SUPPLY & INSTALLATION OF RESIDENTIAL ELECTRIC VEHICLE CHARGE STATION - TERMS & CONDITIONS
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Client acknowledges and agrees it is the Client’s responsibility to ensure their property has adequately powerful Wi-Fi reception for a successful install and use of the EV charger. It is solely the Client’s responsibility to rectify any Wi-Fi receptivity issues.
2. Prices and Payment Terms. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling (if applicable). All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards via a third-party payment processor (STRIPE) for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including applicable shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3.Change in Services. If either party wishes to change the scope or performance of the Services (“Change Order”), it shall submit details of the requested change to the other in writing. METRO shall, within a reasonable time after such request (and, if such request is initiated by Client, not more than five (5) business days after receipt of Customer's written request), provide a written estimate to Client of:
(a)the likely time required to implement the change.
(b)any necessary variations to the fees and other charges for the Services arising from the change.
(c)the likely effect of the change on the Services; and
(d)any other impact the change might have on the performance of this Agreement.
Neither party shall be bound by any Change Order unless mutually
agreed upon in writing in accordance with this Agreement.
4. Cancellation. In the event of a change in Service (“Change Order”), and if such change includes a request or recommendation that previously approved Services be cancelled, METRO shall use its reasonable efforts to accommodate such cancellation, provided however that the Client shall reimburse METRO for all work performed by METRO up to the time of cancellation as well as all unrecoverable charges, expenses and fees incurred by METRO on account of such Services, including, without limitation, any applicable purchase orders and other contractual obligations with suppliers and other third parties or any unforeseen obstacles with the location of the installation (including but not limited to electrical deficiencies on the property or unforeseen difficulties during the installation process in Metro’s sole discretion. In no event shall METRO be required or expected to breach or commit any default with respect to any contract or purchase order it may have entered into in reliance on approval obtained from the Client. Client acknowledges and agrees that METRO reserves the right to charge a non-refundable fee of $250.00 in respect to any cancellations in its sole discretion.
7. Delays. METRO shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent the default or delay is caused directly or indirectly, by fire, flood, earthquake, elements of nature or acts of God; wars, terrorist attacks, site specific terrorist threats, riots, civil disorders, rebellions, pandemics or revolutions, or any other similar cause beyond the reasonable control of METRO (including but not limited to labour strikes, lockouts, shortages, disputes with any third party vendors).
8. Representations and Warranties. METRO hereby represents to Client:
(a) it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized/commercially reasonable industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
(b) it is in compliance with, and shall perform the Services in compliance with, all applicable Laws.
c) Client will receive good and valid title to all equipment, free and clear of all encumbrances, security interests, and liens of any kind.
d) the Services will be in conformity in all material respects with all requirements or specifications stated in this Agreement and for a period one (1) year from the date of the installation (“Warranty Period”). In the event of METRO’s breach of the foregoing warranty, after Clients written notice of such breach, METRO’s sole and exclusive obligation shall be as follows:
METRO shall use reasonable efforts to cure such breach, provided that if Metro cannot cure such breach within a reasonable time (but no more than thirty (30) days) after Customer's written notice of such breach, Metro shall reimburse Client for fees paid within the 1-year period from the date of installation. The foregoing remedy shall not be available unless Client provides written notice of such breach within the Warranty Period. For greater clarity, this remedy shall not be applicable for Services rendered by anyone other than METRO (as determined by METRO in its sole discretion).
Notwithstanding the foregoing, the Warranty Period is also applicable to any defect as a result of defective workmanship.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, (A) EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE UNDER THIS AGREEMENT, AND (B) METRO SPECIFICALLY DISCLAIMS ALL IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Survival of Representations and Warranties. The rights and obligations of the parties set forth in this Section 8 and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.
10. Indemnity. METRO shall indemnify, defend, and hold harmless Client from and against all losses arising out of or resulting from any third-party claim, suit, action, proceeding, or government order or prosecution arising out of or resulting from:
- bodily injury, death of any person, or damage to real or tangible personal property resulting from the wilful, fraudulent, or grossly negligent acts or omissions of METRO or METRO’S personnel; and
- METRO’S material breach of any representation, warranty, or obligation of Service Provider set forth in this Agreement.
Client shall indemnify, defend, and hold harmless METRO from and against all losses arising out of or resulting from any third-party action arising out of or resulting from:
- bodily injury, death of any person, or damage to real or tangible personal property resulting from the negligent or wilful acts or omissions of Client; and
- Client’s material breach of any representation, warranty, or obligation of Client in this Agreement.
11. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL METRO BE LIABLE TO THE CLIENT OR ANY OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL METRO’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO METRO PURSUANT TO THIS AGREEMENT IN THE (1) ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. No Obligation. Notwithstanding anything contained in this Agreement, in no event whatsoever shall METRO be required to undertake or perform any Services or work if (a) the location where the Services are to be performed is not in compliance with the Ontario Electrical Safety Code (or equivalent legislation and/or safety codes in the jurisdiction of where the Services are performed), and/or (b) the conduct or result of which would be, in the reasonable opinion of METRO, unsafe or otherwise prejudicial to the interests of either METRO or the Client.
13. Insurance. Client shall procure and maintain home insurance, at its sole cost and expense. Client acknowledges and agrees it shall provide METRO with a copy of its certificate of insurance in the event a claim arises.
14. Governing Law. This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada are applicable therein, without giving effect to any choice or conflict of law provision or rule or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.
Updated on: February 28, 2022