Terms & Conditions
All Terms & Conditions:
Definitions:
“Customer” means the person/s placing the order for Works and/or products supplied by WireChief Electric Ltd to the Customer as specified in any invoice, document or order. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorizations to allow them to do so.
“WireChief Electric Ltd” means the electrical contractor that the Customer is contracting with whose business name appears on the quotation, invoice, receipt provided to the Customer.
“Quote” means any document containing a price for Works, including but not limited to Tax Invoices, quotations generated by computer or tablet devices or handwritten quotations.
“Works” means any services rendered, products delivered or any future or completed work done by WireChief Electric Ltd.
“Contractor” means WireChief Electric Ltd
Electrical Safety Check: Free electrical safety check available only in conjunction with a paid service.
If you contract WireChief Electric Ltd to do work for you, the following terms and conditions will apply to the sale.
Payment Terms
Unless otherwise specified in written quote or estimate, the entire invoice is due upon completion of described work. Any payment not received within 10 days from completion of work is subject to interest at the highest amount lawfully allowed by contract in the province in which the work was performed until paid. If applicable, sales tax is included in the price. If WireChief Electric Ltd. commences litigation or employs attorneys to collect payment for any amount due it from Customer, Customer agrees to pay reasonable costs and attorney’s fees which may be due. If Customer’s check does not clear, Customer could be liable for more than the check amount plus the face value of the check and court costs. All parts will be removed from the Customer’s premises and discarded unless specified herein. Failure by the Customer to make any payment as aforesaid shall entitle WireChief Electric Ltd to suspend work and/or charge interest on the amount outstanding.
Collection Costs
Customer agrees that they shall pay all expenses incurred by WireChief Electric Ltd for the collection of any delinquent accounts including, but not limited to: all attorney’s fees, filing fees and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the province in which the work was performed. Customer agrees to pay collection fees, reasonable attorney’s fees and court costs in the event of legal action. A monthly service charge of 3% will be added after 10 days.
Warranty
Lifetime Workmanship Warranty
WireChief Electric Ltd. warrants that all workmanship provided by our employees be done in accordance with the Canadian Electrical Code, be free from defects, including the installation of parts and repairs, for the normal life of the installation, and will repair any installation that we find to be defective free of charge, subject to the limitations detailed below. This warranty extends through the normal life of the installation.
Limited Parts Warranty:
WireChief Electric Ltd. warrants that all parts provided and installed by our employees be free of defects for 365 days from and that we will provide a replacement part free of charge or repair damage or defective parts free of charge (at our discretion), subject to the limitations detailed below.
Parts that become defective within one year (365 days) of installation are covered by full warranty including the cost of the installation of the new part.
Non Durable Replaceable Parts:
Non Durable Replaceable Parts are parts that have limit life expectancy and are designed to be replaced. These types of parts are specifically excluded from this warranty and are not covered by WireChief Electric Ltd. These types of parts include but are not limited to Light Bulbs, Ballast, Fuses, Batteries, etc.
Exception: Non Durable Replaceable Parts that were not properly installed are covered under the parts warranty.
General Conditions and Exclusions:
This warranty extends only to parts and labor provided by WireChief Electric Ltd. Parts provided by others or installations done by others are expressly excluded from this warranty. This warranty does not cover items damaged by acts of nature, misuse, or abuse. Light bulbs are expressly excluded from this warranty. WireChief Electric Ltd. provides no warranty coverage for light bulbs that were properly installed. This warranty is limited to only those items installed or provided by WireChief Electric Ltd. Remedies for warranty claims are limited to the repair or replacement of the damaged part or faulty installation up to but not exceeding a full refund for the installation or faulty portion of the installation. This warranty does not cover the cost of repairs made by others unless authorized by WireChief Electric Ltd. For items that are designed to be maintained or replaced by the owner, the owner is solely responsible for all labor and other costs of maintaining, installing, replacing, disconnecting or dismantling the System and or parts in connection with owner-required maintenance. This warranty does not cover labor or parts for which WireChief Electric Ltd has not received payment. Failure to pay voids any and all warranty coverage offered by WireChief Electric Ltd.
THIS LIMITED WARRANTY DOES NOT COVER: property damages, malfunction or failure of the System, or personal injury caused by or resulting from: (a) accident, abuse, negligence or misuse; (b) operating the System in a corrosive or wet environment containing chlorine, fluorine or any other hazardous chemicals; (c) installation, alteration, repair or service by anyone other than a licensed contractor or other than pursuant to the manufacturer’s instructions; (d) improper matching of System components; (e) improper sizing of the System; (f) improper or deferred maintenance contrary to the manufacturer’s instructions; (g) physical abuse to or misuse of the System (including failure to perform any maintenance as described in the Operation Manual, or any System damaged by excessive physical or electrical stress); (h) Systems that have had a serial number or any part thereof altered, defaced or removed; (i) System used in any manner contrary . Operation Manual; (j) freight damage; or (k) damage caused by force majeure or other factors such as power surge damage caused by lightning and fluctuations in or interruptions of electrical power.
THIS LIMITED WARRANTY ALSO EXCLUDES: (a) SERVICE CALLS WHERE NO DEFECT IN THE SYSTEM COVERED UNDER THIS WARRANTY IS FOUND; (b) System installation or set-ups; (c) adjustments of user controls, or (d) Systems purchased or installed outside Canada. Consult the operating instructions for information regarding user controls.
This Limited Warranty shall not be enlarged, extended or affected by, and no obligation or liability shall arise or grow out of, WireChief Electric Ltd. providing, directly or indirectly, any technical advice, information and/or service to Owner in connection with the System.
Except as otherwise provided in this limited warranty, Wirechief Electric Ltd. makes no other warranties of any kind whatsoever regarding the system. Wirechief Electric Ltd. disclaims and excludes all warranties not expressly provided herein and all remedies which, but for this provision, might arise by implication or operation of law, including, without limitation, the implied warranties of merchantability and of fitness for any particular purpose. No one is authorized to change this limited warranty in any respect or to create any other obligation or liability for WireChief Electric Ltd in connection with the system. WireChief Electric Ltd. disclaims all liability for the acts, omissions, and conduct of all third parties (including, without limitation, the installing contractor) in connection with or related to the system.
Under no circumstances shall Wirechief Electric Ltd. be liable for any incidental, special or consequential damages including, without limitation, lost goodwill, lost revenues or profits, work stoppage, system failure, impairment of other goods, costs of removal and reinstallation of the system, loss of use, injury to persons or property arising out or related to the system whether based on breach of warranty, breach of contract, tort or otherwise, even if WireChief Electric Ltd. has been advised of the possibility of such damage. In no event shall WireChief Electric Ltd liability exceed the actual purchase price of the system with respect to which any claim is made.
Restriction of The Period Limitation of Action
Any legal action relating to this Agreement or breach thereof shall be commenced within one (1) year from the date of the work.
Alterations
Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by WireChief Electric Ltd, will be cause to terminate WireChief Electric’s obligation under the contract.
Basis of Quotation
All increases in labour and/or material cost arising after the date of quotation may be recovered from the Customer unless the quotation expressly excludes this condition.
The quotation(s) are based on the work being performed during normal working hours, Monday to Friday.
Variations or additional work shall be charged on time and material basis unless subject of a separate quotation accepted by the Customer.
The laying of cables and conduits runs is by shortest practicable routes.
Work by other Trades, any statutory fees, or charges for work requested by Local Authorities is not included unless specified.
While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.
Materials, equipment, and methods may vary from blueprints or notes provided, but at all times will meet or exceed local electrical code.
Blueprint locations are to be used as a guideline, but field conditions determine final locations.
Pricing
(A) If there is any error or omission in the Quote WireChief Electric Ltd reserves the right to change the contract sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Prices quoted are subject to final costing assessment by WireChief Electric Ltd.
(B) Upon acceptance of the Quote by the Customer, WireChief Electric Ltd may require a deposit to be paid prior to any Works being commenced by WireChief Electric Ltd. This deposit is at the sole discretion of WireChief Electric Ltd.
(C) Notwithstanding any other clause, the contract sum on the Quote will only be valid for 30 days from the date of the quotation. WireChief Electric Ltd reserves the right to make any changes to the Quote if the 30 days lapses.
(D) At WireChief Electric Ltd ’s sole discretion a portion of or the full amount of the deposit may be non-refundable. The amount that is non-refundable is a true estimate of costs and expenses spent to date.
(E) WireChief Electric Ltd reserves the right to make any changes to the quotation including but not limited to the contract sum if either: (i) a variation is requested by the Customer, or (ii) a Quote has not been fulfilled within 30 days of the date the Quote was produced. Any variation from the quotation, schedule works or specifications will allow WireChief Electric Ltd the right to stop the progress of any works until WireChief Electric Ltd and the Customer agree to changes. Payment for all variations must be made in full at the time in which they are raised.
Unforeseeable Conditions
Customer agrees to pay all costs arising from unforeseen issues such as unsafe or illegal conditions, rot or mold, inspector requirements, overlooked conditions, identifying and removing hazardous materials (lead paint, solvents, asbestos, etc.) after the project has begun. If such circumstances arise, WireChief ElectriLtd willll determine with Customer the scope of extra work, costs involved with remedying the unforeseeable conditions, and a date for payment through a written Change Order.
Completion
The Contractor shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the Contractor’s control.
(A) Any date or time quoted for delivery and completion of the Works is an estimate only and WireChief Electric Ltd shall endeavour to complete the Works at a time or times required by the Customer, but failure to do so shall not confer any right of cancellation, termination or refusal of delivery on the Customer’s part or render WireChief Electric Ltd liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
(B) The Customer will not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any Laws, regulations, Governments or agency’s thereof and any other cause beyond the control of WireChief Electric Ltd or any other cause whatsoever.
Consequential Loss or Damage
The Contractor will take reasonable care but accepts no liability for damage to furniture or other fixtures and fitting which must be moved by the Contractor or his workmen in order to carry out the Contract Works. Without prejudice to this, the Contractor will maintain adequate Liability Insurance cover for at least the duration of the Contract.
Design
Any design information carried out or provided by ourselves, remains our copyright and is offered on the basis that the works shall be totally carried out by the Contractor.
Customers Acknowledgements
(A) It is the sole responsibility of the Customer to check and confirm the order with WireChief Electric Ltd prior to signing the Quote. WireChief Electric Ltd will not be held liable for incorrect orders.
(B) It is the responsibility of the Customer to ensure that the Works can be completed without interruption, in a continuous workflow and on the mutually agreed date. WireChief Electric Ltd reserves the right to charge the Customer any extra costs incurred by WireChief Electric Ltd by virtue of interruption including but not limited to additional return to site charges and travel costs. The customer shall be fully responsible to ensure that plumbing, electrical installations and any other installations not specified within this quotation do not foul the work area and associated areas. The customer shall be fully responsible for any necessary foundations.
(C) The Customer shall ensure that WireChief Electric Ltd has clear and free access to the work site at all times to enable them to carry out the Works. WireChief Electric Ltd shall take all due and reasonable care when delivering and installing the product/s in accordance with the Terms and Conditions. WireChief Electric Ltd. shall not be liable for any loss or damage to the site.
Termination
If a Customer cancels or alters any order or part order for any product at any time after WireChief Electric Ltd has received the order then WireChief Electric Ltd reserves the right to charge to the Customer the cost of any product/s, materials or permit fees already acquired for the order together with cost of labour and tooling expended to the date of such cancellation or alteration. This is a genuine estimate of costs and expenses incurred by WireChief Electric Ltd.
