty (30) days after the due date, Microart reserves the right to invoice the Customer for all goods purchased by Microart on the expected delivery date specified on the Customer Order. Should Customer supplied material be missing packing slips for receiving charges for part identification and material handling will apply.
- RETURN POLICY. All sales are final other than for Products that do not meet manufacturer specifications or that are not included in the Customer Order. Customer must notify Microart of any damaged or defective Products or discrepancy in shipment quantity or type and request a Return Material Authorization (“RMA”) within 30 days of receipt. No return of Products will be accepted without an RMA. A credit for properly returned items will be entered against the original invoice for the returned items. Customer must ship returned Products prepaid to the specified warehouse location. Microart will reimburse Customer’s shipping costs for Products returned due to a shipping error. Microart shall have the right to reject return of items and/or impose additional charges which Customer agrees to pay for any equipment received without an RMA and/or in a condition other than described.
- RESEARCH AND DEVELOPMENT. Customer and Microart agree that all of the scientific research and experimental development undertaken or developed by the Microart in the course of fulfilling the Microart’s obligations under this Agreement shall not be construed as having been undertaken or developed by Microart as an agent of, for or on behalf of the Customer. For greater certainty, the Parties further agree that all of the research, procedures, methodologies, techniques, and expertise developed, undertaken or acquired by Microart under this Agreement shall belong to the business of the Microart Services Inc. and shall be construed as being independent of, and entirely unrelated to, the business of the Customer.
- LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF MICROART UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO MONEY PAID TO MICROART UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY AND IN THE CASE OF DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE PRODUCT SHALL, UNDER ANY LEGAL OR EQUITABLE THEORY, BE FURTHER LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT. IN NO EVENT SHALL MICROART BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF MICROART HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
- GOVERNING LAW. All transactions made under this Agreement will be governed by the applicable state laws for the Province of Ontario, excluding any conflict of laws rules that may apply in such Province. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of the applicable court in Ontario.