STRONGPRO PLUMBING INC. – TERMS AND CONDITIONS OF SERVICE
Terms and Conditions of Service ("Terms") from StrongPro Plumbing Inc. ("US", "WE", "OUR", "STRONGPRO", "STRONGPRO PLUMBING"). YOU ("YOUR", "YOURSELF", the "CLIENT") must agree to the following terms and conditions if you would like to retain our service(s). You understand that service may not be rendered until such time as you have agreed to the terms and conditions set herein. StrongPro Plumbing is providing the services as shall be detailed in the quotation and/or invoice to the Client, as applicable, on the following terms.
GENERAL
These Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages herein. The information, material and content provided in the pages of the Terms may be changed at any time and without notice. StrongPro Plumbing reserves the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. If terms are altered and the Client does not agree to the new terms the Client may terminate service agreement after payment of any unpaid and due fees of work completed prior to termination. You agree to review the terms regularly and your continued access or use of our service will mean that you agree to any changes.
LIMITATIONS
StrongPro Plumbing are not liable for any services or work not explicitly outlined within the listed services within the quotation or estimate. StrongPro Plumbing is not responsible for the reinstatement of any holes that have been created for the access to walls, ceilings, and flooring.
DISCLAIMER
The use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
PAYMENT
All payments made by the Client are to be made exclusively in Canadian currency unless otherwise agreed prior to commencement of work. The Client agrees that full (100%) payment is due and payable immediately upon completion of work. The Client irrevocably accepts and agrees to be liable for the cost of the services to be performed, as such are detailed in the quotation(s) and/or invoice(s) agreed to by the Client. The Client accepts and agrees that invoices from the Company for services performed are due upon receipt unless alternate payment arrangements are specifically agreed to between the parties in writing. The Client accepts that where payment is not received by the Company at latest seven (7) days of the delivery of the invoice to the Client, the Company shall be at liberty to take steps that it feels are necessary to facilitate the recovery of the amounts due to it by the Client and the Client irrevocably accepts that the Client shall be liable for all costs incurred by the Company in seeking to recover the delinquent payment. The Client accepts that all reasonable disbursements, taxes, fees, and other amounts incurred by the Company in seeking to recover the amounts owing by the Client shall be chargeable and recoverable from the Client.
NON-SUFFICIENT FUNDS OR STOP PAYMENTS
In the event that a payment made by cheque or other means is returned due to insufficient funds or is otherwise stopped by the Client, the Client agrees to pay StrongPro Plumbing a fee of $100.00 CDN for each failed transaction, in addition to the outstanding invoice amount. All fees and invoice balances must be paid in full before work will resume.
SERVICES
The services to be performed by StrongPro Plumbing are only those as identified in the quotation and/or invoice produced. If additional work is requested by the Client, StrongPro Plumbing shall issue an updated quotation to capture the additional work.
COMMENCEMENT OF WORK
The Client shall contact StrongPro Plumbing to set a date for the work to commence as soon as possible after acceptance. StrongPro Plumbing shall not be responsible in any way for delays outside the control of StrongPro Plumbing.
SITE PREPARATION
If directions are given verbally or in writing without markings, the property owner and/or contractor is fully responsible for the accuracy of these directions.
SITE RESTORATION
StrongPro Plumbing is not responsible for the reinstatement of any openings made for access to walls, ceilings, or floors.
TERMINATION
StrongPro Plumbing retains the right to terminate or suspend access to services immediately, without prior notice or liability, for any reason whatsoever, including without limitation the client breaches the Terms as outlined. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
ERRORS OR OMISSIONS
Any errors or omissions in an estimate, quote or invoice, whether by omission of the owner or StrongPro Plumbing, will not hold StrongPro Plumbing liable for the completion or related cost of said error or omission. Please advise us immediately if there is anything missing from the estimate or quote that you feel should be included or was missed. If the Client does not reasonably advise StrongPro Plumbing of any required changes to the quotation prior to the commencement of work or any reasonable notice period, then StrongPro Plumbing reserves the right to exclude said services not included in quotation or estimate.
EXTRA CHARGES
Any changes to the scope of work on the estimate/quote/invoice must be in writing, either written or electronic, and changes must be agreed to by both parties. All changes are considered an extra and will incur a charge that is over and above any work stated in this estimate/quote/invoice. Depending on the extent of the extra, a deposit may be required. All extra costs will become due immediately upon completion of said extra.
LIMITATIONS OF LIABILITY
StrongPro Plumbing is not responsible for any pre-existing conditions that may be discovered during the course of work. The Client agrees to indemnify and hold StrongPro Plumbing harmless for any damages or defects found in the plumbing systems that are not directly caused by the work completed under the terms of this agreement.
WORKMANSHIP WARRANTY
StrongPro Plumbing warrants that all services performed will be completed in a good and workmanlike manner. The warranty period for workmanship shall be thirty (30) days from the date of completion of the services. This warranty does not extend to materials supplied by the Client or to any defects in such materials. Defects in materials are covered by the manufacturer's warranty, and any issues with defective materials must be addressed directly with the manufacturer. Should any person or entity other than StrongPro Plumbing modify or alter the work performed, this warranty will be void and the Client will be held liable for any additional charges or services rendered.
WORKPLACE SAFETY
The Client agrees to provide a safe working environment for all employees, agents, and contractors of StrongPro Plumbing, in compliance with applicable laws and regulations, including but not limited to the Occupational Health and Safety Act of Ontario ("OHSA"). The Client must ensure that the work site is free from any hazards that could compromise the health or safety of StrongPro Plumbing personnel. In the event that the job site is deemed unsafe, StrongPro Plumbing reserves the right to delay or suspend services until the site meets safety requirements. The Client agrees to promptly inform StrongPro Plumbing prior to the commencement of work if any individual present at the premises has an infectious illness, is awaiting test results for an infectious illness, or exhibits symptoms associated with such an illness. In the event that any of these conditions are disclosed, StrongPro Plumbing reserves the right to defer the commencement of work until the situation has been appropriately resolved. The Client acknowledges their obligation to ensure a safe working environment for StrongPro Plumbing's employees, agents, or contractors. Furthermore, the Client agrees to properly monitor and control any pets or animals on the premises and accepts full responsibility for any injury or damage caused by the pets or animals to StrongPro Plumbing personnel or property. The Client also assumes full responsibility for the safety and well-being of their pets or animals while StrongPro Plumbing is conducting work on the premises.
DISPUTE RESOLUTION
In the event of a dispute arising from the services provided under this agreement, both parties agree to first attempt to resolve the matter amicably through negotiation. If the dispute cannot be resolved through direct negotiation, the parties agree to submit the matter to arbitration in accordance with the arbitration laws of the Province of Ontario, with each party bearing its own costs for the arbitration process. Litigation in a court of law shall be a last resort.
FORCE MAJEURE
StrongPro Plumbing shall not be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, labor disputes, supply chain disruptions, material shortages, pandemics, governmental restrictions, natural disasters, or any other unforeseen events. If any such event prevents or delays the completion of the work, StrongPro Plumbing will notify the Client as soon as possible and the time for completion of the work shall be extended accordingly.
MATERIAL AVAILABILITY
StrongPro Plumbing will make every effort to ensure timely procurement of all necessary materials. However, in the event of material shortages, delays, or price fluctuations beyond the control of StrongPro Plumbing, the Client acknowledges that this may impact the project schedule and costs. If such issues arise, StrongPro Plumbing will inform the Client immediately, and any additional costs or extended timelines will be addressed through an updated estimate or change order.
ENTIRE AGREEMENT
The terms outlined, along with any quotations and invoices, constitute the entire agreement. No other representations alter these written terms.
ACCEPTANCE
Our estimates are considered accepted when either a deposit is paid or payment (whether in full or in part) is received, when a purchase order is received by StrongPro Plumbing or when written confirmation or acceptance is received either by electronic or other suitable means. Upon acceptance our estimate becomes a contract.
Last updated: 2/4/2025