Terms and Conditions

Clients

Clients who engage ENVISION to provide products and services agree to the following Terms & Conditions:

Price Validity

All quotations and estimates shall be provided by ENVISION in writing and based on a specific scope of work, and duly noted as a firm quotation or budgetary estimate. All written quotations and estimates shall be valid for a period of 30 days from the quotation/estimate date. Given that various components are subject to currency fluctuations, ENVISION reserves the right to review pricing at the end of the thirty- (30) day period and revise it accordingly.

Payment Terms

Payment terms for goods and services are C.O.D. unless otherwise agreed in writing between the parties. When warranted, a deposit may be required prior to commencement of work along with specific terms and conditions, milestones, deliverables, and payment schedule as agreed to in writing between the parties.

Overdue Accounts

Interest will be charged at a rate of 18% per annum on unpaid balances over 30 days past due. Title to the goods and/or products supplied by ENVISION shall remain with ENVISION until full payment has been received and whereby title to the property shall be deemed formally transferred to the client.

Envision’s Warranty

ENVISION warrants that, under normal use or service, fabricated components shall be free from defects in material and workmanship for a period of one (1) year from the date of delivery. ENVISION reserves the right to repair or replace the defect at its sole discretion. Damage due to misuse, negligence, deliberate, or otherwise incidental, shall immediately void all warrantees.

Manufacturer’s Warranty

Integrated components shall be subject to the manufacturer’s warranty on a pass-through basis as per the warranty documentation provided by the manufacturer. In cases where a component has failed during the manufacturer’s warranty period, the component supplier will repair or replace the defective hardware components or provide an equivalent component at their discretion. In the event such components are unavailable, the manufacturer retains the right to provide a component which is functionally equivalent or exceeds the original component’s specifications.
Manufacturer’s warranties typically include parts during the stated warranty period but may or may not include labour to remove or reinstall the component, packing or shipping. Damage due to misuse, negligence, deliberate, or otherwise incidental, shall immediately void all warrantees.

Permits (Municipal, Landlord, etc.)

While ENVISION may be able to assist when specifically requested, all required permits and permissions remain the sole responsibility of the client.

Storage

In the event the delivery and installation of finished goods is delayed by the client due to any cause (e.g. permit delays, construction scheduling, etc.), ENVISION shall retain the right to place the completed goods into storage on behalf of the client. ENVISION retains the right to store finished goods at ENVISION’s facility, or a third-party location for a period not to exceed one hundred twenty (120) days. The client agrees to pay expenses associated with such storage. While ENVISION shall show a reasonable duty of care to ensure that fixtures placed in storage are protected from damage or loss, ENVISION shall not assume liability for finished goods placed into storage.

Intellectual Property Rights for Design Concepts and Detailing

All design concepts and design detailed drawings and the right to thereof, and developed by ENVISION and provided to a client for review, shall remain the exclusive property of ENVISION. Such design concepts and detailed drawings are not to be reproduced in any medium, nor provided to a third-party by the client. Should, however, the client wish to obtain the property rights to the design concepts and detailed drawings, a written agreement and requisite fee shall be negotiated between the parties for the transfer of the intellectual property rights from ENVISION, to the client. Upon execution of the agreement and payment in full of such fee by the client, ENVISION shall grant in writing the transfer of intellectual property rights to the client for the specific design concepts and design detailed drawings.

Cancellation

Cancelled orders shall be subject to cancellation charges due to the custom nature of the products and services provided by ENVISION. Charges may include expenses incurred up to the time of the notification of cancellation, work in progress, irrevocable future commitments to third parties for goods and services, and other charges as required. Cancellation charges shall be at the sole discretion of ENVISION. Amounts owing shall be due thirty (30) days after issuance of a final invoice by ENVISION. Any amount credited against a deposit resulting from a cancelled order shall be valid for a period of one (1) year from the date of cancellation.

Software & Media

All media, software and other digital content utilized in products and services provided by ENVISION are subject to the terms and conditions of their respective suppliers including user’s rights, licensing fees, copyrights, etc. The manufacturer’s warranty shall apply as ENVISION shall not warranty the fitness or usability of provided media, software and other digital content.

Reproduction

ENVISION shall have the right to possess and use images, descriptions of work in progress and the completed project for their own promotional purposes.

Acceptance of Terms

Issuing a purchase order and/or the payment of deposit shall constitute acceptance of these terms and conditions.

Vendors

ENVISION engages vendors from time to time to fabricate various components for integration and use in finished products. The following terms shall apply:

Quotations and Estimates

Quotations and estimates provided to ENVISION are to be provided in writing outlining the products and services to be provided and key milestones, and are to be valid for a period of not less than thirty (30) days from the date of the quotation or estimate.

Disclosure

Vendors which ENVISION may be evaluating to engage for the provision of products and services shall agree to disclose certain information upon receipt of a written request by ENVISION. Information requested by ENVISION may include but not limited to information required to determine potential conflicts of interest, financial stability, availability of qualified resources and professional qualifications, association memberships, and references of current and/or past clients. ENVISION shall agree to hold such provided information in strictest confidence.

Deposits

Deposits paid to any and all vendors by ENVISION shall be refundable to ENVISION in the event of a fundamental breach of performance as defined and set out in the formal quotation provided to ENVISION, or agreement between the parties.

Ownership of Supplied Components

Any and all components delivered by ENVISION to any engaged vendor, is the exclusive property of ENVISION. Such components are to be made available for pickup by ENVISION within forty-eight (48) hours of any written request made to such engaged vendor.