Schedule “A”
CUSTOMER CONTRACT
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.
- You have requested that Best Docks provide the services stated in SCHEDULE “B” (Services Provided) for the building of docks and (shoreline) decks (the “Dock Building Services”) and/or the maintenance of docks and (shoreline) decks (the “Subscription Service”, together with the Dock Building Services, the “Services”). We will determine the method, details and means of performing the Services required by this Agreement.
- You acknowledge and agree that the Services shall be provided in accordance with these terms and conditions (the “Agreement”) or any applicable change order (the “Change Order”, a form of which is provided at SCHEDULE “C” (Form of Change Order)).
- Extra Work. Omissions in this Agreement, such as in the Excluded Services in SCHEDULE “B” (Services Provided), and any work requested in variance to this Agreement or an existing Change Order, or for any additional work that becomes necessary after our inspection of the Location (as defined in the Quote): (a) are considered extra to, and not included in the Fees for this Agreement or such existing Change Order; (b) shall be negotiated under a Change Order or some other agreement in writing between the Parties (form of which is provided in SCHEDULE “C” (Form of Change Order)), or in person or on the phone so long that it is confirmed in writing promptly thereafter; and (c) in the event of a conflict between these modes of agreement, an agreement in writing shall prevail.
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:
- The total project fee shall be estimated as set out in the Quote (the “Estimate”), subject to the terms and conditions of this Agreement. You acknowledge and agree that, at our sole discretion, in accordance with applicable laws, we reserve the right to adjust the Estimate (including, without limitation, for a change in Material prices) before the final project fees are due (the “Fees”). The Fees and Estimate(s) are only for the Services described herein and for any services specifically opted into as reflected in this Agreement. If you would like any additional services, you will have to submit a Change Order request, a form of which is provided at SCHEDULE “C” (Form of Change Order) which may be subject to additional fees.
- A deposit, refundable only as expressly permitted in this Agreement, in the amount of fifty percent (50%) of the Estimate (the “Deposit Amount”) is due immediately upon execution of this Agreement. If a new or amended Agreement is agreed to between the Parties, an additional deposit amount may be requested. The Deposit Amount shall be payable to us by electronic funds transfer, e-mail transfer (to info@bestdocksontario.com ), or cheque.
- The balance of Fees payable must be paid to us by certified cheque, e-transfer, cash, or bank draft at least twenty-four (24) hours prior to any delivery of any Materials to your Location (as defined in the Quote). Materials will not be left at your Location if full payment is not received.
- We shall not be responsible for (i) the fees of additional professional personnel required for the Services, including but not limited to architects and engineers; (ii) deposit amounts required by tree protection by-laws, laws and regulations; (iii) the cost of utilities used during the Services (including, but not limited to, gas, hydro and water), (iv) the costs of delivery and travel, unless included in SCHEDULE “B” (Services Provided), and (v) any change in Materials due to product updates, as requested in a Change Order, a form of which is provided at SCHEDULE “C” (Form of Change Order).
- All Fees shall be payable in Canadian dollars (CAD $), and shall exclude all applicable taxes.
- You shall be responsible for any additional charges incurred by us over and above the Estimate that is due to (i) Delays Due to You, (ii) Force Majeure Event(s), or (iii) any unforeseen circumstances not caused by us; provided that such charges are permitted by applicable laws.
4) Client Responsibilities. You represent, warrant, and covenant that:
- you shall provide, on your property (the “Location”), any space that we require to perform the Services and to store any Materials (as defined in the Customer Contract), equipment or tools used in the performance of the Services;
- you shall allow us to receive any Materials at the Location, and to use available facilities, free of charge, including but not limited to, electricity and water;
- you shall arrange, make provision for our entry and clear access to the public and private property on the Location so that we can perform the Services; you shall be responsible to remove and/or install any section of fencing, building, landscaping, etc. prior to the date that we are to start the Services. In the event that we have to remove obstacles, or clear a path to be able to provide the Services, you shall be responsible for the replacement and shall indemnify and hold us harmless from any damages, costs, losses or claims arising from your failure to meet your obligations under this clause;
- you shall prevent any unauthorized person(s) from entering the area in which we are working. You shall indemnify and save us harmless from all costs, losses, claims and damages resulting from such improper entry;
- the accomplishment of the performance of the Services is dependent upon the availability and accuracy of your-provided resources and relevant information, including, without limitation: design objectives; site requirements; drawings; plans; and project budget (“Plans”). Any and all Plans that are modified or amended shall be attached to this Agreement and effected with a Change Order, a form of which is provided at Schedule “B” (Form of Change Order). We shall be entitled to rely upon the accuracy and completeness of all such information furnished by you. Failure to make such information available to us may affect the timeliness and effectiveness of the performance of the Services (the “Delays Due to Your Specifications”);
- you are the owner of the Location and are legally entitled to enter into this Agreement;
- you shall be responsible for arranging for the staking of all easements, rights-of-way, utility lines, telephone lines and/or cable television lines; and
- you hold valid fire, flood, windstorm and all other necessary insurance.
- you are responsible for knowing the bylaws and regulations in your municipality.
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:
- DISCLAIMER. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS,” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- DISCLAIMER FOR SERVICES POST-INSPECTION. WE SHALL NOT BE LIABLE FOR A CLAIM OF ANY KIND MADE BY YOU AFTER THE SERVICES PURSUANT TO SCHEDULE “C” (SERVICES PROVIDED) HAVE BEEN COMPLETED AND INSPECTION HAS BEEN PERFORMED IN ACCORDANCE WITH SECTION 5 (PROMPT INSPECTION) OF SCHEDULE “A” (CUSTOMER CONTRACT) OF THIS AGREEMENT. IF YOU WOULD LIKE FURTHER SERVICES AFTER ACCEPTANCE, YOU MUST DO SO BY EXECUTING A CHANGE ORDER, A FORM OF WHICH IS PROVIDED AT SCHEDULE “B” (FORM OF CHANGE ORDER);
- DISCLAIMER FOR STAIR SLOPE. WE INSTALL, DELIVER AND BUILD (WHICHEVER APPLIES TO YOUR SERVICES) STAIRS WHICH ARE IN COMPLIANCE WITH THE APPLICABLE COMMERCIAL STAIR BUILDING CODES. THESE STAIRS ARE STEEPER THAN STAIRS GOVERNED BY THE RESIDENTIAL STAIR BUILDING CODES, AND WE DO NOT TAKE ON ANY LIABILITY FOR THESE STEEPER STAIRS OR FOR ANY RISK OR REDUCTION IN VALUE TO YOUR LOCATION AS A RESULT OF ANY NON-COMPLIANCE WITH RESIDENTIAL STAIR BUILDING CODES. FURTHER, YOU AGREE TO KEEP STAIRS FREE OF ALL SNOW, ICE, RAIN AND OTHER HAZARDOUS RISKS LIKELY TO CAUSE A SLIP OR FALL, AND WE ACCEPT NO LIABILITY FOR YOUR USE OF THE STAIRS;
- DISCLAIMER FOR ENVIRONMENTAL DAMAGE. WE SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED (INCLUDING ENVIRONMENTAL DAMAGE) TO YOUR LOCATION OR ANY SURROUNDING PROPERTY ADJACENT TO THE LOCATION;
- DISCLAIMER FOR FAULTY SPECIFICATIONS. WE ARE NOT RESPONSIBLE FOR DAMAGES, EXPENSES, LOSS OF PROFITS OR OTHERWISE THAT RESULTS FROM PLANS OR SPECIFICATIONS WHICH ARE FAULTY OR WHICH DO NOT CONFORM TO THE APPLICABLE BYLAWS, STATUTES OR OTHER LEGAL RESPONSIBILITIES;
- DISCLAIMER FOR DAMAGE. WE ASSUME NO LIABILITY FOR ANY DAMAGE TO EXISTING DRIVEWAYS, UNDERGROUND UTILITIES, LANDSCAPING, BUILDING UTILITIES, OR THE LIKE;
- DISCLAIMER FOR SAFETY. WE ASSUME NO LIABILITY FOR USE OF THE DECK OR DOCK POST- DELIVERY OR INSTALLATION, NOR ANY SAFETY ISSUES CONNECTED WITH YOUR USE OF THE DECK OR DOCK;
- DISCLAIMER FOR MEASUREMENTS. ALL MEASUREMENTS AND DEPTHS SHALL BE APPROXIMATE AND AS PRECISE AS REASONABLY POSSIBLE; AND
- DISCLAIMER FOR LIABILITY. YOU AGREE THAT BEST DOCK’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES (AS DEFINED IN THE CUSTOMER CONTRACT) PAID TO BEST DOCKS UNDER THIS AGREEMENT OR CHANGE ORDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BEST DOCKS SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE.
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:
- Monthly Payment Amount; Duration. You must first choose the number of payments that you would like to divide the total Fees into (defined as the Equal Payment Plan Number of Payments). Your monthly payment will be the amount of the Fees payable divided by the Equal Payment Plan Number of Payments (the “Equal Payment Plan Monthly Payment”).
- Monthly Payment Due Dates. The first Equal Payment Plan Monthly Payment is due upon execution of this Agreement. Each following Equal Payment Plan Monthly Payment is due one month following the then current payment, until you have made payment in full for the entire Fees. As an example only, please see Table 1 below, for an Equal Payment Plan Number of Payments equal to 5.
- You must pay all Fees at least twenty-four (24) hours prior to any delivery of any Materials to your Location (as defined in the Quote). Materials will not be left at your Location until full payment in full is received by us.
For the Subscription Service, should you be opting in for this service:
- You are responsible for the Yearly Subscription Fee, which includes putting the dock in for the season and removing it at the end of the season or when you advise us you would like it removed. This fee does not cover changing decking lumber.
- The Subscription Fee is payable in the spring of each year, prior to the installation of the dock system.
- The Subscription Fee shall be payable in Canadian dollars (CAD $) and shall exclude all applicable taxes.
- The Subscription Fee is non-refundable for the Initial Term (as defined in SCHEDULE “B” (Services Provided)).
- If the Client wishes to renew the Initial Term, a new agreement is required to be signed between the Client and Best Docks. For the avoidance of doubt, the Subscription Fee is subject to change for any subsequent term of the Subscription Service.
- As stated in SCHEDULE “B” (Services Provided) the Subscription Service does not include substantial repairs to the dock or deck. Such repairs will incur additional fees and will require an additional agreement to be entered into between the Parties.
4) Force Majeure and Delays.
- You acknowledge and agree that:
- our obligations and the timeframes established under this Agreement or an applicable Change Order shall be suspended and you shall grant appropriate extensions to cover such periods of delays to the extent and for the period that performance is reasonably prevented or commercially unviable by reason of force majeure or any cause beyond the reasonable control of Best Docks including such events as, without limitation, unavailability of materials, pandemics (including, but not limited to, the Covid-19 pandemic), strikes, acts of god, acts of government, delays in obtaining a permit, fire, natural disaster, power outages, unfavourable weather conditions, any Delays Due to You, delays due to a delay or a failure to perform your obligations under Section 5 (Prompt Inspection), or Delays Due to Your Specifications (as defined in the Quote) (collectively, “Force Majeure Event(s)”).
- We are not liable for delays due to acts or omissions by you, your servants, agents or subcontractors or anyone else at the property not in the employ of, or under the control of us (collectively, “Delays Due to You”).
- Time Estimate. You acknowledge that despite any time estimates given, any estimate given is simply an estimate and are subject to Delays Due to You, and Force Majeure Events.
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:
- decisions to be made by you for the timely performance of the Services; and
- any concerns or problems relating to performance of the Services (the “Complaint”). In the event that we do not receive written notice of a Complaint within five (5) days of the completion of the Services, you shall be deemed to have accepted the Services “as is” (the “Acceptance”).
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:
- Warranty. Subject to the Warranty Exceptions (defined below), the welded portion of a dock is warrantied in the event that the weld fails due to a manufacturing defect for three (3) years (the “Warranty Period”). This warranty applies to the normal use of the dock under normal conditions. During the Warranty Period, Best Docks will repair the dock, free of charge upon Best Docks confirming the manufacturing defect (and the fact that none of the Warranty Exceptions apply), and your presentation of the invoice or receipt in the Quote).
- This Section 8 states Best Dock’s sole liability, and your exclusive remedy, for any type of breach of warranty described in this Section 8.
This warranty does not extend to any of the following:
- any type of damage, scratch, crack, erosion, or the general quality of, or any cosmetic deficiency of any concrete, aluminum, or wood;
- any type of usage that is outside of normal consumer usage, including, without limitation, any damages, which in Best Docks’ opinion results from abnormal operating conditions, accidents, excess weight, abuse, improper storage, maladjustment, neglect, due to your actions or the actions of any third party.
- a dock left in the water over winter months ;
- damage done by salt, water, or ice;
- weld failure as a result of unnecessary physical force;
- damages caused by a repair or an attempt to repair by any person other than Best Docks. Any attempted repair to the weld by any person other than Best Docks will void the warranty;
- modifications or alterations of the dock;
- subgrade; or
- any material warranty. Materials are subject to the warranty, if applicable, provided by the original manufacturer of the material. In the event that you are compelled to call upon a manufacturer’s warranty, we will, in our discretion, work with you to resolve the problem.
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.
- Cancellation by Best Docks:
- We may cancel this Agreement without cost or penalty at any time by providing ten (10) days prior written notice to you by electronic communication or by sending a letter to your home address. If mailed, the letter is deemed delivered forty-eight (48) hours after it has been mailed by us.
- We may cancel this Agreement without cost or penalty at any time immediately upon notice to you in the event of: (a) non-payment of any Fees by you in accordance with the stated timelines; (b) material breach of your obligations under this Agreement; (c) breach of your Cooperation; (d) and/or in our reasonable opinion, you have created an unreasonable, unsafe and/or a hostile work environment.
- Cancellation by You:
- Within 7 Days from Signing. You may cancel this Agreement within seven (7) days of the signing of this Agreement by notifying us in writing at info@bestdocksontario.com (if cancelled by you pursuant to this Section 10(c), Best Docks will retain ten percent (10%) of the Estimate, unless section 10(d) and/or (e) below applies);
- After Materials Have been Acquired. Should you cancel this Agreement at any time after actual Materials have been acquired by us, twenty-five percent (25%) of your total Estimate will be retained by us to cover our expenses for acquiring these Materials.
- After Work has Begun on the Services. Should you cancel this Agreement at any time after work has begun on the Services, fifty percent (50%) of your total Estimate will be retained by us to cover our Materials and labour costs.
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: info@bestdocksontario.com.
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.
- Procedure for Cancellation by You.
- To request a cancellation, you must provide clear written notice to us, explaining your reasoning to info@bestdocksontario.com.
- After the first seven (7) days from the signing of this Agreement, except as otherwise required by applicable law, to terminate the agreement, we will require fourteen (14) days written notice sent to our email address at: info@bestdocksontario.com.
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:
- pledge or secure the Materials as collateral or security on any indenture;
- exchange them with any third party; or
- transfer their ownership or the Locations ownership.
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.
SCHEDULE “B”
SERVICES PROVIDED
The Dock Building Services will include the following services:
- the building of docks and decks (and installation, if customer ops in) in accordance with your specifications as shown the Quote;
- the delivery of a dock or deck system in accordance with your specifications as shown in the Quote, provided you have opted in for these services;
- the dock or deck built, delivered or installed, will be completed to the address provided by you.
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:
- the maintenance and upkeep of our dock or deck system or installation;
- this will not include the costs of substantial repairs to maintain the dock or deck over time and any substantial repair will require a further agreement between us;
- the Subscription Service is a non-refundable subscription for maintenance services that will begin from the Effective Date and continue for one (1) year (“Initial Term”); and
- the Initial Term can be renewed by you and Best Docks but will require a new agreement to be signed between the Parties. For the avoidance of doubt, the Subscription Fee is subject to change for any subsequent term of the Subscription Service.
Excluded Services
You acknowledge and agree that, unless explicitly included as an add-on on the Quote, the following are specifically excluded from the Services provided:
- removal of any and all excavation debris shall be left to you;
- delivery and installation of the dock or deck system, unless you have opted in for these services; and
- any Subscription Services, unless you have opted in for these services.
SCHEDULE “C”
FORM OF CHANGE ORDER
Please email info@bestdocksontario.com to request a Change Order Form.