Terms Of Service
McKeever Heating and Air Conditioning Inc.
1-7 Marietta St.
Uxbridge ON, L9P 1K7
PARTIES TO THE AGREEMENT
This Contract ("Agreement") is entered into on the date of booking or receipt of the quote/invoice between:
Contractor: McKeever Heating and Air-Conditioning, Inc, a company operating under the laws of Ontario, Canada, with its principal place of business at 1-7 Marietta St Uxbridge ON ("Contractor"),
and
Customer: (Info provided in the quote/invoice) ("Customer").
SERVICES
The Contractor agrees to provide the services ("Services") outlined on the quote/invoice at the Customer’s property.
ACCEPTANCE OF TERMS AND CONDITIONS
By booking service, authorizing work, or providing payment information, the Customer acknowledges and agrees to these Terms and Conditions.
TERM
This Agreement is effective upon acceptance of the terms and conditions and shall remain in force until the completion of the Services or termination as outlined herein, whichever occurs first.
PAYMENT TERMS
1. Total Cost: The total cost for the Services, as outlined in the quote/invoice, is in CAD, inclusive of labor, materials, and applicable taxes (HST: 13%).
2. Payment Authorization: By providing your credit card information, you authorize the Contractor to store your card securely on file and to charge the card for all services rendered, including labour, materials, applicable taxes, and any outstanding balances related to the Services.
3. Deposit: A deposit is required to the amount written on the quote. The deposit is due on the due date provided on the quote.
4. Balance: The remaining balance is due immediately upon completion of the Services, unless stated otherwise in writing, payable by credit card, cash, cheque, or e-transfer. If payment is not received within 72 hours of invoice issuance, the Contractor reserves the right to process payment using the credit card on file.
5. Late Payment: Overdue payments will incur a late fee of 2% per month unless a date of payment has been agreed upon by both parties before the date of the Services and the date of payment is not more than 90 days past the date of the Services.
6. Non-Payment: Accounts with unpaid balances may be subject to service suspension, late payment fees, and collection efforts as permitted by law. the Contractor reserves the right to recover all reasonable costs incurred in collecting unpaid balances.
7. Billing Disputes: Any billing disputes must be submitted in writing within three (3) days of the invoice date. Failure to notify the Contractor within this period constitutes acceptance of the charges.
8. Failed Payments: In the event of a declined or reversed payment, the Customer remains responsible for the full balance owed, including any applicable bank or processing fees.
SCHEDULING
The Contractor will contact the Customer, via phone or email, to confirm the start date and provide updates regarding any scheduling changes. The Contractor aims to complete the Services by the agreed upon date, subject to unforeseen delays.
DOCUMENTATION
Upon completion of the Services, the Contractor will provide the Customer with a detailed report outlining the work performed, any issues identified during installation, and recommendations for maintenance or future repairs, if applicable.
INSPECTION
The Customer has the right to inspect the completed work within three (3) business days of the completion of the Services. The Customer must notify the Contractor, in writing, of any concerns or approval. Payment of the balance is contingent upon approval, which shall not be unreasonably withheld. Any billing disputes must be submitted in writing within this three (3) day time period. Failure to notify Contractor within this period constitutes acceptance of the charges.
SAFETY AND ACCESS REQUIREMENTS
The Customer agrees to:
1. Restricted Access: Not linger around the work area during installation to avoid safety hazards and disruptions.
2. Washroom Access: Provide access to a clean and functional washroom for the Contractor’s technicians.
3. Clear Path: Ensure the path from the Property entrance to the work area is clear of obstacles for equipment transport.
4. Sanitary Environment: Ensure the property is free from biological and chemical hazards (e.g., feces).
CONTRACTOR’S RIGHTS
The Contractor may suspend or terminate the Services and leave the job site without penalty if the Customer or any individual present harasses, embarrasses, or disrespects the Contractor or his employees, as determined at the Contractor’s sole discretion. The Customer forfeits any deposit paid in such cases.
CONDITION OF PREMISES
The Contractor agrees to maintain a clean work area during the Services and to remove all debris, packaging, and waste materials from the Property upon completion, leaving the premises in a tidy condition.
USE OF UTILITIES
The Customer authorizes the Contractor to use utilities at the Property, including water, electricity, and gas, as necessary to complete the Services, at no additional cost to the Contractor.
INSURANCE
The Contractor agrees to maintain adequate insurance coverage, including workers’ compensation for employees, general liability for property damage, and third-party bodily injury, throughout the term of this Agreement. Proof of insurance is available upon request.
RELATIONSHIP OF PARTIES
The Customer is hiring the Contractor as an independent contractor, not as an employee or partner. The Contractor retains full control over the means and methods of performing the Services.
TERMINATION
Either party may terminate this Agreement if the other fails to adhere to its terms, provided written notice is given and a 5-day period is allowed to remedy the breach. If unresolved, termination takes effect, and deposits may be forfeited or refunded based on work completed.
CONFIDENTIALITY
The Contractor agrees to keep all Customer information (e.g., contact details, Property specifics) confidential and will not disclose it to third parties without the Customer’s consent, except as required by law.
LIMITATION OF LIABILITY
The Contractor’s liability is limited to the total cost of the Services. The Contractor is not liable for indirect, consequential, or incidental damages, including loss of use or profit, arising from the Services (e.g. any unforeseen breakage of property, through normal use, due to previous wear and tear or decay, including mechanical components and utilities).
INDEMNIFICATION
The Customer agrees to indemnify and hold the Contractor harmless from claims, damages, or liabilities arising from the Customer’s negligence, misrepresentation, or failure to disclose Property hazards (e.g., asbestos). The Contractor will indemnify the Customer for claims arising solely from the Contractor’s negligence.
ARBITRATION
Any disputes arising from this Agreement will be resolved through binding arbitration in Ontario, conducted in accordance with the Arbitration Act, 1991. The prevailing party may recover reasonable legal fees.
NOTICES
Any notice required under this Agreement shall be in writing and delivered via email. Notices are effective upon receipt.
FORCE MAJEURE
Neither party shall be liable for delays or failure to perform due to catastrophic or unforeseen events beyond their control (e.g., natural disasters, strikes, government orders), provided notice is given promptly.
WARRANTY
The Contractor provides a 1 year warranty on labour, unless otherwise stated in the quote, starting from completion of the Services.
The Contractor provides a 5 year labour warranty for equipment installed by the Contractor, covered under the standard annual maintenance program. The Customer must have their equipment maintained every year by the Contractor to keep the 5 year labour warranty valid.
The Contractor offers extended labour warranty for each equipment installed by the Contractor (extendable for life of the equipment). Extended labour warranty is only offered if the Customer signs up for the Premium Annual Maintenance Program. More information on the extended labour warranty can be provided upon request or by going to the Contractor’s website, www.mckeeverhvac.com/maintenance.
Any workmanship or labour warranty is contingent upon full payment of all outstanding balances. No warranty applies to unpaid or disputed invoices.
Equipment warranties follow manufacturer terms.
SERVICE PLANS
If the Customer has accepted recurring payments for an annual service plan, the Customer accepts the terms and conditions outlined in this agreement.
CANCELLATION
The Customer may cancel with 24 hours written or verbal notice prior to the Start Date for a full refund. Late cancellations forfeit the deposit and are subject to a $50.00 cancellation fee.
If the Customer cancels recurring payments for an annual service plan, and the sum of payment made that service year is less than the value of the services already provided in the service plan, the remainder of the value of the services provided will be invoiced and will be subject to the payment terms outlined in this agreement.
Additional rights may apply under the Consumer Protection Act, 2002.
GOVERNING LAW
This Agreement is governed by the laws of Ontario and applicable federal laws of Canada.