Custom Built Greenhouses

Prices stated in a BW GLOBAL Proposal or Agreement (both referred to as the “Agreement”) do not include GST or PST unless otherwise specified. BW’s clients (the “Client” or “you”) agree to assume and pay GST, PST, and any and all other sales, use, excise, license and other applicable taxes or fees, together with any interest or penalties, relating the sale of any goods or services to Client by BW GLOBAL. Client also agrees to indemnify BW GLOBAL and hold BW GLOBAL harmless from any claim or liability for such taxes or fees, along with any related interest, penalties or expenses.

Due to unprecedented price volatility due to tariffs, other importing/shipping costs, and also steel and petroleum markets, the prices listed in the Agreement are VALID FOR FIVE (5) Business DAYS. (If you place your order more than five (5) business days after the date of the Proposal, please get updated pricing from your Client Success Specialist).

An initial payment (“Initial Payment”) of 50% of the total contract price (which includes Structure, Systems, Services, GST, PST, etc.) in the Agreement is required upon signing and execution of the Agreement.

BW GLOBAL cannot guaranty the Builder costs or timeline (where BW is the Builder or BW subcontracts the Builder) until (1) the Agreement is signed and executed and (2) BW GLOBAL receives the full 50% initial payment.

Which respect to the Structure, Systems &/or Services provided by BW GLOBAL, Client agrees to pay the balance of the contract price (including taxes, etc.) for the same in instalments and upon receipt of BW GLOBAL’s invoices for the various parts of the Structure, Systems, &/or Services. For the Structure, BW GLOBAL will issue invoices periodically when the various parts are ready to ship to the Client. For Systems or Services, BW will invoice Client when BW GLOBAL incurs the costs for the Systems and/or performs the Services.

All invoices must be paid in full within 20 business days of issuance. Invoices must be paid whether the various items &/or Systems are shipping directly to Client or to BW GLOBAL first for inspection, modification or repackaging. BW GLOBAL must receive payment in full for the invoiced amount BEFORE it will release the shipment. If the Client delays the shipment of any items for any reason, Client still must pay the invoice in full upon notification from BW GLOBAL that the order is ready to ship. If and when shipments are delayed by the Client, Client agrees to pay BW GLOBAL the costs incurred by BW GLOBAL due to the delay in shipment, including (but not limited to) costs for shipment cancellation, storage, handling, and repackaging

All Structures (and parts thereof) &/or Systems supplied by BW GLOBAL under the Agreement remain the property of BW GLOBAL until the balance of the Agreement is paid in full.

Please review and inspect all shipped materials to insure that you have received all items identified in the Shipping Bill(s). If any of these items are missing, damaged or incomplete, you must notify your BW GLOBAL Client Success Specialist in writing within TEN (10) BUSINESS DAYS of receiving the shipment. Failure to do so will be deemed an acknowledgement that you received all products and/or parts in satisfactory condition and good working order and will VOID any later claim by you that parts are missing, damaged or incomplete.

Interest on overdue accounts will accrue at the rate of 2% per month, (24% per annum) on any outstanding balance.

Due to volatility in currency markets, tariffs, and the prices of raw materials, the contract price may be increased by BW GLOBAL until BW GLOBAL has received the Initial Payment and BW GLOBAL has secured firm orders with its various suppliers. Such increases in the contract price will be limited to the increase of the costs incurred by BW GLOBAL as a result of fluctuations in the currency markets, tariffs, or the price of raw materials (including any import or export duties, tariffs, or other taxes imposed thereon and the impact of the price of raw materials on the purchase of transformed or finished materials). Client agrees to assume and pay the cost of such increases as invoiced to Client by BW GLOBAL.

Any and all changes in the scope of work identified in the Agreement (the “Work”) must be recorded in a written Change Order which: (1) is signed by the parties; and (2) specifically describes the proposed change in the Work and the corresponding change, if any, to the contract price and/or time for completion of the Work.

Where BW supplies the Builder on a remote site, the Client is responsible for providing and paying for the Builder’s food and lodging during the additional time identified in or required by the Change Order.

For the protection of all parties, BW GLOBAL will not accept oral Change Orders.

Returns or exchanges for reason of damage, alleged manufacturing or design defects, or improper installation (when installation is performed by BW GLOBAL or its authorized agent) are subject to BW GLOBAL’s Warranty Terms (set forth in Paragraph 15 below) and may only be returned or exchanged as provided therein.

All other returns and exchanges will be accepted (or not) in BW GLOBAL’s sole discretion and will be subject to shipping, handling, restocking, storage and other applicable fees and expenses incurred by BW GLOBAL due to the return &/or exchange. Client agrees to pay these fees upon invoice by BW GLOBAL.

Once the Agreement is signed and executed, BW GLOBAL starts to work on the requirements immediately — incurring administrative, production, design, and manufacturing costs and ordering parts, supplies and labour. For this reason, BW GLOBAL will NOT return any monies paid by Client after execution of the Agreement.

If Client does not pay BW GLOBAL through no fault of BW GLOBAL’s and within seven (7) days from the time when payment is due under the Agreement, then upon seven (7) days of additional written notice to the Client and without prejudice to other available remedies, BW GLOBAL may stop the work it is otherwise required to perform under the Agreement until BW GLOBAL receives payment in full of the amount due and owing. The total contract price and time for completion shall be increased and/or changed as necessary to reflect the period during which the work was stopped under this provision and to include (without limit) the costs incurred by BW GLOBAL due to the delay, including (without limitation) the cancellation of orders, reorders, shipping or equipment rental costs, and demobilization and remobilization costs.

BW GLOBAL warrants the Structure being provided by BW GLOBAL under the Agreement against defects for TWELVE (12) MONTHS from the date of delivery of the Structure to the Client.

However, polyethylene coverings and greenhouse systems are warrantied by their respective manufacturers (see the www.bw-GLOBAL.com website for warranty information regarding coverings). In the event of such defects (in polyethylene coverings and greenhouse systems), BW GLOBAL will arrange for repair and or replacement as needed in a timely manner.

Regular wear and tear is specifically EXCLUDED from this warranty.

BW GLOBAL’s warranty is LIMITED TO the stated selling price of the defective part(s) of the Structure provided by BW GLOBAL under this Agreement. BW GLOBAL shall NOT be liable for the Client’s replacement costs, injuries, lost profits, goodwill, or any other incidental or consequential damages.

BW GLOBAL does NOT warranty or reimburse Client(s) for any structural failures resulting from: excessive loading; negligence in the installation (where not performed by the BW GLOBAL Construction Team), maintenance, or repair of the structure; or construction, installation or repair that does not comply with applicable provisions in the BW GLOBAL Assembly Manual or is otherwise unauthorized, including (without limit) improper anchoring of the structure, installation of the poly, or assembly of the frame, braces or any other components. It is the Client/Owner’s duty to exercise reasonable care in maintaining the Structure, which may include mechanically and/or thermally removing snow (such as by heating the inside of the structure) or perforating or cutting the covering in case of excessive snow loads. The National Farm Building Code of Canada (1995) requires the Client/Owner to be vigilant in the removal of snow by providing extra heat or other means so that snow accumulation does not exceed design criteria.

Should Client’s neglect for an issue lead to damage, this neglect will VOID the warranty and BW GLOBAL will NOT be liable for any damage caused by the Client’s neglect and/or failure to timely report and/or mitigate any damage to the structure.

Client is also responsible for the proper and timely reporting of warranty, maintenance and/or repair work. The report must be made in writing to BW GLOBAL and should include pictures (whenever possible), descriptions of the issue or situation, and identification of where and when the issue arose. Further, Client agrees to support BW GLOBAL with diagnosing these issues, including identifying possible solutions and defining their implementation.

For warranty work, BW GLOBAL, in its sole discretion, is responsible for choosing an appropriate solution and for choosing and managing the implementation team and scheduling the work according to the situation urgency and a reasonable response time. Client is responsible for supporting this Site work through (as needed): providing Site expertise, required permitting, team security certification, access to Site, Site and team safety, equipment or material unloading, receiving and verifying the Bill of Laden, and providing storage.

If the Site is in a remote location, in performing warranty repair work, Client agrees to assist in making minor repairs – including, but not limited to, replacing consumables such as fans, roll-up elements (like cranks), inflation pump elements, door-related elements; and also fixing polyethylene and minor framing elements and making minor adjustments and replacements to greenhouse elements; and in receiving repair materials at a shipping hub chosen by BW GLOBAL. BW GLOBAL agrees to support Client’s efforts with phone support and drawings as needed.

The Agreement shall be governed by the laws of the Province of British Columbia.

The parties to the Agreement (the “Parties”) agree that any and all disputes arising out of, under or relating in any way to the Agreement and/or to BW’s work performed pursuant to the Agreement shall be brought within a Provincial or Federal Court of competent jurisdiction within the Province of British Columbia, Canada.

The Agreement constitutes and contains the entire, complete and exclusive agreement between the Parties, superseding in all respects any and all prior, contemporaneous or later oral or written agreements or understandings relating to the Agreement. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by the parties concerning the Agreement.

Further, the Agreement shall be amended or modified ONLY by written instrument signed by the Parties and attached to the Agreement.

The Agreement constitutes and contains the entire, complete and exclusive agreement between the Parties.

To the extent that any article or part of the Agreement is deemed to be unenforceable or invalid, all other and remaining articles or portions of the Agreement shall remain in full force and effect.

Any and all notices that are required to be given under the Agreement shall be given in writing, sent by First Class Mail, to the principle place of business of BW GLOBAL or Client, respectively.