Terms & Conditions

Right Time - Limcan Certified Home Comfort (or any of its affiliated companies, as the case may be) (the “Company”) shall provide the goods and services (the “Service”) as described on the face hereof (the “Service Order”), to the person(s) whose name(s) appears thereon (“Customer”), subject to the following terms and conditions (the “Terms and Conditions”):

1. Payment

Payment is due in full upon completion of the Service. The Company reserves the right to charge interest on overdue amounts at the rate of 2% per month (24% per annum) or the maximum rate permitted by law, whichever is less, and to collect all reasonable costs of collection, including legal fees, incurred in collecting overdue amounts. In the event of a cancellation of the Service, the Company may charge the Customer a cancellation fee of up to 10% of the total price of the Service.

2. Warranty

The Company warrants that the Service will be performed in a workmanlike manner and that any goods provided in connection with the Service will be free from defects in material and workmanship for a period of 90 days following completion of the Service. The Company’s liability under this warranty is limited to replacing or repairing, at the Company’s option, any goods found to be defective within the warranty period. All other warranties, whether express or implied, including any warranty of merchantability or fitness for a particular purpose, are excluded.

3. Limitation of Liability

Except as expressly provided in these Terms and Conditions, the Company will not be liable to the Customer or any other person for any loss, damage or expense of any kind, including consequential or indirect loss or damage, arising out of or in connection with the Service or any goods provided in connection therewith, whether caused by the negligence of the Company or otherwise, and whether or not the Company has been advised of the possibility of such loss, damage or expense. The Customer acknowledges and agrees that the Company is not responsible for any loss, damage or expense caused by the Customer’s failure to provide a suitable work environment or to take reasonable care of any goods provided in connection with the Service. The Customer acknowledges and agrees that the Company may subcontract the performance of the Service or any part thereof.

4. Force Majeure

The Company will not be liable for any failure to perform any of its obligations under these Terms and Conditions, if such failure is caused by an event or circumstance beyond the reasonable control of the Company, including without limitation, any act of God or other act of nature, fire, flood, explosion, war, act of terrorism, riot, labour dispute, governmental regulation or action, or any other event or circumstance beyond the reasonable control of the Company.

5. Entire Agreement

These Terms and Conditions, together with the Service Order, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior agreements, understandings and negotiations, whether oral or written, between the parties with respect to the subject matter hereof. No amendment or waiver of any provision hereof will be binding on a party unless set forth in writing and signed by such party. No failure or delay by a party in exercising any right, power or privilege hereunder will be deemed to be a waiver thereof, and no waiver of any breach, default or violation hereof will be deemed to be a waiver of any other or subsequent breach, default or violation hereof.

6. Severability

If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable in any jurisdiction, the provision will be severed from these Terms and Conditions in that jurisdiction, and the validity, legality and enforceability of the remaining provisions will not be affected. The parties will use their best efforts to replace any provision so severed with a new provision that achieves the same or a similar effect.

7. Assignment

The Customer may not assign any of its rights or obligations under these Terms and Conditions without the prior written consent of the Company, which consent may be withheld in the Company’s sole discretion. The Company may assign any of its rights or obligations under these Terms and Conditions without the consent of the Customer. These Terms and Conditions will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

8. Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable in that province. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the province of Ontario with respect to any matter arising out of or in connection with these Terms and Conditions.

These Terms and Conditions were last updated on November 4, 2019.