- This order, including these general terms and conditions, forms the entire contract between the Supreme Court of Canada and the contractor and no variation thereof, irrespective of the wording or terms of the contractor's acceptance, will be effective unless specifically agreed to in writing by the Supreme Court of Canada. No local, general or trade customs shall be deemed to vary the terms thereof. Where the context requires, the word "goods" is to be read as including services.
- Goods will be received by the Supreme Court of Canada subject to final inspection and acceptance by the consignee specified in this order or if not so specified, by any person authorized by the Supreme Court of Canada. Goods found to be defective or not in compliance with the specifications may bereturned to the contractor at the contractor's expense.
- In supplement of and not by way of substitution for the terms of the specifications or any warranty stipulated or implied by law and notwithstanding prior acceptance by the Supreme Court of Canada, the contractor shall at any time within its standard warranty period, at its own expense replace any goods which are or become defective as a result of faulty or inefficient manufacture, materials or workmanship. The contractor shall state its standard warranty period and related terms and conditions at time of delivery.
- The contractor warrants that it has the right to use and sell any patented devices or parts used in the goods purchased and agrees to indemnify the Supreme Court of Canada against any claims for royalties, license fees or other claims or demands by reason of the use or sale thereof, whether or not any such devices or parts are specified by the Supreme Court of Canada or used by the contractor in the goods purchased without such specifications.
- The goods shall be at the risk of the contractor who shall bear all loss or damage, from whatsoever cause arising, which may occur to the goods, or any part thereof, until delivered to the Supreme Court of Canada. The Supreme Court of Canada reserves the right to change the place of delivery at any time prior to actual shipment provided that the contractor shall be entitled to be reimbursed for any actual increased cost, or shall reduce the prices to the extent of any decreased cost, arising out of such change.
- Goods must be new and unused unless specified otherwise herein and delivered strictly in accordance with the quantities, specifications and terms and conditions of this order. Time shall be of the essence of this order.
- The prices are F.O.B. destination and include all charges for packing, loading, unloading and transportation unless otherwise specified herein. Should the contractor prepay transportation charges which are payable by the Supreme Court of Canada under the terms of this contract these charges are to be shown as a separate item on the invoice.
- If carload shipment, shipping notices must be sent immediately to the Supreme Court of Canada showing car number, initial and routing. Car service will be deducted for all cars that reach the Supreme Court of Canada without shipping notice.
- The Supreme Court of Canada reserves the right to cancel or purchase elsewhere, any portion of this order that is not delivered by the date required for this order.
- Unless otherwise specified in this order, payment will only be made in Canadian funds within 30 days following presentation of invoices or progress claim forms PWGSC 1111, or within 30 days or delivery of the goods, whichever is later, payment will only be calculated from the date when both the goods and acceptable invoices or progress claims forms are received by the Supreme Court of Canada. The Supreme Court of Canada hereby undertakes to pay interest on overdue accounts, calculated in accordance with Supply Manual Directive 5150, Section 3, Part 6, clause TC 441.
- The prices shown on this order are final and unless otherwise specified herein include all applicable Federal Sales Taxes and Duties (Provincial and Municipal taxes exempt).
- No Member of the House of Commons of Canada shall be admitted to any share or part of this contract or any benefits to arise therefrom.
- This agreement shall enure to the benefit of, and shall be binding upon the successors and assigns of the Supreme Court of Canada and the contractor respectively provided that the contractor shall not assign this agreement or any part of the development without the prior written consent of the Supreme Court of Canada, and any assignment made without such consent shall be of no effect.
- All specifications, drawings, samples, patterns and dies furnished to the contractor by the Supreme Court of Canada for use in respect of the order shall be deemed to be owned by the Supreme Court of Canada and shall be returned to the Supreme Court of Canada at the expense of the contractor when requested.
11.008 (1994-06-23) Simple interest will be paid automatically on all amounts that have been outstanding for more than 15 days following the day the amount was due and payable, but only if the government is responsible for the delay. The amount of interest will be shown separately on the cheque stub or accompanying remittance advice.
Interest will be calculated from the day after the due date to the day prior to the date that the payment is issued. However, interest will not be paid until the contract payment is made.
Interest is calculated according to the following formula:
Interest = Amount owed x ((that date's bank rate + 1.25%) x (number of days interest payable/365))
Receiver General of Canada
Payment on Due Date (PODD) Interest Rate
Interest rate applicable to Government of Canada's overdue suppliers accounts and accounts receivable.
This interest rate is to be used by departments to calculate the interest on the Government of Canada's overdue suppliers accounts. The page Payment on Due Date Interest Rate provide the rate for the current month.
This rate is based on the average Bank of Canada discount rate for the previous month plus 3 %. This same rate is also used by Departments of the Government of Canada to charge interest on overdue accounts receivable under the Interest and Administrative Charges Regulations.