Legal
Terms &
Conditions
These Terms and Conditions govern all quotations, sales, services, deliveries, and installations provided by CoverIT Canada Inc.
These Terms and Conditions govern all quotations, sales, services, deliveries, and installations provided by CoverIT Canada Inc.
These Terms and Conditions (the "Terms") govern all quotations, sales, services, deliveries, and installations provided by CoverIt Canada Inc. (the "Company"). By requesting, approving, or permitting work to proceed, the customer ("Client") agrees to be bound by these Terms.
These Terms apply to all work performed by the Company and prevail over any conflicting terms proposed by the Client unless expressly agreed to in writing. Acceptance may be evidenced by written approval, electronic communication, payment, or allowing work to commence.
A deposit of 50% is due upon order, 25% prior to shipment, and 25% prior to substantial completion or demobilization, unless otherwise agreed in writing. Progress payments are due immediately upon invoicing.
Payment is a condition precedent to continued performance. The Company reserves the right to suspend or terminate work, withhold delivery, or delay installation in the event of non-payment without liability.
Overdue amounts shall accrue interest at a rate of 2% per month (24% per annum), calculated monthly, or the maximum rate permitted by law.
The Client shall be responsible for all costs of collection, including legal fees, administrative costs, and disbursements.
All pricing is based on information available at the time of quotation. Any changes in scope, materials, site conditions, engineering requirements, or external factors may result in adjustments to pricing and timelines.
No additional work shall be performed without a change order; however, where immediate action is required due to site conditions or safety concerns, the Company may proceed and bill accordingly.
The scope of work includes only those items expressly described in the quotation, invoice, or written agreement. The following are excluded unless specifically included:
Any additional work shall be subject to additional charges.
All structures are subject to manufacturer-supplied engineered drawings and final stamped plans. Final dimensions, specifications, and requirements may change due to engineering review, applicable building codes, or site-specific conditions.
The Company shall not be responsible for redesign costs or delays resulting from regulatory requirements, permitting authorities, or engineering modifications.
The Client is responsible for:
The Client shall indemnify the Company for any damages or delays resulting from inaccurate or incomplete information.
The Client shall ensure safe and adequate access for delivery and installation, including suitable ground conditions for equipment and personnel.
The Company shall not be responsible for:
Any resulting costs, delays, or repairs shall be the responsibility of the Client.
All delivery and installation dates are estimates only. The Company shall not be liable for delays caused by factors beyond its reasonable control, including but not limited to:
Delays shall not constitute a breach of contract.
Risk of loss transfers to the Client upon delivery of materials to the site, regardless of whether installation has commenced.
All materials, equipment, and components supplied by the Company shall remain the property of the Company until paid in full.
The Client grants the Company a security interest in all such materials and proceeds thereof until full payment is received. The Company reserves the right to register such interest under applicable legislation, including the Personal Property Security Act.
All materials and components are subject solely to the manufacturer's warranty. The Company makes no additional warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by law.
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of use, loss of revenue, business interruption, or project delays.
The Company shall not be responsible for damage to existing site conditions, including subsurface elements, unless expressly included in the scope of work.
In all circumstances, the total liability of the Company shall be limited to the total amount paid by the Client for the work giving rise to the claim.
The Client agrees to indemnify and hold harmless the Company from any claims, damages, losses, or expenses arising from:
The Company may terminate or suspend work upon written notice if:
The Client shall be responsible for all costs incurred up to the date of termination.
The Company shall not be liable for failure or delay in performance due to events beyond its reasonable control, including acts of God, natural disasters, strikes, pandemics, government actions, or supply shortages.
Any disputes must be submitted in writing within seven (7) days of invoice receipt. Failing such notice, the invoice shall be deemed accepted and binding.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms, together with any quotation or invoice, constitute the entire agreement between the parties and supersede all prior discussions or agreements.
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