Legal
This page contains some quick reference information for our clients and supplier partners regarding our legal agreements, authority of persons to bind the corporation, as well as our limitation of liability. To keep it simple, we refer to our company as Azure Technical.
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Unless expressly noted to the contrary in a fully executed contract, the items list on the page may be depended on.
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If you are uncertain, the responsible thing to do would be to reach out to our directors, please feel free to do so: directors@azuretechnical.com
Delegation of Authority
All Azure Technical employees have the authority to approve, accept, reject, request, and instruct changes to the physical construction work, agreed methodologies, drawings, documents, scopes of work or service, schedules for delivery or completion of work, provided no additional costs are associated with a change for either our clients or Azure Technical.
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All change acceptances, rejections, requests, or instructions to change must be and will only be binding if reduced to writing and accepted by both parties.
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All employees of Azure Technical are equally authorized and required to stop work that is, or is to best of their knowledge suspected of being, unsafe or non-compliant with designs, drawings, regulations, or codes. Such instructions and refusals are the only instructions that may be given verbally first and are required to followed up with written confirmation.
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Also see Delegation of Financial Authority.
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Delegation of Financial Authority & Authority to Bind
Any instruction to change or accelerate which will increase cost to Azure Technical is required to be reduced to writing, issued as a numbered PDF document, and fully executed before it is binding.
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Only the directors of the Azure Technical have the authority to bind the company in a purchase or sale of goods or services, or alterations the to scope of services or supply that results in, or are likely to result in, an additional cost to Azure Technical or its clients.
Only the directors have the right to bind the company in master supply or service agreements, commercial agreements related to the company in general, or agreements with Azure Technical’s clients.
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The only exception to the above is that the senior project managers, senior construction managers, and principal or senior engineers of Azure Technical are authorized to instruct, request, accept, or reject changes with a financial impact less than CAD 10,000.00, and additionally, only if related only the individual projects, and engineered work or supply of goods or services for a single project.
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Basis of Sales, Quotations, and Proposals
Azure Technical wishes to make abundantly clear, that any requirement, specification, procedure, safe work procedure, management requirement, or documentation requirement not issued and confirmed to be received by the time of submission of a commercial and/or technical offer by Azure Technical, and so duly noted in the documentation is not included in the offer, and the inclusion thereof and commensurate adjustment of the price is at the sole and absolute discretion of Azure Technical's directors.
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Analysis and Audit of the Services and Supply by Others
Azure Technical depends on the integrity of others sub-contractors and suppliers and the operation of law, and proceeds in good faith when engaging with communities, regulators, other businesses, sub-contractors, suppliers, and individuals. Azure Technical relies on the drawings, data sheets, specifications and information generally presented or provided for projects by other companies or persons to be accurate and dependable or expressly indicating that they are not to be relied upon if this is the case.
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Azure Technical conducts its own review of sub-contractors’ and suppliers’ quality control as may be required by clients or at the discretion of Azure Technical’s directors. Unless expressly indicated to the contrary, Azure Technical does not include in it's pricing, or hold forth that we interrogate by analysis, audit, or inspection, the works and supply of others where such work or supply is represented by them to meeting certain standards, have certain capabilities, or is required be law to have certain compliances. Inclusion of such detailed audit level of services must be expressly requested by our clients and is recommended only for items impacting the safety of human life, a large environmental area, or significant capital investment.
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Should a possible or actual error or misrepresentation come to our attention, whether as a result of human error, negligence or purposeful deceit by others, Azure Technical will act responsibly in protecting our clients and, if necessary - such as in the event of a failure to rectify, certify, of comply - reporting or notifying the concerned parties or authorities.
Azure Technical does however wish to be transparent in stating that we will not accept any liability or damages for delivering work or services that has been negatively impacted by the fraudulent misrepresentation of others, whether accidental of purposeful on their part. Azure Technical will however always negotiate and collaborate with our clients and supplier partners to rectify shortcomings. Where necessary, Azure Technical will always assist our clients to the best of our abilities in legal action for damages or losses resulting from such misrepresentations by others.
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Third Parties Depending on Our Services
The engineering and consulting works delivered by Azure Technical is for the exclusive benefit of the individual clients of Azure Technical whom contracted, and paid for the performance of services. Such work delivered to a client may not be used, resold to, perused, or relied upon by any third party without the express, written consent of the directors of Azure Technical.
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Furthermore, Azure Technical does not in any way accept liability for any loss, injury, death, or damage suffered by any client or third party resulting from such prohibited use, or action taken on account of the information gained in this unauthorized and prohibited manner. For clarity, Azure Technical is not liable for damages and losses suffered by those who are not clients of Azure Technical, have no contract with Azure Technical, or have not paid for work by Azure Technical, for the specific piece information or document in question.
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Confidentiality of Correspondence
Our e-mail, documents, and other written correspondence is generally considered confidential/privileged. The recipient companies, self-employed, or private persons have the right to appropriately use the information to the benefit of the Azure Technical’s projects, and contracts for work or services, and Azure Technical's clients only; they may not resell, reuse, or allow others to peruse the information, drawings, data sheets, specifications, pricing, designs, plans, estimates, schedules, or any information they receive from Azure Technical's clients or of others collaborating with Azure Technical. If such information is received accidentally, Azure Technical requests recipients to fully delete such correspondence immediately and confirm that it was done.
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Azure Technical wishes to be transparent in that Azure Technical accepts no liability for damages, loss, injury, death, or legal action by recipients resulting from such reuse, resale, disseminations, breach of good faith, and unauthorized use of information.
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