Mackenzie View Plumbing and Gas conducts business under the terms covered in these Terms of Trade.

By engaging works with us you are agreeing to the terms set out in the Terms of Trade.

If the customer requires any changes to these terms they should be discussed and agreed upon prior to the engagement of works.

We reserve the right to review these terms at any time, if there are changes to the terms they will take effect at the time that the customer is notified of the change.

These terms and any contract agreement to which they apply shall be governed by the laws of British Columbia and are subject to the jurisdiction of the courts of British Columbia.

 

Estimates

Estimates are an approximation of costs based on the scope of works provided. Estimates are valid for 15 days. Bid remains open and is subject to change in price as supplier pricing increases and markets fluctuate.

 

Fixture Allowances

Fixture allowances are made in accordance with quality product pricing. Customer selections exceeding these allowances will be passed onto the customer.

 

Variations

Variations including the addition or omission to the scope of works, alterations to design, quantities, quality, working conditions or sequence of work are to be billed out at time ($95/hr tradesman, $50/hr labourer) and material.

 

Close Bid

To lock in a quote (close bid) upfront payment of 50% of the total estimate is required within the 15 day period.

 

Supply

We accept no liability for delays due to material supply issues.

If goods supplied by the customer are deemed unsuitable for installation we reserve the right to suspend work until appropriate goods are sourced.

 

Timeframes

We will use reasonable endeavour to deliver works in a timely manner. Any indicated time frames are subject to change.

 

Project Notice

A minimum of 2 weeks notice is required to commence new projects to allow for lead times on gear orders and scheduling.

 

Access

The customer will provide full, free, unimpeded access to all areas required to carry out works and ensure that the worksite is safe and secure. If the worksite is deemed unsafe we reserve the right to suspend work until the site is made safe.

 

Services

Prior to the work commencing the customer must disclose, clearly identify and mark the precise location of all hidden services and other hazards. We will not be liable for damage to any hidden services not precisely marked.

 

Plans

We rely in the accuracy of plans, specifications and other information provided by the customer. It is the customer's responsibility to verify the accuracy of the measurements and quantities before goods are ordered or installation is made based on this information.

 

Liability

We will not be liable for any unknown, unforeseen, or pre-existing problems with existing plumbing systems.

The customer warrants that structures, premises and equipment that goods are to be installed or erected on is sound and will sustain the installation and incidental work. We will not be held liable should the premise or equipment be unable to accommodate installation.

Notwithstanding any other clause in these terms, we are not under any circumstances liable in any way, whether under contract, in tort, under statute or otherwise, for any loss of profits, loss of revenue, loss of business, loss of contracts, or for any indirect, special, consequential or economic loss, damage or injury. Subject to this, to the extent not prohibited by law, we are only liable for direct loss or damage suffered by the customer and caused by our negligence provided that our maximum liability in relation to any event or series of related events is limited to $3,000,000 or the purchase price of the goods/work in respect of which such liability arises, whichever is the lesser amount.

We are not liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, pandemic, epidemic, fire, flood, drought, storm or other event beyond our reasonable control.

 

Warranty

New homes built in BC are protected by home warranty insurance, as set out by the Homeowner Protection Act of BC, providing 2 years’ coverage for defects in material and labour for major systems including heating and plumbing.

Customers are required to immediately notify us in the case of any alleged defect, damage or failure to meet the agreed scope of works and provide opportunity to inspect within a reasonable timeframe.

Defective goods supplied by us may be either replaced or repaired at our discretion.

Warranty on goods will not cover defects or damage caused by:

1. failure by the customer to properly maintain any goods;

2. failure by the customer to follow guidelines or instructions provided;

3. the use of goods for applications other than the intended use;

4. the continued use of goods after defect becomes apparent to a reasonably prudent operator.

We will not be liable under any terms of the warranty if workmanship is repaired, altered or overhauled without our consent.

For goods not manufactured by us, the warranty shall be the current warranty provided by the manufacturer of the goods.

Any goods supplied by the customer will not be covered by our warranty.

No warranty shall be enforceable whilst money is owing to us.

 

Excavation

We will excavate for agreed work under normal conditions. However we cannot guarantee the conditions of your soil and any rocks or debris in excess of 1 foot in diameter requiring excavation will be at our discretion and in addition to scheduled charges at an agreed rate based on the nature of the excavation required.

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Billing Terms

Progress claims can be issued reflecting a reasonable value of completed works and/or the value of any goods delivered to the worksite whether installed or not.

Payment is due in 15 days after the invoice date.

Late fee charges apply for unpaid invoices at 3 percent interest per month.

If the customer defaults in payment of any invoice when due the customer is responsible for the cost and disbursements incurred in pursuing debt including legal fees and debt collection costs.

 

Event of Default

The customer will be in default of these terms if any one or more of the following events occurs (“Event of Default”):

1. any money payable to us becomes overdue, or in our opinion the customer is unable to meet its payments as they fall due;

2. if the ownership or effective control of the customer is transferred or the nature of the customer's business is materially altered without prior notice in writing to us;

3. any permit or government authority or licence required to carry on the customer's business is either cancelled or revoked;

4. the customer neglects or fails to carry on its business to our reasonable satisfaction, or if there is a significant deterioration in the customer’s trading or asset position;

5. in our opinion the customer has committed or will commit an act of bankruptcy, the customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors;

6. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the customer or any asset of the customer;

7. the customer is otherwise in breach of its obligations under these terms.

If there is an Event of Default, in addition to any other rights and remedies at law we may have (and without any liability to the customer for any loss or damage), we may take one or more of the following actions:

1. Suspend or terminate the provisions of goods/work;

2. charge default interest;

3. require the immediate payment by the customer of all monies owing by the customer to us;

4. enter on to the worksite or customers premises and repossess any goods which have not been paid for in full;

5. immediately terminate these terms or any other arrangement with the customer without notice.

 

Confidentiality

All non-public information and material shall not be published, released, disclosed by the customer without our prior consent, this confidential information includes our intellectual property and prices.

 

General

We may license or sub-contract all or any part of our rights and obligations without the customer’s consent.

Failure to enforce any of these terms shall not be treated as a waiver of that term, nor shall it affect our right to subsequently enforce that term.