Terms of Service
Effective Date: January 2024
These Terms of Service ("Terms") govern your use of Avema Formwork Solutions' website, products, and services. By accessing or using our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing and using this website and our services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
2. Services
Avema Formwork Solutions provides:
- Formwork equipment rental services
- Engineering and design services
- Consulting services
- Equipment sales
- Technical support and training
Specific terms for each service may be provided in separate agreements or quotations.
3. Equipment Rental Terms
3.1 Rental Period
Rental periods begin on the delivery date and end on the return date specified in the rental agreement.
3.2 Equipment Condition
- Equipment is provided in good working condition
- Customer must inspect equipment upon delivery
- Equipment must be returned in the same condition (normal wear excepted)
- Customer is responsible for damage beyond normal wear
3.3 Safety and Use
- Equipment must be used by qualified personnel only
- Customer must comply with all safety regulations
- Equipment must be used for intended purposes only
- Customer assumes all risk of injury or damage
4. Payment Terms
- Payment terms are Net 30 unless otherwise specified
- Late payments subject to 2% monthly interest
- Customer responsible for all collection costs
- Prices subject to change with 30 days notice
- All prices are in Canadian dollars
5. Liability and Indemnification
Customer agrees to indemnify and hold harmless Avema Formwork Solutions, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Use or misuse of equipment
- Violation of these Terms
- Violation of any law or regulation
- Injury to persons or damage to property
6. Insurance Requirements
Customer must maintain:
- General liability insurance minimum $2,000,000
- Equipment insurance covering full replacement value
- Worker's compensation insurance
- Avema as additional insured on all policies
7. Intellectual Property
All content on this website, including text, graphics, logos, images, and software, is the property of Avema Formwork Solutions and protected by copyright laws. Engineering drawings and designs remain our property unless otherwise agreed in writing.
8. Limitation of Liability
IN NO EVENT SHALL AVEMA FORMWORK SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our maximum liability shall not exceed the amount paid by you for the specific service giving rise to the claim.
9. Termination
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Ontario.
11. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.
12. Contact Information
Questions about the Terms of Service should be sent to:
Avema Formwork Solutions
123 Industrial Avenue
Toronto, ON M6M 4L7
Email: legal@avemaformwork.com
Phone: (416) 200-9459