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Applicability

These terms and conditions of use for the Custom Metal Contracting Ltd. website (hereinafter the “Terms of Use”) apply to visits to and use of the website Custom Metal Contracting Ltd. (hereinafter referred to as “Custom Metal Contracting Ltd.” and the website referred to as the “Website”) as well as to the information made available to you on or via this Website in any form whatsoever hereinafter: the “Information”). Visiting the Website automatically means that the visitor (hereinafter also referred to as “you”) agrees to these Terms of Use. Custom Metal Contracting Ltd. may change these Terms of Use at any time and without further notice. Such modified Terms of Use take effect from the time they are placed on the Website. Custom Metal Contracting Ltd. will always make an effort to place the latest version of the Terms of Use on this web page so that you can always consult these Terms of Use here.

Content

Custom Metal Contracting Ltd. does not guarantee that the Website will function without errors or interruptions. Part of all of the Information may be incomplete and/or incorrect and/or obsolete. Custom Metal Contracting Ltd. is not liable for the use or content of external Internet pages that are not maintained by Custom Metal Contracting Ltd., which are referred to on the Website, or which refer to the Website. Our cookie and privacy policies do not apply to your personal data that are collected and processed on or via these external websites.

Use

The Information is exclusively intended for general information purposes and is not intended as a recommendation, design, structural calculation, estimate or other warranty or representation for the visitor. Custom Metal Contracting Ltd. does not warrant and accepts no responsibility for the accuracy and/or completeness of the Information (including information on the Custom Metal Contracting Ltd. products) or that the Information is suitable for the purpose for which it is consulted by you or otherwise. Customers and third parties must have a professional adviser inform them about (the suitability of) the Custom Metal Contracting Ltd. products for all desired applications and about applicable laws and regulations.

You are entitled to use the Information, such as documents, photographs, drawings, illustrations and other content subject to the following conditions: Visitors may consult the Website and the Information and make copies of the Information for their own use, for example by printing or storing the Information. Each and every use of the Information is permitted exclusively in relation to the sale and/or purchase of Custom Metal Contracting Ltd. products. The Information may not be modified or changed in any way whatsoever. Illustrations on the Website may not be used without the accompanying text. In addition, the Information may not be used in any way that is in breach of Custom Metal Contracting Ltd. intellectual property rights or in breach of the Terms of Use. You are explicitly responsible for always using the most recent Information from the Website. Thus, if you use the Information, you must regularly check to ensure that the Information used still corresponds to the latest information on the Website. Any other use of the Website and/or of the Information, including distribution, reproduction, modification, publication, storage in an automated data file or the dispatch of such a file without Custom Metal Contracting Ltd. prior written consent is explicitly prohibited

Your use of the Website is entirely at your own risk. You are responsible for everything you send to or from the Website.

Custom Metal Contracting Ltd. is entitled to change or terminate the availability of the Website and/or the Information and services offered on the Websites for any reason whatsoever, or to limit access to this Information or these services. Custom Metal Contracting Ltd. is not liable for the consequences of any changes in the Information.

Liability

Custom Metal Contracting Ltd. is not liable (neither contractual nor non-contractual) for any damage arising from or related to the use of (or the inability to use) the Website, including damage resulting from viruses or the inaccuracy and/or incompleteness of the Information. Nor is Custom Metal Contracting Ltd. liable (neither contractual nor non-contractual) for damage arising from or related to the use of electronic means of communication with this Website, including but not limited to damage resulting from failures to deliver or delays in the delivery of electronic messages, the interception or manipulation of electronic messages by third parties or by software/hardware used for electronic communication and the transmission of viruses.

These limitations do not apply in case such damage is the result of intent or gross negligence on the part of Custom Metal Contracting Ltd. and/or its management.

Intellectual property

All copyrights and other intellectual property rights and other rights regarding the content of the Website (including logos, trademarks, service marks, software, databases, audio, video, text and photographs) are owned by Custom Metal Contracting Ltd. and/or its licensors.

Unsolicited Ideas that are Submitted

In the event that you place ideas and/or materials, including but not limited to text, video, audio, software or information (the “Materials”) on this Website or send these to Custom Metal Contracting Ltd. by e-mail or otherwise without such information having been solicited, Custom Metal Contracting Ltd. is entitled to use, copy and/or commercially exploit these Materials, all this in the broadest sense, without having to pay any compensation and Custom Metal Contracting Ltd. will not be required to maintain the confidential nature of the Materials concerned.

General Conditions

All oral and written statements, offers, quotations, sales, supplies, deliveries and/or agreements and all related work of Custom Metal Contracting Ltd. are governed by the Custom Metal Contracting Ltd. General Terms and Conditions of Sale.

A copy of these general conditions of sale will be provided free of charge on request. All general terms and conditions other than the conditions mentioned above are explicitly dismissed and do not apply, regardless of whether such terms and conditions are referred to on requests for offers, offer confirmations, stationery and/or other documents of the other party.

Indemnification

You indemnify Custom Metal Contracting Ltd., its employees, representatives, licensees and trade partners against all damages and costs, including the costs for legal assistance, accountants and other external advisers, suffered or incurred by Custom Metal Contracting Ltd. regarding third-party claims to the effect that your use of the Website is in breach of any statutory rule or infringes (intellectual) (property) rights of third parties or is otherwise unlawful towards a third party.

Invalidity

In the event that part of these Terms of Use are or become invalid, Custom Metal Contracting Ltd. and you will continue to be bound by the remaining parts. Custom Metal Contracting Ltd. will replace the invalid part by clauses that are valid and whose legal consequences, in view of the content and purpose of these Terms of Use, correspond as much as possible to the invalidated part.

Applicable Law and Competent Court

These Terms of Use are governed exclusively by Canadian law. Any claim or dispute related to the use of the Website and/or the content of these Terms of Use, including disputes regarding the existence and validity of these Terms of Use, will be submitted exclusively to the competent court in British Columbia (Canada).

Questions

Should you have any questions or comments regarding the above, please do not hesitate to contact Custom Metal Contracting Ltd. by e-mail: info@custommetal.ab.ca

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