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Signed in as:
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Standard Terms and Conditions - Updated January 1, 2025 - SPLICE PROS ELECTRIC LTD.
DEFINITIONS:
* "SPLICE PROS ELECTRIC LTD." is hereafter referred to as the "Electrical Contractor".
* The agreement for electrical services between the client (the "Client") and the Electrical Contractor is hereafter referred to as the "Contract".
* Headings are included for convenience and organizational purposes only. They do not constitute a part of the agreement and shall not be used to limit, modify, or construe the scope or intent of any provision.
STANDARD EXCLUSIONS:
* Unless otherwise agreed to in the Contract, the Client will be responsible for the following expenses:
a) Utility Fees.
b) Temporary power, lighting, and internet services.
c) Cleaning of the worksite.
d) Replacement of materials stolen or damaged offsite by third parties.
GENERAL CONDITIONS:
* The Electrical Contractor may withdraw the Contract if not accepted by the Client within 10 days of the date issued.
* The Electrical Contractor will not be held liable for errors or omissions in designs provided by others, nor for inadequacies of materials and equipment specified or supplied by others.
* Equipment and materials supplied by the Electrical Contractor are warranted only to the extent that the same are warranted by the manufacturer, unless a more comprehensive warranty is specifically included in the Contract.
* Neither the Electrical Contractor nor the Client will be held liable for damage or additional costs attributable to a Force Majeure event. This includes, but is not limited to, natural disasters, World Health Organization (WHO) declared pandemics, strikes, lockouts, civil demonstrations, military actions, or any other cause beyond the reasonable control of the Parties. Anything (verbal or written) expressed or implied elsewhere, which is contrary to these conditions, will be null and void.
WORK SCHEDULE:
* The Electrical Contractor and the Client may agree to a timeline for the Contract (the "Work Schedule").
* If no Work Schedule is agreed upon, the Electrical Contractor will create the Work Schedule at their reasonable discretion.
* The Electrical Contractor may charge additional costs, upon written notice to the Client, if the Work Schedule changes through no fault of the Electrical Contractor.
* The Electrical Contractor will perform work during normal business hours, Monday-Friday, 07:30-16:00, excluding statutory holidays (the "Working Hours").
* The Electrical Contractor and the Client may agree in writing to perform work outside of the Working Hours.
CHANGE ORDERS:
* The Electrical Contractor may charge additional costs for work required beyond what is agreed to in the Contract ("Additional Work"). The Electrical Contractor will provide written notice to the Client outlining the scope and cost of the Additional Work.
* If the Client requests Additional Work, the Client will provide written notice to the Electrical Contractor that includes the scope of the Additional Work. The Client may provide verbal notice instead if the estimated cost of the Additional Work is less than $2,500.00.
* If the Electrical Contractor determines that Additional Work is required due to unforeseen circumstances or changes in the scope of the project, they will provide written notice to the Client that includes the scope of the Additional Work prior to commencing the Additional Work. The Electrical Contractor may provide verbal notice instead if the estimated cost of the Additional Work is less than $2,500.00.
ASSIGNMENT BY THE CLIENT:
* The Client may not assign the Contract without the written consent of the Electrical Contractor.
PAYMENT TERMS:
* The Electrical Contractor will invoice the Client for completed portions of the Contract ("Invoices").
* The Client will fully pay the Invoices within 15 days of the date of receipt ("Payments").
* If Payments are not made within the specified time frame, the Client will be liable for all costs of collection, including all legal costs and disbursements on a solicitor-client basis associated with the Client's default.
* Overdue amounts are subject to an annual interest rate of 24% (2% per month), accruing from the due date of the invoice.
* Invoices are subject to applicable taxes.
* The Electrical Contractor will not accept credit card payments over $5,000.00 without prior written approval.
MATERIALS:
* The Electrical Contractor may adjust the price of materials if the market price changes by at least 5 percent between the date of the tender, the date of the Contract, and/or the date of installation, by providing written notice to the Client.
WARRANTY:
* The Electrical Contractor will provide a one-year warranty on all electrical equipment installed by the Electrical Contractor or its subcontractors ("Warranty").
* The Warranty period begins upon energization of the equipment.
* Warranty work will be performed only during the Working Hours ("Warranty Work").
* If Warranty Work is performed off Vancouver Island, the Electrical Contractor will charge for travel expenses at their discretion ("Travel Costs").
* The Client will pay the Travel Costs before the Warranty Work is performed.
* If Warranty Work is performed on Vancouver Island, it is subject to an $85.00 service fee, at the discretion of the Electrical Contractor.
* Warranty Work will not be performed on an emergency basis ("Emergency Work").
* If the Client requires Emergency Work, they may contact the Electrical Contractor's after-hours service department.
* The Electrical Contractor will perform and charge for Emergency Work at their discretion.
* The Electrical Contractor may provide Remote Login Emergency Assistance at their discretion if the Client's system is capable of being monitored and controlled remotely ("Remote Assistance").
* If Remote Assistance is not available for the Client's system, the Electrical Contractor will provide on-site service at their discretion.
CLIENT'S RESPONSIBILITY:
* The Client will indemnify and hold harmless the Electrical Contractor from and against any and all third-party claims for personal injury, death, or property damage arising out of or relating to the work performed under the Contract, except to the extent such claims are caused by the negligence or willful misconduct of the Electrical Contractor.
* The Client will not hold the Electrical Contractor liable for loss of use of the Client's property, lost profits, or production, except to the extent such losses are caused by the negligence or willful misconduct of the Electrical Contractor.
* The Client will not hold the Electrical Contractor liable for any damages arising from the Client's failure to properly maintain their systems or from circumstances beyond the control of the Electrical Contractor.
* The Client will maintain all necessary insurance policies in relation to the job site and the work performed under the Contract.
DISPUTE RESOLUTION:
* The Electrical Contractor and the Client agree to attempt to resolve any dispute arising out of or relating to this Contract through good faith negotiations. If the parties are unable to resolve the dispute through negotiation, either party may pursue any legal remedies available to it, including but not limited to the Builders Lien Act, S.B.C. 1997, c. 45.
* The Client is liable to indemnify the Electrical Contractor for all legal costs and disbursements on a solicitor-client basis associated with the Client's default under this Contract.
SIGNED CONTRACT:
* The Contract is binding on both parties whether it is signed electronically or on paper.
* The Contract is confidential and may contain privileged information. The Client agrees to keep the Contract confidential and not to disclose it to any third party without the prior written consent of the Electrical Contractor.
* All reproduction, distribution, or disclosure of this document is strictly prohibited. If you received this document in error, please contact SPLICE PROS ELECTRIC LTD. immediately and return the original document to the address mentioned in the title.
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