1. Both sides of this document together constitute the entire contract between the Seller and the Purchaser ( the “Parties” or individually a “Party”) and no other terms, promises, understandings, amendments or agreements between the Parties whether oral or written except as may be set out in writing and signed by both Parties shall have the effect of modifying this contract (“agreement”). In this contract Purchaser also means “Owner” and means the customer to whom the equipment is to be provided and Real Property means the location where the equipment is to be installed. The Owner represent and warrants to the Seller that the Owner is the owner of the Real Property where the equipment is to be installed or is the authorized agent of all of the owners of such Real Property and that the Real Property is insured against risk from fire.
2. At any time prior to the commencement of the supply of equipment at the Real Property the Seller shall have the right to terminate this contract at its sole discretion upon notifying the Owner in writing and refunding any deposit by cheque whereupon this contract shall be terminated and neither Party shall have any further liability to the other and shall be released from any claims by the other. In the event that the Purchaser shall terminate or cancel this contract other than as may be permitted hereby or by applicable law then the full balance of this Price shall immediately become due and payable to the Seller.
3. Unless otherwise noted in writing in this contract, all equipment is to be new and all services are to be performed in a good and workmanlike manner to the standard of the industry. With respect to the equipment the Owner accepts the warranty of the equipment manufacturer as the sole warranty applicable thereto in fulfillment of all implied warranties under the Sale of Goods Act of Ontario. With respect to installation the Seller agrees to supplement the equipment Manufacturer’s warranty by providing labour at no charge during the first 12 months following substantial completion of the installation subject to the same exclusions as applicable to the equipment Manufacturer’s warranty other than with respect to labour changes. The said labour warranty may be extended for up to a further 4 years from the date of expiry of the first 12 labour warranty only if, in respect of each of the further 4 years, the Purchaser contracts with and pays the Seller to provide an annual preventative maintenance service of the equipment at the Seller’s then current changes for such service.
4. The Seller shall use all reasonable commercial efforts to meet anticipated installation dates but shall not be held responsible and shall be released from any claims for damages whether direct, indirect or consequential, for any delays beyond the Seller’s commercially reasonable control including but not limited to acts of God, war, fire, strikes or lockouts, weather, accidents or shortages of labour, goods or materials. In no event shall the Seller be responsible for any direct, indirect or consequential damages as a result of the supply and installation of the equipment other than the requirement to provide warranty labour as set out in paragraph 3 and is hereby released by the Owner from the same and the Owner agrees to indemnify and save harmless the Seller from any claims by third parties in connection therewith. Any amounts not paid when due shall bear simple interest at 12% per annum until payment in full. Time shall be of the essence of this contract. Should any term or provision of this contract be held to be invalid the remainder of this contract shall remain in full force and effect. In this section Seller includes the Seller’s officers, directors, employees and agents.
5. Unless otherwise noted in writing, in this contract the Price is subject to all applicable taxes such as but not limited to Harmonized Sales Tax (HST) and is based on standard removal of old equipment and installation of new goods but unless specified excludes the removal of any oil or oil tank, the installation or substantial relocation of any gas service or line, the installation or removal of any chimney liner and any excavation. Hidden defects or structural weaknesses in the Real Property not readily visible on a non-destructive inspection by the Seller that require additional goods and/or services shall result in a reasonable increase to the Price to be paid by the Owner with such increase to be agreed upon by the Parties or to be determined on the basis of Seller’s cost plus extra value given and received. In all cases unless otherwise noted in writing and signed by the Parties it shall be the Owner’s responsibility to obtain and pay for any required permit.
Your Rights under the Consumer Protection Act, 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period.
if the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.
If the delivery date or commencement date is not specified in this agreement and the supplier dose not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after 30-day period has expired, you agree to accept delivery or authorize commencement of performance.
In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in this agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Canada or the Government of Ontario or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund the amount equal to the trade-in allowance).
However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier. Except goods that can be repossessed by or returned to the supplier. If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address, or allow one of the following persons to repossess the goods at your address:
· The supplier.
· A person designated in writing by the supplier.
If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens:
· The supplier repossesses the goods.
· The supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled.
· You return the goods.
· The supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instructions.