Terms of use.

1. Acceptance

Browsing or otherwise using this site constitutes acceptance of these terms. They govern the public-facing pages, the estimator, quote requests, stock-notify submissions, and trade-account interactions. If you do not accept these terms, do not use the site.

2. Site purpose

Norcut Railings LTD. supplies bulk aluminum railing systems to contractors, developers, installers, and multi-unit builders in British Columbia and Alberta. The site is a trade-only B2B interface. It is not intended for, and is not directed at, consumers or homeowners. Pricing displayed in the estimator is a planning estimate, not a quote. Formal quotes are issued by sales after a request is submitted via Request quote.

3. Trade accounts

• Trade accounts are reviewed and approved by Norcut. Net 30 payment terms are conditional on credit approval and remain at Norcut’s discretion. Applying for an account authorizes Norcut to verify the information you provide and to request a credit report from a commercial credit bureau.
• Accounts may be suspended or closed for non-payment beyond Net 30 terms, returned cheques or NSF payments, material breach of these terms, misuse of the estimator or quote process, fraudulent activity, insolvency or assignment for the benefit of creditors, or use of the site or product in a manner not consistent with its trade purpose.
• Apply via Account · Apply. Full schedule on Trade terms.

4. Estimator and quote

• Estimates produced by the estimator are non-binding planning figures. Final pricing, lead time, freight, and applicable taxes are set in the formal written quote issued by Norcut sales. Quotes are valid for 30 days from the date of issue unless stated otherwise on the quote itself.
• Estimator output is generated from list pricing and the discount tier (if any) that the supplied estimator inputs qualify for. Discount tiers and trade terms are described on Trade terms.
• Lead times shown on the site or in the estimator are estimates based on current stock and freight scheduling. Actual delivery depends on stock on hand, freight availability, and any engineering review required for the project.
• For the Glass line, the kit ships as a frame only. Customers are responsible for sourcing tempered glass panes that meet the applicable code and the bay widths in the shipped kit.

5. Out-of-stock state

Where a product is shown as “Temporarily out of stock,” submission of a notify-when-in-stock request does not constitute an order, a reservation of inventory, or a binding commitment by Norcut to supply, price, or lead time when stock returns. Notify-when-in-stock submissions are best-effort and may be deleted if not converted within the retention windows described in the Privacy notice.

6. Product specifications and code references

• Engineering specifications and code references on this site are provided for planning. The customer’s engineer of record is responsible for verifying applicability to the project under the National Building Code and applicable provincial codes (BC Building Code, Alberta Building Code).

7. Limitation of liability

To the maximum extent permitted by applicable law, Norcut’s total aggregate liability to a customer arising out of or related to the supply of a particular kit, the use of the site, the use of the estimator, or any quote, order, or invoice, whether in contract, tort (including negligence), statute, or otherwise, is limited to the amount actually paid by the customer to Norcut for the specific kit, order, or invoice that gave rise to the claim, in the twelve (12) months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, Norcut is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, project delay damages, liquidated damages, or cost of substitute goods or services, even if Norcut has been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

Nothing in this section limits or excludes liability for: (a) fraud or fraudulent misrepresentation; (b) gross negligence or wilful misconduct; (c) death or personal injury caused by Norcut’s negligence; (d) liability that, under applicable law, cannot be limited or excluded; or (e) amounts owing for product supplied and accepted.

The customer acknowledges that the limitations in this section reflect a reasonable allocation of risk between sophisticated commercial parties, are an essential element of the bargain on which Norcut’s pricing is based, and would not be agreed to without these limitations.

8. Indemnification

Customer indemnity.The customer will defend, indemnify, and hold harmless Norcut, its affiliates, and their respective directors, officers, employees, and agents from and against any third-party claim, demand, action, loss, damage, liability, cost, or expense (including reasonable legal fees) arising out of or related to: (a) the customer’s misuse, improper installation, or non-conforming use of any Norcut product; (b) the customer’s failure to follow Norcut’s published installation instructions or the cut sheet for the product; (c) installation work performed by the customer or its subcontractors; (d) the customer’s breach of these terms; (e) the customer’s violation of any applicable building code, occupational health and safety regulation, or other applicable law; or (f) any modification, alteration, or combination of a Norcut product with other materials not approved in writing by Norcut.

Norcut indemnity. Norcut will defend, indemnify, and hold harmless the customer from and against any third-party claim, demand, action, loss, damage, liability, cost, or expense (including reasonable legal fees) to the extent arising out of: (a) a defect in a Norcut product covered by the published warranty for that product and within the warranty term; or (b) a claim that a Norcut product, used as supplied and as intended, infringes a Canadian patent, trademark, or copyright of a third party.

Procedure.The party seeking indemnification will: (i) give the indemnifying party prompt written notice of the claim; (ii) give the indemnifying party sole control of the defence and settlement of the claim, provided that no settlement may admit liability or impose a non-monetary obligation on the indemnified party without that party’s prior written consent; and (iii) provide reasonable cooperation, at the indemnifying party’s expense, in the defence of the claim.

9. Governing law

These terms are governed by, and will be interpreted in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws principles.

10. Dispute resolution

The parties submit to the exclusive jurisdiction of the courts of British Columbia, sitting in Victoria, for any dispute arising out of or related to these terms, the site, or the supply of Norcut product, and waive any objection to venue in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11. Severability and assignment

• Severability. If any provision of these terms is held unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in full force.
• Assignment.The customer may not assign these terms, in whole or in part, without Norcut’s prior written consent. Norcut may assign these terms in connection with a sale of all or substantially all of its business, a corporate reorganization, or to an affiliate.
• Entire agreement. Where a customer and Norcut have signed a separate written supply agreement, master services agreement, or purchase order containing different terms, that signed agreement controls over these terms to the extent of any conflict.
• No waiver.Norcut’s failure to enforce a provision is not a waiver of that provision or of any other provision.

12. Changes

Norcut may update these terms from time to time. The effective date at the top of the page will be updated to reflect any material change. Continued use of the site after an update constitutes acceptance of the updated terms.

13. Contact

Contact sales: office@norcut.ca. Billing and accounts: accounts@norcut.ca. General contact details on Contact.