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Terms and Conditions of Service

1. Introduction

Welcome to Edmonton Elevator. These Terms and Conditions (“Terms”) govern your access to and use of our website, located at https://www.edmontonelevator.com, and all elevator maintenance, repair, modernization, installation, and inspection services (collectively, “Services”) provided by Edmonton Elevator (“we,” “us,” “our”). By accessing our website or engaging our Services, you (“Client,” “you,” “your”) agree to be bound by these Terms.

If you are entering into an agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Please read these Terms carefully. If you do not agree with any part, you may not access the website or use our Services.

2. Service Agreements & Quotes

  • Non-Binding Quotes: Any initial quote or estimate provided by Edmonton Elevator is an approximation of costs based on preliminary information. It is not a binding offer or a fixed-price contract unless explicitly stated in writing as a “Firm Quote” or “Service Agreement.”
  • Formal Service Agreements: Specific terms for maintenance contracts, modernization projects, or other significant work will be detailed in a separate, signed Service Agreement or Work Order. In the event of a conflict, the terms of the signed Service Agreement shall prevail over these general Terms.
  • Changes in Scope: If the scope of work changes after a quote is accepted or during service execution (e.g., additional repairs are needed upon inspection), we will provide a revised quote for your approval before proceeding.

3. Client Responsibilities

To facilitate safe and efficient service, you agree to:

  • Provide safe, unobstructed, and code-compliant access to the elevator machine room, pit, and hoistway for our technicians.
  • Ensure the work area has adequate lighting, ventilation, and power as required.
  • Inform us of any known hazardous conditions (e.g., asbestos, mold, structural issues) prior to the commencement of work.
  • For maintenance contracts, provide accurate and complete historical data about the elevator(s) and promptly report any malfunctions or concerns.

4. Payment Terms

  • Invoicing: For non-contractual repair work, invoices are due upon receipt unless other terms are specified in a signed agreement. For maintenance contracts, invoices are issued as per the contract schedule (e.g., monthly, quarterly).
  • Late Payments: Invoices not paid within 30 days of the due date may be subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance.
  • Disputed Charges: Any disputes regarding an invoice must be submitted in writing within 15 days of the invoice date. Undisputed portions of the invoice remain due and payable.
  • Collection Costs: You are responsible for all reasonable costs (including legal fees) incurred by Edmonton Elevator in collecting overdue payments.
  • Suspension of Service: We reserve the right to suspend service, including emergency response under a maintenance contract, for accounts with overdue balances until payment is received.

5. Warranties & Limitation of Liability

  • Service Warranty: We warrant our labor and any parts we supply against defects in workmanship and materials for a period of ninety (90) days from the date of service completion, unless a longer warranty is provided on the part itself or in a signed Service Agreement.
  • Limitation of Liability: To the fullest extent permitted by law, Edmonton Elevator’s total liability arising out of or related to the Services, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by you for the specific Services giving rise to the claim in the six (6) months prior to the claim.
  • Exclusion of Consequential Damages: In no event shall Edmonton Elevator be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, or costs of substitute equipment, even if advised of the possibility of such damages.

6. Safety & Compliance

  • Regulatory Compliance: We perform Services in accordance with industry standards and applicable Alberta regulations, including the Alberta Safety Codes Act and CSA B44 Safety Code for Elevators. However, ultimate compliance of the elevator installation with all laws and codes is the responsibility of the building owner.
  • Safety of Premises: While we follow strict safety protocols, you are responsible for maintaining a safe premises and informing all building occupants of service work as required. We are not liable for injuries to persons or damage to property not directly caused by our negligence.

7. Force Majeure

Edmonton Elevator shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, supply chain failures, severe weather, pandemics, or government actions (“Force Majeure Event”).

8. Termination of Service Agreements

  • By Client: You may terminate a maintenance or service contract by providing thirty (30) days written notice.
  • By Edmonton Elevator: We may terminate a contract for cause immediately upon written notice if you: (a) fail to pay undisputed fees; (b) fail to provide safe access; or (c) materially breach any other term of the agreement.
  • Effect of Termination: Upon termination, you agree to pay for all Services rendered up to the termination date and any outstanding parts or materials ordered for your project.

9. Intellectual Property

All designs, drawings, specifications, reports, and proprietary methodologies provided by Edmonton Elevator remain our exclusive intellectual property. You are granted a license to use such materials solely for the operation and maintenance of the specific elevator system for which they were created.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Edmonton, Alberta.

1. 1. Changes to Terms

We reserve the right to modify these Terms at any time. The most current version will always be posted on our website. Material changes will be communicated to active contract clients via email. Your continued use of our website or Services after such changes constitutes your acceptance of the new Terms.

1. 2. Contact Information

We reserve the right to modify these Terms at any time. The most current version will always be posted on our website. Material changes will be communicated to active contract clients via email. Your continued use of our website or Services after such changes constitutes your acceptance of the new Terms.

For questions about these Terms and Conditions, please contact us at:
Edmonton Elevator

[Company Address]
[Phone Number]
[Email Address]

 

Last Updated: [Date]

(Note: This document is a template and does not constitute legal advice. Edmonton Elevator should have this document reviewed by a qualified legal professional in Alberta to ensure it meets all specific business and regulatory requirements.)