This Customer Contract (the “Agreement”) is executed by and between Ontario’s Best Docks & Decks Inc. (“Best Docks”, “us”, “our”, or “we”) and the Client as defined and set out in the Quote to this Agreement. In the event of a conflict between the Quote and this Schedule “A” (Customer Contract), the terms and conditions in this Schedule “A” (Customer Contract) shall prevail.
The Client and Best Docks agree as follows:
1) Scope - The Services/Work.
2) Term. The term of this Agreement will continue until the latter of (i) Acceptance (as defined in Section 5 Prompt Inspection)); or (ii) completion of the Initial Term (as defined in SCHEDULE “B” (Services Provided)), if the Client has subscribed for Subscription Service, unless in either case the Agreement is renewed or terminated in accordance with the terms of this Agreement); or (iii) the payment of all Fees due to Best Docks.
3) Fees and Estimate. For the Dock Building Services:
4) Client Responsibilities. You represent, warrant, and covenant that:
The foregoing clauses (a-h) are collectively, the “Owner Responsibilities”. In the event that any of the Owner Responsibilities are not complied with, this shall constitute a Delays Due to You (as defined in the Customer Contract and you may be subject to additional fees, including, but not limited to, labour costs for an entire day. You acknowledge that the foregoing additional fees constitute a genuine pre-estimate of damage, not a penalty.
5) Disclaimers. You acknowledge and agree that, except to the extent required by applicable law:
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE NATURE OF THE LOSS OR DAMAGES OR THE LEGAL BASIS OF ANY CLAIM WHETHER MADE IN CONTRACT, TORT, FOR NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION.
THE FOREGOING CLAUSES (A TO I) ARE INDIVIDUALLY, AND COLLECTIVELY, “LIMITATIONS ON LIABILITY”. THE ALLOCATIONS OF LIABILITY IN THIS SECTION REPRESENT THE AGREED AND BARGAINED FOR UNDERSTANDING OF THE PARTIES AND BEST DOCKS’S COMPENSATION REFLECTS SUCH ALLOCATIONS.
The “Equal Payment Plan” involves the following, which must be available and opted into for it to apply to your payment for the Dock Building Services:
For the Subscription Service, should you be opting in for this service:
4) Force Majeure and Delays.
5) Prompt Inspection. (If applicable, customer oped in for Installation Services) You agree to promptly inspect the work performed by us, and must immediately inform us, or in any event, within five (5) days of the completion of the Services, of:
6) Indemnification. You agree to indemnify Best Docks, and Best Dock’s employees, contractors, officers, directors, agents, or other representatives against any and all claims, proceedings, liability, loss, damage, cost or expense which we may hereafter sustain, incur, suffer or be required to pay by reason of: (a) the intentional or negligent act or omission; or (b) any breach of this Agreement by you; or (c) the stairs to the dock being in accordance with commercial stair building codes, rather than residential stair building codes.
We shall have no obligation to defend or indemnify you from any such claim, loss, liability, damages or expense (or part thereof) that arises from: (a) Plans (as defined in the Quote); (b) specifications created by us or our agents in compliance with your written directions or Plans; or (c) the combination of the Materials or Services by you with your or other third party materials or services which were not provided or approved by us or which were not reasonably contemplated to be combined with the Materials or Services, if the breach would not have occurred but for that combination; or (d) the stairs to the dock being in accordance with commercial stair building codes, rather than residential stair building codes.
7) Subcontract. We may, in our sole discretion, and without notice to you, subcontract all or a portion of the Services hereunder to another individual of our choice.
8) Best Dock’s Warranties. Except as otherwise provided by law, our warranty for the Services provided, is limited to:
This warranty does not extend to any of the following:
The foregoing subclauses (a)-(i) are collectively the “Warranty Exceptions”. The costs of transport, travel, removal and re-installation are not covered by this warranty. The warranty is limited to the Client as defined herein.
Except as otherwise required by law, this warranty is effective only when Fees have been paid in full by you. You acknowledge that any claim under this warranty cannot be used to set-off the payment of the Fees. You further acknowledge we are not responsible for maintenance issues that are a result of: (a) alterations to the Materials in any way by you or a third party; (b) Your failure to conduct the required maintenance of the Materials; or (c) damage due to natural disasters, severe weather conditions or environmental factors.
9) Defective Materials. In the event that we discover rotten, rusted, unsafe, non-compliant or defective materials that need to be replaced to perform and complete the Services, you agree to pay for the replacement cost of such materials. You will be notified while the Services are in progress if any extra work or materials are needed because of building decay or required by applicable regulations and laws.
10) Cancellation and Refund Policy.
Should any refund be payable to you in accordance with this Agreement, you will receive your refund within fourteen (14) days after we have received a written request to our email at: firstname.lastname@example.org.
Any Subscription Fee or Equal Payment Plan is non-refundable, if applicable, at our sole discretion. Should we decide, at our sole discretion, to provide you with a refund for either a Subscription Fee or a Equal Payment Plan, the percentages noted in Section 10(b) above will apply to the refund and the refund will be refunded within the same timeline as the original payments of the Subscription Fee or Equal Payment Plan were paid by you.
11) Title Passes in Materials Upon Payment. All Materials, including, those sold to you under this Agreement or any applicable Change Order (the “Materials”) shall remain our property; we shall, in our sole discretion, have the right to remove the Materials from your Location (as defined in the Quote) or any secondary location, whether or not installed, until such time as any fees payable under this Agreement are paid in full. Until title has passed to you due to full payment being made, you will not, to the extent permitted by applicable law:
12) Cooperation. You will cooperate with our reasonable requests for information and direction, and on a timely basis will provide us with all access and instruction required to complete the Services set out in this Agreement and any applicable Change Order (“Your Cooperation”). The accomplishment of specific tasks and/or objectives is dependent upon the availability and accuracy of resources that you provide, access and information. Such information includes detailed, precise and clear specifications relating to any Services provided hereunder. Failure to make such resources and access available to us shall be included in the definition of “Delays Due to You”.
13) Dispute Resolution and Governing Law. This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Province of Ontario, and each party hereto irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any matter arising hereunder or related hereto.
14) Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
15) No Waiver. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
16) Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior Agreements between the parties, whether written or oral, referring to the same subject matter. Any Change Order documents executed jointly by the parties pursuant to this Agreement at any time shall become part of this Agreement. In the event of any conflict between this Agreement and any Change Order, the Change Order shall prevail. No modifications, amendments or supplements to this Agreement shall be effective for any purpose unless in writing signed by the parties.
17) Relationship of the Parties. The relationship between the parties established by this Agreement is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. No agent, employee or subcontractor of Best Docks is authorized to make any warranty or guarantee other than those herein stated.
18) Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this Agreement, but all the counterparts shall together constitute the same agreement.
19) Signs. You agree to permit us to display a sign on the Location to provide advertising for us until the Services are completed.
20) Survival. The rights or obligations of the parties in this Agreement that, by its or their nature, should
survive termination or expiration of this Agreement, will survive any expiration or termination of this
Agreement, including but not limited to Sections 3 (Fees and Estimate), Section 6 (Indemnification), Section 8 (Best Dock’s Warranties), Section 9 (Defective Materials), Section 11 (Title Passes in Material Upon Payment), Section 15 (No Waiver), and the “Client Responsibilities” and “Disclaimers” sections of the Quote.
The Dock Building Services will include the following services:
You acknowledge that any Materials may be used so long as it is compliance with the specifications as shown in the Quote.
You acknowledge that we may substitute any Materials to be provided under this Agreement by a commercially reasonable substitute. You acknowledge that any substitution in Materials remains suitable for its use in your dock or deck project and in compliance with all applicable laws.
In addition, you may opt in for the Subscription Service on the Quote, which includes the following services provided on a yearly subscription basis:
You acknowledge and agree that, unless explicitly included as an add-on on the Quote, the following are specifically excluded from the Services provided:
FORM OF CHANGE ORDER
Please email email@example.com to request a Change Order Form.
NO TAX ON ALL DOCK PACKAGES + 2 Hours FREE Delivery + FREE Custom Accessory* of your choice!
Call 647-804-4849 or message us today for your quote! Spring 2024 Install Available. *One FREE Custom Accessory includes Stairs (Up To 3 Step), Corner Walkway (3ft), Kayak Rack, or Bench only. Sale valid until Dec 1, 2023.