ORCA SOLUTIONS LGS
Last Updated: December 17, 2025

IMPORTANT NOTICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES OR PURCHASING OUR PRODUCTS. BY ACCESSING OUR WEBSITE, REQUESTING A QUOTE, OR ENTERING INTO A PURCHASE AGREEMENT WITH ORCA SOLUTIONS LGS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

1. DEFINITIONS

“ORCA,” “Company,” “We,” “Us,” or “Our” refers to ORCA SOLUTIONS LGS, a company operating in British Columbia, Canada, with its principal place of business at 2411 Cousins Avenue, Courtenay, BC V9N 3N6.

“Customer,” “You,” or “Your” refers to the individual, company, or legal entity purchasing products or services from ORCA.

“Products” refers to modular buildings, prefabricated structures, light gauge steel (LGS) components, and related construction products manufactured, supplied, or installed by ORCA.

“Services” refers to design, engineering, manufacturing, delivery, installation, and any related services provided by ORCA.

“Website” refers to www.orcalgs.ca and all associated subdomains.

“Order” refers to a confirmed purchase agreement between Customer and ORCA for Products and/or Services.

“Deposit” refers to the initial payment required to commence work on an Order.

“Specifications” refers to the detailed design, materials, dimensions, and features of Products as agreed in writing.

2. SCOPE AND APPLICATION

2.1 General Application

These Terms and Conditions govern all transactions, quotations, orders, and use of services provided by ORCA Solutions LGS. They apply to:

• Use of our Website
• All inquiries, quotes, and proposals
• All purchase agreements for Products and Services
• Delivery and installation services
• Post-sale support and warranties

2.2 Acceptance

By placing an Order, making a deposit, or signing a purchase agreement, you accept these Terms in their entirety. If you do not agree with any part of these Terms, do not proceed with any transaction.

2.3 Age Requirement

You must be at least 19 years of age (the age of majority in British Columbia) to enter into a binding agreement with ORCA.

3. PRODUCTS AND SERVICES

3.1 Product Information

All product descriptions, specifications, images, and renderings on our Website are provided for general information purposes. While we strive for accuracy, minor variations may occur due to:

• Manufacturing processes
• Material availability
• Building code requirements
• Site-specific conditions
• Customization requests

3.2 Customization

ORCA offers customized modular building solutions. Final specifications will be documented in a written agreement and supersede any preliminary information provided on the Website or in initial communications.

3.3 No Guarantee of Availability

Products and materials are subject to availability. ORCA reserves the right to substitute materials of equal or better quality if specified materials become unavailable.

3.4 Engineering and Design Services

All engineering and design work performed by ORCA or its contractors remains the intellectual property of ORCA unless explicitly transferred in writing. Designs are site-specific and may not be suitable for other locations or applications.

4. QUOTATIONS AND PRICING

4.1 Quotation Validity

All quotations are valid for 30 days from the date of issue unless otherwise specified. Pricing is subject to change due to material costs, labor rates, or other economic factors beyond this period.

4.2 Price Changes

ORCA reserves the right to adjust pricing if:

• Material costs increase by more than 5% between quotation and order confirmation
• Customer requests changes to specifications
• Site conditions differ materially from initial assessments
• Building code requirements change
• Projects extend beyond agreed timelines due to Customer delays

4.3 Taxes and Fees

All prices are quoted in Canadian dollars (CAD) and exclude:

• Goods and Services Tax (GST) or Harmonized Sales Tax (HST) as applicable
• Provincial Sales Tax (PST) where applicable
• Permit fees and inspection costs
• Utility connection fees
• Site preparation costs (unless specifically included)
• Shipping costs beyond standard delivery area

5. ORDERING AND PAYMENT TERMS

5.1 Order Confirmation

An Order is confirmed only when:

1. Customer has signed a written purchase agreement
2. ORCA has received the required deposit
3. ORCA has issued written confirmation of the Order

5.2 Deposit Requirements

A deposit of 10% (as specified in your quote) is required to commence work. This deposit covers:

• Engineering and design services
• Material procurement
• Production scheduling
• Administrative costs

5.3 Payment Schedule

Unless otherwise agreed in writing, payment terms are:

• 10% deposit upon order confirmation
• 30-40% progress payment upon manufacturing completion
• Balance due upon delivery or before installation commences

5.4 Payment Methods

ORCA accepts payment by:

• Bank transfer (EFT)
• Certified cheque or bank draft
• Credit card (service fees may apply)
• Financing through approved third-party lenders

5.5 Late Payment

Overdue accounts will be charged interest at 2% per month (26.82% annually) or the maximum rate permitted by law, whichever is less. ORCA may suspend work and delivery until payment is received.

5.6 Financing Disclaimer

If you choose third-party financing, ORCA is not responsible for:

• Financing approval or terms
• Interest rates or fees charged by lenders
• Disputes between Customer and lender

6. MANUFACTURING AND LEAD TIMES

6.1 Production Timeline

Standard lead times range from 16-24 weeks from order confirmation, depending on:

• Product complexity
• Customization requirements
• Material availability
• Production schedule

6.2 Delays

ORCA will make reasonable efforts to meet agreed timelines but is not liable for delays caused by:

• Force majeure events (see Section 16)
• Material shortages or supply chain disruptions
• Changes requested by Customer
• Delayed payments
• Permitting or regulatory delays
• Site access issues
• Weather conditions

7. DELIVERY AND INSTALLATION

7.1 Delivery Terms

Delivery is completed when Products arrive at the agreed location. Customer is responsible for:

• Site access for delivery vehicles (including adequate road width, overhead clearance, and load capacity)
• Unloading equipment if required (crane, forklift, etc.)
• Secure storage if installation is delayed
• Site preparation as per ORCA’s specifications

7.2 Delivery Scheduling

ORCA will provide at least 3-5 business days’ notice of delivery. Customer must be available to receive delivery at the scheduled time. Failed deliveries due to Customer unavailability may incur re-delivery fees.

7.3 Site Conditions

Customer warrants that:

• The site is accessible and safe for delivery and installation crews
• All necessary permits have been obtained
• Utilities are available as required
• Site preparation meets ORCA’s specifications
• Environmental hazards (asbestos, mold, hazardous materials) have been disclosed

7.4 Installation Services

If installation is included:

• ORCA will install Products in accordance with manufacturer specifications and applicable building codes
• Customer must provide access to utilities (power, water, etc.)
• Installation timeline is weather-dependent
• Customer is responsible for final finishes, hookups, and landscaping unless specifically included

7.5 Risk of Loss

Risk of loss transfers to Customer upon delivery. Customer is advised to secure appropriate insurance coverage.

8. PERMITS, CODES, AND COMPLIANCE

8.1 Building Permits

Unless explicitly agreed otherwise:

• ORCA is responsible for obtaining all necessary building permits
• ORCA will provide engineering drawings and specifications to support permit applications

8.2 Code Compliance

ORCA designs and manufactures Products to comply with:

• National Building Code of Canada (NBC)
• British Columbia Building Code (BCBC)
• Local municipal bylaws and zoning regulations
• Applicable CSA standards

8.3 Site-Specific Requirements

Customer must inform ORCA of:

• Special zoning restrictions
• Homeowner association requirements
• Environmental regulations
• Heritage designation restrictions
• Any other site-specific limitations

8.4 Changes for Compliance

If regulatory requirements change after order confirmation, ORCA reserves the right to modify designs and adjust pricing accordingly.

9. CHANGES AND CANCELLATIONS

9.1 Customer-Requested Changes

Changes after order confirmation may result in:

• Additional costs
• Extended lead times
• Re-engineering fees
• Material waste charges

All changes must be approved in writing with updated pricing and timelines.

0.2 Cancellation by Customer

If Customer cancels an Order:

• Before manufacturing begins: Deposit is forfeited; Customer pays for work completed
• After manufacturing begins: Customer pays for all materials, labor, and a 25% cancellation fee on remaining balance
• After delivery: No refunds; Customer owns the Products

9.3 Cancellation by ORCA

ORCA may cancel an Order if:

• Customer breaches these Terms
• Customer fails to make payments as scheduled
• Site conditions are unsafe or unsuitable
• Regulatory changes make the project infeasible

In such cases, ORCA will refund payments less costs incurred and a reasonable administrative fee.

10. LIMITATION OF LIABILITY

10.1 Maximum Liability

ORCA’s total liability for any claim arising from Products or Services shall not exceed the total amount paid by Customer for the specific Product or Service giving rise to the claim.

10.2 Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCA SHALL NOT BE LIABLE FOR:

• Consequential, indirect, incidental, or punitive damages
• Loss of profits or business opportunities
• Accommodation costs during construction
• Alternative housing expenses
• Financing costs or rate changes
• Emotional distress or inconvenience

10.3 Time Limitation

Any claim must be brought within one (1) year of the event giving rise to the claim or be forever barred.

10.4 Exceptions

Nothing in these Terms excludes liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under Canadian law

11. INTELLECTUAL PROPERTY

11.1 ORCA’s IP Rights

All designs, drawings, plans, specifications, logos, and other materials created by ORCA remain ORCA’s exclusive intellectual property. Customer receives a limited license to use these materials solely for the construction of their specific project.

11.2 Restrictions

Customer may not:

• Reproduce ORCA’s designs for additional structures
• Share designs with competitors
• Modify designs without written permission
• Use ORCA’s trademarks or branding without authorization

11.3 Customer-Provided Materials

Customer grants ORCA a non-exclusive license to use any materials, concepts, or information provided for the purpose of fulfilling the Order.

12. PRIVACY AND DATA PROTECTION

12.1 Privacy Compliance

ORCA collects and processes personal information in accordance with:

• British Columbia’s Personal Information Protection Act (PIPA)
• Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)
• Our Privacy Policy (available at www.orcalgs.ca/privacy)

12.2 Information Collection

We collect information necessary for:

• Processing orders and providing services
• Communicating with customers
• Improving our products and services
• Complying with legal obligations

12.3 Marketing Communications

Customer may opt out of marketing communications at any time by:

• Emailing pods@orcalgs.ca
• Following unsubscribe links in emails
• Updating communication preferences on our website

13. DISPUTE RESOLUTION

13.1 Informal Resolution

Customer agrees to first attempt to resolve disputes informally by contacting ORCA at:

• Email: pods@orcalgs.ca (Homeowners) or developer@orcalgs.ca (Developers)
• Phone: 2508712213
• Address: 2411 Cousins Avenue, Courtenay, BC V9N 3N6

13.2 Mediation

If informal resolution fails, parties agree to submit the dispute to mediation in British Columbia before pursuing litigation.

13.3 Arbitration

For disputes involving amounts over $50,000, parties may agree to binding arbitration under the rules of the British Columbia International Commercial Arbitration Centre (BCICAC).

13.4 Legal Action

Any legal action must be commenced in the courts of British Columbia, and parties submit to the exclusive jurisdiction of those courts.

14. GOVERNING LAW

These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15. FORCE MAJEURE

ORCA is not liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including:

• Natural disasters (earthquakes, floods, fires, storms)
• Pandemic or epidemic
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor strikes or disputes
• Supply chain disruptions
• Material shortages
• Utility failures
• Transportation disruptions

16. INSURANCE REQUIREMENTS

16.1 ORCA’s Insurance

ORCA maintains appropriate commercial general liability and professional liability insurance.

16.2 Customer’s Insurance

Customer is strongly advised to maintain:

• Property insurance covering Products during construction
• Builder’s risk insurance
• Liability insurance for the construction site
• Homeowner’s or commercial property insurance upon completion

ORCA is not responsible for uninsured losses.

17. ASSIGNMENT

Customer may not assign or transfer their rights or obligations under these Terms without ORCA’s prior written consent. ORCA may assign its rights to affiliates or successors.

18. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. WAIVER

ORCA’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of ORCA.

20. ENTIRE AGREEMENT

These Terms, together with any written purchase agreement, constitute the entire agreement between Customer and ORCA regarding Products and Services. They supersede all prior negotiations, discussions, and agreements, whether written or oral.

21. AMENDMENTS

ORCA reserves the right to modify these Terms at any time. Material changes will be communicated via:

• Email to customers with active orders
• Posting on our website with 30 days’ notice
• Updated “Last Updated” date

Continued use of our services after changes constitutes acceptance of revised Terms.

22. NOTICES

All notices under these Terms must be in writing and sent to:

For ORCA Solutions LGS:

• Email: pods@orcalgs.ca (Homeowners) or developer@orcalgs.ca (Developers)
• Mail: 2411 Cousins Avenue, Courtenay, BC V9N 3N6

For Customer:

• To the email or mailing address provided in the purchase agreement

Notices are deemed received:

• By email: Upon successful transmission
• By mail: Five (5) business days after mailing

23. LANGUAGE

These Terms are drafted in English. If translated, the English version prevails in case of any discrepancy.

24. CONTACT INFORMATION

For questions about these Terms and Conditions, please contact:

ORCA Solutions LGS
2411 Cousins Avenue
Courtenay, BC V9N 3N6
Canada

Email:

• Homeowners: pods@orcalgs.ca
• Developers: developer@orcalgs.ca

Website: www.orcalgs.ca

ACKNOWLEDGMENT

BY PLACING AN ORDER, MAKING A PAYMENT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions are designed to protect both ORCA Solutions LGS and our valued customers. We are committed to transparency, quality, and exceptional service in every project we undertake.

Document Version: 2.0
Last Updated: December 17, 2025
Effective Date: December 17, 2025