Terms and Conditions
Payment Terms: Comfort Plus does not offer credit sales. All invoices are due upon completion of described work. 2% per month (24% per annum) will be charged on all balances 30 days or more past due. Progress draw invoices are due upon receipt. The Contractor shall cease work on the job if any progress draw invoices are 14 or- more days past due. 2% per month (24% per annum) will be charged on all balances 30 days or more past due.
Collection Costs: The Buyer agrees to pay all costs and expenses incurred by The Contractor for the recovery or enforcement of unpaid accounts, including but not limited to, labour to repossess equipment, actual legal fees, court fees, filing fees, collection agency fees, and any costs, damages or expenses incurred with respect to any equipment that must be repossessed due to unpaid accounts, including damages to equipment due to the tampering of the Buyer or any agent of the Buyer. Any and all disputes arising out of this contract shall be interpreted under the laws of the Province of British Columbia.
Lien Rights: The Contractor hereby notifies the Buyer that persons or companies furnishing labour or materials for the construction on Buyer's land may have lien rights on Buyer's land or buildings if not paid as stated under the Builders Lien Act.
Warranties & Limitations on Warranties: The Contractor warrants that all work performed will be completed in a professional manner and said work shall be free from defects in workmanship for a period of twelve (12) months from the date said work was performed unless otherwise stated on front of contract. Only the manufacturer's warranty is provided on any parts or materials provided in connection with the work. The Contractor's obligation for defective remedy shall be limited to the replacement of any defective parts or workmanship and shall be conditioned upon The Contractor receiving actual written notice of said defects within the aforementioned labour warranty period. The foregoing warranties are exclusive and in lieu of all other express or implied warranties including, but not limited to implied warranties of merchantability and fitness for a particular purpose. Failure of the Buyer to properly annually maintain equipment specified by this agreement, including but not limited to, frequent filter changes will result in the voiding of the above warranties. Should written notice of defects be received within the labour warranty period, Buyer agrees to allow The Contractor access to replace defective parts or workmanship. If equipment repossession is necessary, Buyer agrees to reimburse The Contractor for any and all damages to unpaid merchandise tampered with by either the Buyer or any agent of the Buyer.
Limitation of Liability: Buyer agrees that The Contractor shall in no way be liable for damages to Buyer's property, including but not limited to : floors, carpets, drywall, moldings or any other property on installation site cause during installation of equipment. It is the Buyer's responsibility to protect any property, fixed or movable, that may potentially be damaged during the course of The Contractor's services.
Buyer's Right to Cancel: Buyer may cancel this installation contracts by providing written notice to the aforementioned business address of The Contractor. The Buyer agrees to pay all extra costs and expenses incurred by The Contractor that are associated with the cancellation, alteration or suspension of the terms of this agreement.
Special Concerns: Agreements are contingent upon removal of any hazardous agent, including but not limited to, asbestos. If any abatement contractor is used, the Buyer is responsible for choosing, scheduling and paying said contractor. If The Contractor encounters hazardous conditions, including but not limited to asbestos, The Contractor has the right to stop work until the condition is resolved. The contractor does not replace or repair drywall and or paint any surface altered during the course of an installation. If a drywall or paint contractor is used, the Buyer is responsible for choosing, scheduling and paying said contractor.
