Terms of Service
THESE TERMS & CONDITIONS OF SERVICE (THESE “TERMS”) APPLY TO ANY WORK PERFORMED AND MATERIALS SUPPLIED BY LIBERTY VILLAGE PLUMBING INC. (“CONTRACTOR”) AND ARE INCORPORATED INTO THE ESTIMATE/INVOICE (THE “SALES CONFIRMATION”) PROVIDED TO YOU (“CUSTOMER”) AND SHALL GOVERN UNLESS EXPRESSLY MODIFIED OR EXCLUDED IN WRITING BY BOTH PARTIES. UPON CUSTOMER ACTIVELY ACKNOWLEDGING THE SALES CONFIRMATION AND THESE TERMS (IE. BY SIGNATURE UPON SALES CONFIRMATION, BY CLICKING ‘ACCEPT’ BUTTON ON INTAKE FORMS, ETC.), THE SALES CONFIRMATION, TOGETHER WITH THESE TERMS, FORM A BINDING CONTRACT BETWEEN CONTRACTOR AND CUSTOMER.
1. Applicability. The Sales Confirmation to which these Terms apply, and into which these Terms are hereby incorporated, is issued subject to the express condition that it may be accepted only on the terms and conditions contained herein. Acceptance of a Sales Confirmation, by the signature of Customer, electronic or otherwise, constitutes express acceptance of these Terms. The Sales Confirmation and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior understandings, negotiations, representations and communications.
2. Estimates. An Estimate is valid for 30 days from the time made by Contractor. Estimates may not include the cost of parts.
3. Scope of Work. Contractor shall carry out and complete the plumbing work described in a Sales Confirmation (the “Services”) in a good and workmanlike manner, in accordance with generally recognized industry standards for similar services, and shall devote adequate resources to meet its obligations under this Agreement. Notwithstanding anything to the contrary contained in this Agreement, Contractor may, from time to time change the Services without the consent of Customer provided that such additional work does not constitute a Material Change. “Material Change” means additional services that materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Sales Confirmation. Upon attendance at Customer’s Premises, Contractor shall have the right to refuse to provide Services to the extent that (a) Customer made material misrepresentations leading up to the provision of the applicable Sales Confirmation by Contractor, or (b) Customer, or any individual situated upon Customer’s premises, exhibits violent, threatening or otherwise inappropriate behavior; both at the sole and absolute discretion of Contractor.
4. Material Changes. Contractor shall have no obligation to execute any additional work, that constitute a Material Change, unless otherwise agreed to, in writing, between the parties, provided that to the extent that, while Contractor is on site, Contractor determines that Material Changes are required, Contractor shall communicate such requirements to Customer. Contractor shall allow a 30 minute window for approval of Material Changes by Customer, failing which any such Material Changes shall not be conducted at such time. A record of attempts by Contractor to communicate the requirement for Material Changes with Customer shall be recorded and made available to Customer upon written request for same. Should a follow up appointment be required to complete Material Changes, an additional Service Zone Fee (as hereinafter defined) may be applied, at the sole and absolute discretion of Contractor. Customer shall have the right to appoint, in writing, a tenant that occupies Customer’s premises, or any other person, as the agent for Customer in providing authority for Material Changes, or for any other reason, and any such appointment shall be binding upon Customer.
5. Service Zone Fee. Upon execution of an applicable Sales Confirmation, Customer shall immediately pay a deposit to Contractor equal to the service zone fee, together with applicable taxes, set out in the applicable Sales Confirmation (each, a “Service Zone Fee”). The Service Zone Fee schedule shall be made available to Customer by Contractor upon request within a reasonable amount of time following such request. Upon attendance by Contractor at the site for which Services have been contracted by Customer within the time periods set out in this Agreement, the Service Zone Fee shall become non-refundable.
6. Delivery. Contractor shall use reasonable efforts to meet performance dates and appointment times to render the Services specified in an applicable Sales Confirmation. Customer shall (a) cooperate with Contractor in all matters relating to the Services and provide such access to Customer’s premises as may reasonably be requested by Contractor, at the scheduled appointment times, for the purposes of performing the Services; and (b) respond promptly to any Contractor request to provide direction, information, approvals of Material Changes or otherwise, authorizations or decisions that are reasonably necessary for Contractor to perform the Services in accordance with the requirements of this Agreement. In the event of Contractor’s failure to attend at Customer’s premises within 30 minutes of a scheduled appointment, a new appointment shall be arranged with Customer at no additional cost. Alternatively, should Customer choose to cancel this Agreement in accordance with Section 9, a full refund of the applicable Service Zone Fee shall be paid to Customer. Should Customer, for any reason, not be available or onsite to give Contractor access to Customer’s premises within 30 minutes of a scheduled appointment, the applicable Service Zone Fee shall not be reimbursed and Contractor shall depart without completing any of the Services.
7. Fees and Expenses. Customer shall pay to Contractor the amount set out in an Invoice, as amended pursuant to Section 3 of this Agreement, together with applicable taxes (less applicable Service Zone Fees) and Expenses (as hereinafter defined), upon electronic receipt of the Invoice, provided that Contractor shall not provide an Invoice until completion of the Services described in the Invoice and any Material Changes to same, unless otherwise agreed to, in writing, between the parties. “Expenses” includes all parking fees, in excess of $10.00, incurred by Contractor during the provision of Services.
8. Payment. Payment is due within 7 calendar days of receipt of an Invoice. Payment may be made by e-transfer or credit card, provided that Customer may make payment by other means, if agreed to, in writing, between the parties. If Customer fails to make payment during such period, the past due balance shall accrue interest at the rate of 5% per month, calculated daily. Customer shall reimburse Contractor for all costs incurred in collecting any late payments, including, without limitation, legal fees on a full indemnity basis. In addition to all other remedies available under these Terms or at law (which Contractor does not waive by the exercise of any rights hereunder), Contractor shall be entitled to suspend the delivery of any Services if Customer fails to pay any amounts when due hereunder and such failure continues for 3 business days following written notice thereof.
9. Cancellation Policy. Notice of cancellation of an accepted Estimate by Customer shall be given no later than 6:00 p.m. on the business day (the “Cut-Off Time”) prior to the first scheduled appointment specified in the Estimate. Cancellations may be made by email to firstname.lastname@example.org. If cancelled prior to the Cut-Off Time, the applicable Service Zone Fee will be refunded by Contractor. In the event that a cancellation is made after the Cut-Off Time the applicable Service Zone Fee will not be refunded.
10. Limited Warranty. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 3, CONTRACTOR PROVIDES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CONTRACTOR’S SOLE RESPONSIBILITY FOR ANY BREACH OF WARRANTY SHALL BE, AT ITS DISCRETION, TO REPAIR, REPLACE OR TO ISSUE A REFUND.
11. Limitation of Liability. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY CUSTOMER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
PURPOSE. IN NO EVENT SHALL CONTRACTOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO CONTRACTOR FOR THE SERVICES PROVIDED HEREUNDER.
12. Confidential Information. All non-public, confidential or proprietary information of Contractor, including but not limited to, pricing, discounts or rebates, disclosed by Contractor to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Contractor in writing. This provision shall survive the termination or expiry of this Agreement.
13. Force Majeure. Contractor shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Contractor, provided that, if the event in question continues for a continuous period in excess of 7 days, Customer shall be entitled to give notice in writing to Contractor to terminate this Agreement, and shall be entitled to a refund for (a) Services that have not been rendered by Contractor, and (b) the applicable Service Zone Fee if Contractor has not attended at Customer’s premises.
14. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
15. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
16. Amendment and Modification. Unless otherwise provided herein, these Terms may only be amended or modified in a writing stating specifically that it amends these Terms and is signed by both parties.