TERMS AND CONDITIONS OF SALE

By placing an order, accepting a quote, taking delivery, or picking up materials from Bigfoot Building Products Inc. (“Bigfoot”), the Customer agrees to be bound by these Terms and Conditions of Sale. These Terms supersede any contradictory terms contained in a Customer purchase order, subcontract, or other document unless expressly accepted by Bigfoot in a separate written agreement signed by both parties.

Who These Terms Apply To

Account and Professional Builder Customers: Approved credit account customers shall pay invoices within 30 days of the invoice date. Such customers may also enter into a separate written contract where Bigfoot is retained to perform installation services.

Cash, Walk-In, and Retail Customers: Payment in full or a required non-refundable deposit must be received before products are ordered from a supplier, prepared for delivery, or released for pickup. Bigfoot does not provide installation services for retail or cash transactions unless expressly agreed in a separate written contract signed by Bigfoot.

Supply-Only Purchases: Unless Bigfoot has entered into a separate written installation contract, Bigfoot’s obligations end upon delivery or pickup of the materials, subject only to the inspection, warranty, and claim provisions below.

1. Orders, Pricing, and Cancellations

Quotes are valid for 30 days from the date of issuance unless stated otherwise in writing. Bigfoot may correct typographical, clerical, mathematical, or pricing errors. Prices may be adjusted without notice where required by supplier price increases, tariffs, freight, fuel surcharges, currency fluctuations, or other circumstances beyond Bigfoot’s control. Applicable taxes are extra.

A quote or estimate is an invitation to purchase and is not a binding contract. A binding contract is formed only when Bigfoot confirms the order in writing, accepts payment, or begins preparing, ordering, or delivering the materials.

Once accepted by Bigfoot, an order may not be changed or cancelled without Bigfoot’s prior written consent. Approved changes or cancellations may be subject to restocking fees, freight charges, storage costs, supplier charges, or price adjustments.

Custom, non-stock, factory-direct, special-order, clearance, discontinued, or made-to-order products are final sale and cannot be cancelled, returned, or exchanged once ordered from a supplier or processed by Bigfoot.

2. Payment and Overdue Accounts

Approved credit accounts must pay all invoices within 30 days of the invoice date. All other customers must pay in full or provide the required deposit before materials are ordered or released.

The Customer shall pay all invoices without set-off, deduction, or back-charge except where expressly authorized by Bigfoot in writing or permitted or required under applicable legislation, including Alberta’s Prompt Payment and Construction Lien Act.

Overdue balances shall bear interest at 18% per annum, calculated at 1.5% per month, both before and after judgment.

If Bigfoot retains a collection agency or legal counsel to recover unpaid balances, the Customer shall pay all reasonable recovery costs permitted by law, including legal fees, court costs, collection charges, and lien registration expenses.

Bigfoot may alter, reduce, suspend, or revoke credit privileges at any time, perform credit checks, or require personal or corporate guarantees as a condition of extending credit.

3. Security Interests and Liens

Title to unpaid materials remains with Bigfoot to the extent permitted by law. The Customer grants Bigfoot a security interest in all materials supplied and their identifiable proceeds to secure all amounts owing to Bigfoot. Bigfoot may register or perfect that security interest where permitted by applicable law.

Nothing in these Terms limits any construction lien, trust, collection, or other statutory remedy available to Bigfoot. Any registration, enforcement, or notice shall be made in accordance with applicable law.

4. Delivery, Pickup, and Site Access

All delivery dates and times are estimates only. Bigfoot is not liable for project delays or related costs arising from estimated delivery dates or circumstances beyond its reasonable control.

The Customer must provide safe, clear, and lawful access for delivery vehicles, including removal of snow, ice, debris, and obstructions. Bigfoot may refuse delivery where site conditions are unsafe or inaccessible. Failed delivery attempts, standby time, storage, handling, or redelivery may be charged to the Customer.

If the Customer directs a Bigfoot vehicle onto a private driveway, yard, unpaved area, unfinished structure, or other restricted location, the Customer assumes the risk of resulting property damage except to the extent caused by Bigfoot’s proven gross negligence.

Where a Customer requests or authorizes an unattended delivery, the Customer must provide the delivery location and authorization in writing. Bigfoot may document deliveries, site conditions, quantities, and placement by photographs, video, scanning records, electronic records, or other contemporaneous evidence.

5. Risk of Loss, Acceptance, and Inspection

For pickup orders, risk of loss, theft, shortage, or damage passes to the Customer upon loading or when the materials are made available for pickup, whichever occurs first.

For delivered orders, risk of loss, theft, shortage, or damage passes to the Customer when the materials are delivered to the requested or authorized location. The Customer is responsible for protecting delivered materials from theft, moisture, weather, temperature changes, improper storage, and site damage.

Delivery or pickup may be evidenced by a signed or electronic proof of delivery, customer direction regarding placement, delivery photographs, scanning records, or other contemporaneous records. A Customer signature, electronic acknowledgement, authorized placement instruction, or failure to report a visible discrepancy within the required notice period constitutes acceptance of the delivered materials, subject to any applicable latent defect rights.

The Customer must inspect all materials immediately upon receipt. Visible damage, shortages, or incorrect products must be noted on the delivery or pickup documentation and reported to Bigfoot in writing within 24 hours.

Concealed shipping damage discoverable through reasonable inspection must be reported to Bigfoot in writing by the end of the second business day following delivery or pickup. A true latent manufacturing defect must be reported promptly after discovery and within the applicable manufacturer warranty period.

The Customer must not cut, paint, finish, install, or alter any material after discovering a discrepancy without Bigfoot’s written authorization. Except for defects that could not reasonably have been discovered earlier, cutting, finishing, painting, installation, or alteration constitutes acceptance of the product’s identity, quantity, visible condition, and suitability for the intended application.

6. Returns

All returns require Bigfoot’s prior written authorization. Returned materials must be new, unused, resaleable, in original packaging, and accompanied by proof of purchase. Authorized returns may be subject to restocking, freight, handling, and supplier charges.

Custom, special-order, factory-direct, clearance, discontinued, altered, finished, painted, cut, or installed materials are non-returnable.

7. Installation Services

Bigfoot has no installation obligation unless installation is expressly included in a separate written supply-and-install contract accepted in writing by Bigfoot for a commercial builder, developer, or specific project.

A referral to an independent contractor or third-party installer is a courtesy only. Bigfoot is not responsible for that party’s workmanship, pricing, insurance, delays, safety, or contract performance.

Where Bigfoot is contracted to install, the Customer must provide a safe, ready, and accessible site. Bigfoot is not responsible for pre-existing conditions, including rot, mold, structural deficiencies, moisture, unsuitable substrates, or out-of-square framing. Corrective work or delays caused by site conditions will be charged as extras.

Minor punch-list items, warranty claims, or disputed deficiencies do not entitle the Customer to withhold payment beyond any amount lawfully disputed under applicable legislation.

8. Customer Measurements, Takeoffs, and Product Suitability

The Customer is responsible for verifying all measurements, plans, quantities, specifications, building-code requirements, and product suitability before ordering unless Bigfoot expressly agrees otherwise in writing.

Material takeoffs, estimates, or product suggestions supplied by Bigfoot are provided as a customer service only. Bigfoot assumes no responsibility for structural suitability, code compliance, or quantity variances unless expressly assumed in a separate written agreement.

9. Storage, Handling, Finishing, and Product Variation

The Customer must follow Bigfoot’s and the manufacturer’s written requirements for storage, acclimatization, handling, sealing, painting, finishing, installation, humidity, and temperature. Bigfoot is not responsible for damage caused by improper storage, exposure, delayed finishing, moisture, site conditions, or failure to follow those requirements.

Natural wood, veneer, stain, paint, manufactured finishes, dye lots, grain, colour, texture, and dimensions may vary within reasonable manufacturer or industry tolerances. Samples, photographs, and digital images are representative only and do not guarantee an exact match.

10. Delays and Force Majeure

Bigfoot is not financially liable for delay, lost profit, labour cost, liquidated damages, project downtime, or penalties arising from events beyond its reasonable control, including supplier shortages, manufacturer backorders, freight or transit delays, weather, fire, flood, labour disruption, government action, tariffs, or acts of God.

11. Warranties and Limitation of Liability

Products sold by Bigfoot are subject only to warranties provided by the original manufacturer or supplier. Bigfoot does not provide an independent product warranty, but may assist with administration of a valid manufacturer warranty claim.

To the maximum extent permitted by law, Bigfoot’s total cumulative liability for any claim, whether in contract, negligence, product liability, or otherwise, is limited to the purchase price actually paid to Bigfoot for the specific product or service giving rise to the claim.

Bigfoot is not liable for indirect, incidental, special, punitive, or consequential damages, including loss of business, loss of profit, project downtime, reinstallation labour, delay costs, or third-party claims.

12. Photos and Records

Bigfoot may take photographs or videos of deliveries, products, site conditions, and completed installations for quality control, delivery verification, warranty review, training, or legal purposes. Private residential interior photographs will not be used for public marketing without the Customer’s consent.

13. Legal Disputes and Governing Law

These Terms are governed by the laws of Alberta. Legal proceedings arising from these Terms must be brought in the courts of Calgary, Alberta, unless applicable legislation requires otherwise.

Where applicable, the parties shall comply with Alberta’s Prompt Payment and Construction Lien Act.

14. Statutory Consumer Cancellation Rights

Where a retail consumer transaction is subject to a statutory cancellation right under Alberta’s Consumer Protection Act or other applicable legislation, the Customer may exercise that right in the manner and within the period prescribed by law. These Terms do not restrict or waive any mandatory consumer right.

No additional cancellation right is created where the legislation does not apply. Any separate statutory cancellation notice required for a particular consumer transaction shall form part of that transaction.

15. General

If any provision of these Terms is found unenforceable, the remaining provisions continue in effect. Bigfoot’s failure to enforce a provision on one occasion does not waive its right to enforce that provision later.

Electronic signatures, email acceptance, electronic acknowledgements, customer portal approvals, and other electronic records may be used to form or evidence an agreement.

If documents conflict, the following order of precedence applies: (1) a project-specific written contract signed or accepted by Bigfoot; (2) Bigfoot’s accepted quote or order confirmation; (3) these Terms; and (4) a Customer purchase order only to the extent expressly accepted by Bigfoot in writing.