All orders for in-suite residential condominium services (“Services”) and/or products and supplies (“Products”) from Naylor are subject to the following terms and conditions. No conflicting, varying or additional terms or conditions which may appear in any prior or subsequent purchase order or other document issued or delivered by the Client purchasing Services or Products shall be of any force or effect and Naylor hereby rejects same, these terms and conditions and the corresponding quotation or invoice issued by Naylor in relation to same being the complete agreement relating to the provision of Products and Services (collectively, the “Agreement”). References herein to “you”, “your” or “Client” means the purchaser of the Services and/or Products.

1. A flat rate diagnostic charge will apply at Naylor’s then current rate and thereafter in half (1/2) hour minimum increments or as quoted. Where a quotation is required, Naylor’s technician will provide this in writing to the Client. Quotations once accepted are not subject to modification or cancellation without Naylor’s prior written consent and then only on terms which shall indemnify Naylor against loss and expenses incurred including operating costs and loss of profits.

2. Unless otherwise expressly stated in writing by Naylor, payment terms are COD:

1. a. By providing your credit card for payment, you agree to pay all charges as stipulated on the invoice issued by Naylor. Where a credit card payment does not complete, overdue accounts shall bear interest at 2% per month from the date due, before and after default.
2. b. Client shall be responsible for and shall indemnify Naylor for all costs and expenses which Naylor may incur or suffer as a result of a breach by Client of this Agreement.
3. c. Title to the Products and their proceeds remain with Naylor until all monies owed are paid in full. In the event of a breach by Client, Naylor shall have the right to enter Client’s premises and re-take and hold or re-sell the Products and Client hereby grants to Naylor a security interest in the Products and all proceeds of same.
4. d. Client shall pay and be responsible for all applicable sales, use, goods and services, value added or other tax, however designated, applicable to the price, sale, use or delivery of any Products or Services furnished hereunder.

3. Naylor collects personal information to service the Client’s equipment and will only use the information to provide the Products, perform the Services, or enforce the rights and obligations arising under the Agreement. Naylor does not retain credit card information. By agreeing to these terms and conditions you agree to the collection and use of this information for the purpose described.

4. Naylor shall be registered for the purposes of and comply with the applicable requirements of the Workplace Safety and Insurance Act (Ontario) in the course of performing the Services.

5. Naylor shall be excused from and not liable for any delay or failure in performance by Naylor as a result of an act of god, flood, war, insurrection, pandemic, labour disruption, inability to obtain supply of materials, or other circumstance beyond the reasonable control of Naylor. If Naylor incurs additional cost caused by delays attributable to the Client, those costs are to be paid to Naylor by the Client as back charges.

6. Client will provide free and clear access to the premises and all required equipment before technician arrival. Pets must be kept from the technician’s workspace to prevent possible harm from potential workplace hazards. Client must be 18 years of age or older and be in attendance for the duration of the work. Public health measures such as Covid protocols will be required as mandated by local authorities. Cancellation of any scheduled service calls requires 24 hours notice or the cost of the diagnostic charge will apply.

7. Naylor is not responsible for any damages to paint, flooring, or access doors in the removal of covers/grilles.

8. Limited Warranties:
a. Services: Naylor warrants for ninety (90) days from the date of performance of the Services that the Services shall be performed in a good and workmanlike manner.
b. Products: Naylor warrants that the Products shall for one (1) year from the date of installation of the Products, under normal operating conditions, be free of defects in materials or workmanship. Naylor agrees to repair or replace during regular working hours any Products or Services which Naylor determines to be, within the applicable warranty period, non-compliant with its warranties. All warranties are void if the account is overdue. THESE ARE THE ONLY WARRANTIES EXTENDED BY NAYLOR, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED. Naylor does not and shall not be deemed to guarantee or warrant the continuing operation or operating efficiency of the Products covered, nor shall Naylor be liable for any breakdowns thereof or for any damage to any other property not covered by this agreement resulting from any breakdowns in or operating mishaps of the Products.

9. Limitation of Liability: Notwithstanding any other provisions herein, Naylor’s liability, howsoever arising, whether under contract, statute, warranty, common law, or equity shall, in any event, be limited to the amounts paid by Client under this Agreement and Naylor shall not be responsible for any further damages. Naylor shall not in any event be liable for any claims, damage or loss resulting from loss of use, business interruption, inconvenience, loss of profits or special, indirect, or consequential damage. Naylor shall not be liable for reoccurring water leaks or water damage due to the nature of leak repairs and further the potential for drain lines to have debris blockages.

10. The Agreement shall to the benefit of and be binding upon the parties, their respective heirs, executors, administrators, successors, and permitted assigns provided the Client may not assign this contract without Naylor’s prior written consent.

11. The Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada.