Terms and Conditions

Definitions

In these Terms and Conditions:

• “Seller” or “OneCurb” means Onecurb Solutions Ltd., a British Columbia corporation.
• “Buyer” or “customer” means the person or business placing an order on this Site.
• “Goods” means curb adapters and any other products listed for sale on the Site.
• “Custom Goods” means Goods manufactured or assembled to specifications provided by the Buyer.
• “Site” means onecurb.com and all associated pages and order portals.
• “Order” means a purchase order submitted by the Buyer and accepted by OneCurb.

Acceptance of Terms

By accessing this Site or placing an order, you confirm that you are at least 18 years of age, have authority to enter into a binding agreement on behalf of yourself or your organization, and agree to these Terms in full. If you do not agree to these Terms, do not use this Site or place an order.

These Terms apply to all orders and supersede any terms or conditions submitted by the Buyer in a purchase order or other document, unless OneCurb expressly agrees otherwise in writing.

Accounts

To place orders through the Site, you may be required to create an account. You agree to:

• Provide accurate, complete, and current information when creating your account.
• Maintain the security of your login credentials and not share them with others.
• Notify OneCurb immediately at support@onecurb.com if you become aware of any unauthorized use of your account.
• Accept responsibility for all activity that occurs under your account.

OneCurb reserves the right to suspend or terminate any account that is used in violation of these Terms or applicable law.

Custom Goods and Specifications

All curb adapters sold by OneCurb are manufactured to the Buyer’s specifications. The following applies to all Custom Goods:

• The Buyer is solely responsible for the accuracy and completeness of all measurements, dimensions, and specifications submitted to OneCurb.
• OneCurb does not independently verify or confirm specifications provided by the Buyer and is not liable for any defect, incompatibility, or failure caused by inaccurate or incomplete specifications.
• By submitting an order, the Buyer warrants that all specifications provided are correct and suitable for the intended application.
• OneCurb reserves the right to decline any order where submitted specifications are unclear, incomplete, or outside OneCurb’s standard manufacturing capabilities.

Measurement accuracy is the Buyer’s responsibility. OneCurb will manufacture exactly to the specifications provided. Adapters fabricated to incorrect customer-supplied measurements are not eligible for warranty replacement or refund.

Orders, Acceptance, and Pricing

Order Acceptance

Submitting an order through the Site constitutes an offer to purchase. No order is binding on OneCurb until OneCurb issues a written order acknowledgment or confirmation. OneCurb reserves the right to reject or cancel any order at any time prior to acceptance, including due to pricing errors, production constraints, or suspected fraud. If a paid order is cancelled by OneCurb, a full refund will be issued.

Pricing

Prices are as displayed on the Site at the time of order and are subject to change without notice. Price changes do not apply to orders already accepted by OneCurb. Displayed prices do not include applicable taxes, shipping, or handling charges, which will be calculated at checkout or confirmed in the order acknowledgment.

Quotations provided outside the Site are valid for 30 days from the date of issue unless otherwise specified in writing, and do not constitute an obligation until an order is formally accepted by OneCurb.

Payment Terms

Payment is due net 30 days from the date of invoice, unless otherwise agreed in writing by OneCurb. OneCurb reserves the right to:

• Require payment in advance or a deposit for new accounts or large orders.
• Charge interest on overdue amounts at a rate of 1.5% per month (18% per annum) or the maximum permitted by applicable law, whichever is lower.
• Suspend production or withhold shipment on any order where a prior invoice is overdue.
• Refer overdue accounts to a collections agency and recover reasonable collection costs from the Buyer.

The Buyer is responsible for all taxes, duties, and levies applicable to their purchase, including GST/HST and any applicable import duties for deliveries outside Canada.

Order Cancellations and Changes

Cancellation by Buyer

Cancellation requests must be submitted in writing to support@onecurb.com. Cancellation charges apply based on the status of the order at the time of the request:

• Before production begins: subject to a cancellation fee to cover design and materials preparation costs.
• After production has begun: cancellation fee of up to 100% of the order value depending on the stage of fabrication and materials consumed.
• After completion or shipment: order cannot be cancelled.

Custom Goods cancelled by the Buyer after production begins are not eligible for refund of any amounts paid toward material costs already incurred.

Changes by Buyer

Change requests must be submitted in writing before production begins. Changes requested after production has started may be declined or may result in additional charges and revised delivery schedules. OneCurb reserves the right to decline changes that would affect the structural or functional integrity of the Goods.

Changes to Scope of Work

No change, modification, addition, or amendment to the scope of work, specifications, quantities, pricing, delivery schedule, or any other term of an accepted Order shall be binding on OneCurb unless documented in a written change order signed or confirmed in writing (including by email from an authorized representative) by both OneCurb and the Buyer. Change requests must be submitted in writing before production begins. Verbal instructions, site discussions, or informal communications shall not constitute a valid change to the Order and shall not bind either party, regardless of whether work is performed in reliance on them. Changes requested after production has started may be declined or may result in additional charges and revised delivery schedules**, all of which must be set out in a written change order and accepted by the Buyer before OneCurb proceeds with the change**. OneCurb reserves the right to decline changes that would affect the structural or functional integrity of the Goods. Any work performed, materials consumed, or costs incurred by OneCurb in connection with an unauthorized or undocumented change requested by the Buyer shall be invoiced to the Buyer at OneCurb’s standard rates, in addition to the original Order amount.

Cancellation by OneCurb

OneCurb may cancel any accepted order due to material shortages, production constraints, pricing errors, or events beyond its reasonable control.

Production and Lead Times

Lead times for Custom Goods are estimates only and are not guaranteed. Actual production time depends on order complexity, current shop load, and material availability. OneCurb will communicate an estimated lead time at order acknowledgment and will notify the Buyer of any material delays.

OneCurb is not liable for delays caused by events outside its reasonable control, including but not limited to material shortages, carrier disruptions, labour disputes, or natural events. In such cases, OneCurb will use reasonable efforts to fulfill the order as soon as practicable.

Shipping, Delivery, and Risk of Loss

Shipping Arrangements

Freight Damage — Irreparable Units

If Goods are damaged during transit and cannot be repaired or installed:

• If OneCurb arranged the shipment: OneCurb will fabricate and deliver a replacement unit at no charge to the Buyer.
• If the Buyer arranged the shipment: OneCurb will fabricate a replacement unit at the standard unit price, invoiced to the Buyer. The Buyer is responsible for recovering replacement costs through a claim with their carrier or cargo insurer.

All damage must be reported to OneCurb within 24 hours of confirmed delivery. Damage reports received after this period may not be eligible for remediation. See OneCurb’s Shipping Damage Policy for full reporting requirements.

Delivery Address

The Buyer is responsible for providing a complete and accurate delivery address, including recipient name and any site access requirements. OneCurb is not liable for failed or misdirected deliveries resulting from inaccurate or incomplete address information provided by the Buyer.

International Deliveries

Orders shipped outside Canada may be subject to import duties, taxes, and customs clearance requirements at the destination. The Buyer is solely responsible for all such charges. OneCurb is not liable for delays or additional costs arising from customs processes.

Warranty

Limited Manufacturer’s Warranty

All Goods sold by Onecurb Solutions Ltd. carry a one (1) year limited manufacturer’s warranty from the date of delivery. Under this warranty, OneCurb will provide an exact replacement product, at no charge, in the event of a significant failure caused by a defect in materials or workmanship.

Warranty Exclusions

• Defects or failures caused by inaccurate or incomplete specifications provided by the Buyer.
• Damage occurring during transit (see Section 9 — Shipping).
• Damage resulting from improper installation, modification, or misuse.
• Normal wear and tear or deterioration from environmental exposure.
• Labour, equipment, or other costs associated with the removal of an existing product or installation of a replacement.
• Products that have been altered, cut, or modified after delivery.

Warranty Disclaimer

Except as expressly stated in this Section, OneCurb makes no other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. All Goods are sold “as is” to the extent permitted by applicable law.

Returns and Non-Returnable Goods

Because all Goods are custom-fabricated to the Buyer’s specifications, all sales are final. Custom Goods cannot be returned for credit, exchange, or refund except in the following circumstances:

• The Goods contain a verified manufacturing defect covered under Section 10 (Warranty).
• The Goods delivered do not match the specifications confirmed in the order acknowledgment.

Any return request must be submitted to support@onecurb.com within 5 business days of delivery and include the original order number, a description of the issue, and supporting photographs. Goods returned without prior written authorization from OneCurb will be refused.

Limitation of Liability

To the maximum extent permitted by applicable law:

• OneCurb Solutions Ltd.’s total liability to the Buyer for any claim arising out of or related to these Terms or the sale of Goods is limited to the amount actually paid by the Buyer for the specific Goods that are the subject of the claim.
• OneCurb Solutions Ltd.’s total aggregate liability to the Buyer for all claims, in the aggregate, arising out of or related to these Terms or the sale of Goods (whether in contract, tort, negligence, strict liability, statute, or any other legal theory) is limited to fifty percent (50%) of the amount actually paid by the Buyer for the specific Goods that are the subject of the claim in the twelve (12) months preceding the event giving rise to the claim. This cap is a fundamental basis of the bargain between the parties and applies even if any limited remedy in these Terms is found to have failed of its essential purpose.
• OneCurb Solutions Ltd. is not liable for any loss or damage caused by events outside its reasonable control, including carrier delays, material shortages, or force majeure events.
• Onecurb Solutions Ltd. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site or use of our products.

Intellectual Property

All content on the Site — including text, images, logos, technical drawings, and documents — is the property of Onecurb Solutions Ltd. and may not be reproduced, distributed, or used without prior written permission. Nothing in these Terms grants the Buyer any licence to OneCurb’s intellectual property.

Acceptable Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You must not:

• Use the Site in any way that violates applicable law or regulation.
• Attempt to gain unauthorized access to any part of the Site or any account other than your own.
• Submit false, misleading, or fraudulent information in connection with an order.
• Use automated tools to scrape, harvest, or extract data from the Site without OneCurb’s written consent.
• Introduce malware, viruses, or other harmful code to the Site.

OneCurb reserves the right to suspend or terminate access to the Site for any violation of this section, without notice and without liability.

Privacy

OneCurb collects and uses personal information in accordance with applicable privacy legislation, including the Personal Information Protection Act (PIPA) of British Columbia. Personal information collected through the Site is used solely for order processing, account management, and communication related to your orders.

OneCurb does not sell personal information to third parties. Information may be shared with carriers and payment processors as necessary to fulfill orders. For questions about your personal information, contact support@onecurb.com.

Consumer Protection

Where the Business Practices and Consumer Protection Act (BC) or other applicable consumer protection legislation applies and cannot be excluded, these Terms will not limit any rights or remedies available to you under that legislation. In the event of a conflict between these Terms and mandatory consumer protection provisions, the mandatory provisions will prevail.

Dispute Resolution

This section affects your legal rights. Please read carefully.

In the event of a dispute arising out of or related to these Terms or any order, the parties agree to first attempt resolution through informal discussion. If informal discussion does not resolve the matter within 30 days of written notice, the parties agree to submit the dispute to non-binding mediation before a neutral mediator acceptable to both parties.

If mediation fails, the dispute shall be finally resolved by binding arbitration in the Province of British Columbia under applicable arbitration rules. The arbitrator’s decision will be final and binding. Costs of mediation and arbitration will be shared equally between the parties.

Notwithstanding the above, either party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction, and either party may bring a claim in Small Claims Court where the amount in dispute falls within that court’s jurisdiction.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of British Columbia for any matter not subject to arbitration under Section 17.

Indemnification

To the extent permitted by law, the Buyer agrees to indemnify, defend, and hold harmless Onecurb Solutions Ltd. and its directors, officers, employees, agents, and affiliates from and against any claims, losses, damages, liabilities, and expenses — including reasonable legal fees — arising from: (a) the Buyer’s use of the Site or the Goods; (b) the Buyer’s breach of these Terms; or (c) inaccurate specifications provided by the Buyer in connection with a custom order.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

Changes to These Terms

OneCurb may update these Terms from time to time to reflect changes in its operations or applicable law. Updated Terms will be posted on the Site with a revised effective date. For material changes, OneCurb will notify registered account holders by email. Continued use of the Site or placement of an order after the effective date constitutes acceptance of the revised Terms.

Contact Information

For questions about these Terms, orders, or your account, please contact: