Revision – June 4, 2021
This contract is made between the Property Owner, who has placed an order (“Order”) on Swift Pros online marketplace (“The Company”) and the Associate, who has agreed to deliver the Installation Service (“Installation Service”) to the Property Owner for the price set by the company and per the terms indicated in the equipment description.
This contract is deemed executed by the Associate at the time that the Associate accepted the work order for the Installation Service and by the Property Owner at the time when the Property Owner placed the Order for the equipment. The effective date of the contract is the date of the placement of the order. Contact information of the parties, address of the equipment and service delivery, the equipment, parts (if applicable), materials (if applicable), description of equipment (if applicable), and work included in the ordered Service are detailed in the other order documents, which were provided to both parties via the website and should be considered addenda to this contract.
If the Property Owner owns the property jointly with one or more other co-owners, the decisions and actions of each co‑owner is binding to all other co-owners.
2. Order Documents
The order documents include:
2.1 Standard Contract. This document and all other order documents should be considered addenda to the standard contract, supplementing and/or overriding its terms.
2.2 Standard Scope of Work. As specified in the description of the equipment, it describes the work to be performed, equipment, parts and materials included in the installation service. Items not expressly included should be assumed excluded.
The installation service is strictly limited to change-outs, the preparations that might be required for new installations should be assumed excluded. It can be arranged through the company under a separate work order.
2.3 Pricing Details. The price is strictly limited to cover the equipment, installation service, parts, and materials costs.
2.4 Request Details. Details of the service requested by the Property Owner are implicitly given at the time of purchase and strictly limited to executing a change-out of the equipment. Any modification or additional work beyond the direct swap will be subject to a separate work order.
The company must be made aware of the modifications and or additional work to be able to provide customer support and to provide the insurance coverage.
2.5 Unable to install. The Associate is bonded to install the equipment professionally and safely within reasonable limits. If the Associate is faced with site conditions that require work beyond the installation service work scope, the property owner will be briefed about the issue(s) and the possibilities to fix the problem(s). A separate work order will be created.
The Property Owner might choose to fix the problem other ways and reschedule the installation, although a $10 rescheduling fee will apply.
2.6 Conversation. History of discussion regarding this Service between the Property Owner, the Company and the Associate via the website, apps and other communication means made available by either the Company and the Associate, made prior to the placement of the Order by the Property Owner.
2.7 Order Confirmation. Includes the job location and the contact information of both parties.
The document number above reflects its priority. In case of a discrepancy between documents of the same order, the document with a higher number has priority over the document with a lower number.
3. Scope of Work
The Company will furnish the equipment, parts, materials and labour necessary to complete the equipment installation service outlined in the order documents listed above. If not stated otherwise in other order documents, all equipment, parts and materials should be brand new (not used).
4. Changes to the Scope of Work
All changes must be authorized by the Company. The Parties agree that changes resulting in the providing of additional labour, materials or equipment (or labour/ materials/equipment substantially different from the ones detailed in the order documents) will be done at an additional cost, which should be agreed upon between the parties upfront.
5. Permits, Licenses, and Approvals
Where and when applicable the company can arrange and obtain local building and construction permits for an extra cost as it will be specified in the equipment description. The property owner might choose to obtain the permits otherwise.
The Property Owner will secure and pay for any easements, variances, zoning changes, necessary modifications of restrictive covenants, or other actions required to deliver the Service. If requested by the Associate, the Property Owner will indicate the property lines to the Associate and will provide boundary stakes by a licensed land surveyor if the Property Owner is in doubt about the property boundaries.
The Property Owner will allow free access to work areas for the Associate and vehicles of the Associate and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. The Associate will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation.
7. Site Conditions
The Property Owner acknowledges that this contract is based upon the Property Owner’s observation of site conditions. Conditions which could not be known by a reasonable inspection, such as termite damage, hidden water damage, hidden code violations, or other concealed conditions, may require extra labour or materials, which are not part of this contract. If such hidden conditions are discovered, the Associate will notify both the Company and the Property Owner. The Associate will attempt to reach an agreement for a change order to this contract that addresses those problems.
8. Payment for Service
The Property Owner will pay the Order Price to the Company for all labour, equipment, parts and materials (if applicable) spelled out in the order documents and as described in the payment schedule.
The Property Owner will make such payment(s) to the Company as set by the Company.
If not agreed otherwise by the Parties, the payment(s) should be made by personal checks.
9. Payment Schedule
If not stated otherwise in other order documents, the Property Owner will pay 100% of the order price immediately upon ordering the equipment, the full completion of the service will follow as outlined in the order documents listed above.
If the installation service is suspended because of site conditions, the property owner might choose to either return or keep the equipment until the problem is addressed, the Company will retain the property owner’s total payment until installation service is rendered.
It is not stated and should not be assumed that the cost of the equipment and the installation service are separate charges, the Company cannot make a partial refund for unused installation service.
The installation service is to be scheduled within a maximum of (180) days from the time of order, beyond the 180 days, the Company is committed but not legally bonded to make reasonable efforts to honour the installation without extra charges.
If payments due to the Company are not paid in accordance with the agreed payment schedule, the Company may allow the Associate to suspend work until the scheduled payment is made.
If a lien was placed by the Company on the Property Owner’s property, the Company will deliver a lien release to the Property Owner at the time of the final payment.
Title to all provided equipment remains with the Company until all amounts due for the order are paid in full, whether such equipment is affixed to the property or not.
10. Final Inspection
Upon notification by the Associate of substantial completion of the work, the Property Owner and the Associate will inspect the work performed, and at that time the Property Owner will prepare a punch list that identifies any incomplete work or deficiencies in workmanship, equipment, parts or materials.
The Property Owner is encouraged to run the punch list directly with the Associate, if good workmanship is not met, the Property Owner must report the punch list with photos to the Company, the Company will work with the property owner, the Associate or other Associates to meet the Property Owner standards with reasonable consideration of the site conditions.
The completion of the punch list items will be supervised by the Company and should be made by the associate no later than 7 days from the date of the punch list preparation, if not agreed otherwise between the parties.
The Associate guarantees the work will meet trade standards of good workmanship. The Associate and the Company respectively warrant that materials and parts to be used are of standard quality. The company will maintain all manufacturers’ warranties for equipment.
The Property Owner is limited to the manufacturers’ warranties for defects in the manufacture of equipment, components and materials.
If not stated otherwise in other order documents, the Associate’s warranty for labour is one year from completing the installation. The Associate’s warranties are limited to the cost of labour and materials only and exclude ordinary wear and tear, lack of proper maintenance and improper use. The Service involves installation of equipment; therefore, the further proper maintenance of such equipment is the responsibility of the Property Owner.
If not agreed otherwise, all warranty work will be performed based on the Associate’s normal schedule. The Company will work with the Associate to perform the warranty work within a reasonable time frame.
There are no warranties expressed or implied, for existing equipment, structures or materials not installed by the Associate as part of the installation service.
12. Dispute Resolution
If any conflicts arise, the Parties will cooperate in good faith to resolve them informally. In the event that is not possible, the conflict will be resolved by a body (such as a court or an arbitrator) chosen by the party who initiated the dispute. The conflict should be decided upon according to the laws of the province and the building codes of the municipality where the property is located. Each Party in this contract is responsible for its/his/her own costs and fees, including attorneys’ fees, incurred in connection with such dispute.
13. Force Majeure
The Parties shall not be liable for any default caused by events beyond their control, including but not limited to, fire, flood, strikes or accidents.
The parties have read and understood this entire contract, including all order documents. The Parties acknowledge that this document together with other order documents constitutes the entire agreement between the parties regarding the ordered service. This contract becomes binding upon the Property Owner placing an order with the Company.
15. Cancellations and returns
The Property Owner may cancel this transaction at any time prior booking the installation service. The full refund will be issued to the same method of payment within (7) business days.
When the Property Owner books the installation service for the ordered equipment, the Company will arrange for equipment and Associate installation service. Returned equipment will be subject to 20% restocking and/or show up fees.