- Scope of Terms and Conditions. The Terms and Conditions of product sales and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging World of Comfort Ltd. (“Seller”) to provide product(s) or perform or produce any services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Seller have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either “Terms and Conditions” or the “Agreement.” Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or engaging Seller to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Seller’s Site at the time Customer signs the Installation Proposal will govern, unless otherwise agreed in writing by Seller and Customer.
- Title. The title and right to possession of equipment and material sold by World of Comfort Ltd. shall remain with World of Comfort Ltd. until all payments hereunder have been made in full and the Customer agrees to take the necessary steps to protect and maintain such right and title for World of Comfort Ltd. until payments is made.
- Payment Terms. Customer shall pay Seller according to the terms contained in the Quote/Estimate. Final payment shall be due after the work described in the Quote/Estimate is substantially completed or as defined within the Quote/Estimate. A 20% downpayment or as defined by the Seller, and/or progress draws will be outlined within the Quote/Estimate. Progress draws, unless defined otherwise in the Quote/Estimate, will be made when a job is greater than three (3) days and/or $10,000.00. Progress draws will be defined in the Quote/Estimate by the Seller. Where equipment requires payment in full by the Seller’s vendor, 75% of the cost of the equipment will be required as a downpayment over and above the agreed upon defined downpayment.
- Zoning and Permits. Customer agrees to timely furnish all information necessary to secure plans and permits for the work called for under this Agreement, and Customer warrants the work contracted for to be in compliance with applicable zoning, classification and building codes. Any costs for work not in the Quote/Estimate but required by lawful authorities to bring the work into compliance with applicable code shall be the responsibility of the Customer. Seller assumes no responsibility for violation of zoning rules/laws.
- Change Orders. During the progress of the work under the Agreement, if the Customer should order extra work out-of-scope or not specified in the Agreement, Seller may require such extra work to be considered an agreement separate and aside from this Agreement and may require sign-off and payment for said extra work in advance. Further, due to issues beyond the Seller’s control, i.e., market volatility, tariffs, manufacturer’s changes etc., pricing and timelines may be affected. The Seller may be required to adjust accordingly and may be required to draw up another Agreement outlining the necessary changes. Customer will be notified as required.
- Work Schedule and Delivery. Work shall be completed within a reasonable time. Date shown above is also subject to change for reasons beyond our control. Performance of the Agreement is subject to labour strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Seller’s ability to obtain materials, and/or any cause beyond Seller’s control. The Seller shall not be liable for consequential damages resulting from our failure to meet the above delivery date for the above or any other causes.
- Substitutions. Should Seller be unable to obtain any material(s) specified in the Agreement or any Change Order, Seller shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the contract price.
- Excess Materials. Extra materials left over upon completion shall be deemed Seller’s property, and Seller may enter upon the Property’s premises to remove excess material(s) at all reasonable hours.
- Supervision Responsibility. Seller shall supervise and direct the work at Customer’s property, using reasonable skill and attention. Seller shall be solely responsible for the construction means, methods, technique, sequences, and procedures for all work performed at Customer’s property pursuant to the Agreement. Customer shall not interfere with Seller’s work forces or Seller’s subcontractors.
- Limited Warranty. Seller shall provide Customer with a limited warranty on service and labour for the duration set forth in the installation Agreement, beginning on the date of completion of services against defects in the quality of workmanship and/or materials (“Warranty Period”). Seller shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures; (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, or expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. Customer agrees to maintain yearly service agreements with Seller for the entire duration of the Warranty Period to ensure manufacturer’s warranty; Seller shall not be liable for warranty repairs during the Warranty Period in the absence of such yearly service agreement(s). If applicable, Customer is responsible for paying equipment manufacturer for any transfer of equipment warranty. Seller is not responsible for any warranties provided by the manufacturer. Seller makes no warranty to Customer regarding materials and/or equipment installed (other than a warranty of title), and Seller authorizes no third person or party to assume any warranty obligation or liability on Seller’s behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer that shall furnish to Customer any and all applicable warranty documents. Seller hereby assigns to Customer, without recourse, any applicable warranties extended to Seller. Such assignment shall constitute Seller’s sole obligation and Customer’s sole exclusive remedy from Seller with regard to defective materials and/or equipment installed. This limited warranty is in lieu of all other warranties, statutory or otherwise, express or implied, all representations made by Seller, and all other obligations or liabilities respective of the Services provided at the Property. Seller disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, implied warranty of habitability, implied warranty of fitness for a particular purpose or use, and/or implied warranty of merchantability. Under no circumstances shall Seller be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs or attempted repairs shall void this warranty entirely.
- Design Conditions. All equipment is based on government approved systems as defined by Federal, Provincial and/or Municipal requirements and installed based on manufacturer’s specifications. Seller is not responsible for cooling/heating beyond the manufacturer’s specifications for excessive temperatures, high humidity levels, system reaching dew point, ductwork sweating/producing condensate due to home infiltration rates or any other reason. R-values, structural tightness, ductwork conditions, home infiltration, leakage of ductwork, building materials and any other factor in the load calculation will be determined by the information the Customer provides to Seller upon initial consultation, Seller is not responsible for any problems incurred due to incorrect information provided by Customer at the time of consultation and load calculation. If Customer does not provide Seller with required information, Seller shall size the new HVAC system based on the size of the existing HVAC system. As such, Seller shall not be responsible for problems caused by over sizing (including without limitation short cycling, humidity control, and mold growth) or under sizing (including without limitation inability to heat or cool based on manufacturer’s specifications).
- Performance or Condition of Existing Equipment. Seller is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.
- Existing Line Set. Seller is not responsible for any problems with heating or cooling due to the existing line set, which may require repair and replacement for an additional cost to the Customer in the event Seller is unable to pull a 500 micron vacuum on an existing line set. Should Customer reject Seller’s recommendation to replace an existing line set, Seller’s limited warranty is voided.
- Existing Gas Pipe. Seller is not responsible for the condition of any existing gas pipe that is not readily accessible. Customer is responsible for any additional costs incurred if pressure testing is required to identify leaks and necessary repairs.
- Paint, Patchwork, and Repairs. Seller is not responsible for any painting, patchwork, or repair work that may be required following modification/installation work.
- Personal Property. Seller is not responsible for damage to Customer’s personal property left in or near the project area.
- Existing Attic Access Stairs. In the event Customer’s existing stairs cannot be safely utilized for the removal and installation of equipment, an alternate method or access may be required. Seller is not responsible for (a) the replacement or repair of attic steps or stairs that must be removed to complete removal or installation work; and/or (b) any property damage resulting from the removal of the attic steps or stairs.
- Mold. Seller shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold. The discovery and/or removal or any mold or any hazardous materials is excluded from the scope of Seller’s work, and Seller reserves the right to stop work until such mold or hazardous materials are removed.
- Disposal. Seller will dispose of all recyclable materials and discretionary waste at customer site where possible. All recyclable materials and discretionary waste will be properly disposed of in accordance with municipality. Customer agrees to disposal when Customer warrants work to be contracted. All other materials will be taken by the seller to dispose of as necessary.
- Insurance and Waiver of Subrogation. Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall inure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and Seller waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto.
- Indemnification. Customer shall indemnify, defend, and hold harmless Seller and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney’s fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Seller; and (b) any failure of the Customer to comply with the requirements of the Agreement.
- Risk of Loss. Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property. Seller shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to Customer’s Property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.
- Severability. Should any part of the Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.
- Performance. If Customer fails to perform any of Customer’s obligations herein or if Seller, in good faith, believes that the prospect of payment or performance to be impaired, Seller may upon seven (7) days written notice to Customer terminate the Agreement while retaining all mechanic’s lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys’ fees, and other charges due and unpaid.
- Collections. If amounts owing under the Agreement are not paid within thirty (30) days, Customer agrees to pay a late charge on any outstanding balance at two per cent (2%) per month or twenty-six point eight two (26.82%) per annum on the unpaid amount calculated from the date payment was due. Customer will be deemed to have accepted Seller’s performance as complete under this Agreement unless Customer notified Seller in writing otherwise within thirty (30) days of substantial completion. Should Seller retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owing, Customer agrees to pay Seller’s costs associated therewith including without limitation reasonable attorneys’ fees, court costs, and interest at the maximum legal rate. In addition to assistance of a third party to assist with collections, warranty and registration of any equipment will not be completed until any outstanding balance has been paid. This includes any outstanding payment due to the utilization of a third party required for collections. If not completed within the manufacturer’s specified time limit, the manufacturer reserves the right to reject the registration, and the equipment may not be eligible for warranty if any issues occur. The Seller is not responsible nor will be held responsible for the manufacturer’s warranties.
- Entire Agreement. The Agreement constitutes the entire agreement between Customer and Seller. It is understood that this proposal sets forth our entire agreement. No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties. Prices herein quoted are guaranteed by World of Comfort Ltd. for thirty (30) days from date of this Quote/Estimate. Thereafter, any cost increases subsequent to the date of this proposal will be added to the prices quoted herein. All work is to be performed during our regular work hours unless otherwise specified. This Quote/Estimate will become a contract between the Seller and the Customer. A deposit of 20% with a progress draw to completion is required unless otherwise stated.
- Right to Cancel. You, the Customer(s), may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.
- Your Consent Regarding Information. You consent to our collection of your credit, financial and related personal information, and to the exchange of this information between us, credit bureaus, financial institutions, our subsidiaries and affiliates and other persons with whom you have had or may have financial dealings, and to our use of this information for the purposes of: verifying and evaluating your creditworthiness and other information you provide to us in connection with your account (including verifying your identity for regulatory compliance purposes); establishing, servicing and collecting on your account; providing the products and services you request; providing credit references; communicating with you for these purposes; and meeting legal, regulatory, audit, processing and security purposes, and as otherwise permitted or required by law. In addition to the purposes above, we and our affiliates assume that you consent to our use of your contact information to provide you with occasional information about other products and services offered by us or our affiliates. However, you may refuse consent for this purpose by contacting us within ten (10) days after you receive a copy of your bill, at 416-598-4115.
- Signatory. Signature of Customer approving and accepting the Quote/Estimate is indicative of understanding and acceptance of the Terms and Conditions and the Agreement as part of the Quote/Estimate.
- Changes to Terms and Conditions. We reserve the right to change, modify, suspend or discontinue the terms of the agreement at any time at our sole discretion. Any changes will be effective immediately and without notice or liability. Customer understands and agrees that the Terms and Conditions contained herein are subject to change. Rights are reserved to correct stenographic errors.
World Of ComfortThe "Indoor Climate Specialists"