Sec. 1.0 - BACKGROUND
1.1 - The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
1.2 - The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
Sec. 2.0 - Ontario Consumer Protection Act, 2002
2.1 - Consumer rights as outlined in the Ontario Consumer Protection Act, 2002 can be found at the end of this Agreement in Appendix A.
Sec. 3.0 - Services Provided
3.1 - The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
- Removal and disposal of existing roof.
- Installation of new roof, using materials outlined in estimate.
- Yard cleanup. Peachey Contracting will attempt to clean up all nails from yard, and flower beds.)
3.2 - The Services will also include any other tasks which the Parties may agree upon. The Contractor will provide the client with an Estimate for any additional materials & labour. Once Client submits payment for the Estimate, the Contractor hereby agrees to provide such Services to the Client outlined in additional Estimate.
Sec. 4.0 - Term of Agreement
4.1 - The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
Sec. 5.0 - Performance
5.1 - The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Sec. 6.0 - Currency
6.1 - Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in CAD (Canadian Dollars).
Sec. 7.0 - Compensation
7.1 - The Contractor will charge the Client a flat fee of $___________ for the Services (the ''Compensation'').
7.2 - A deposit of $___________ (the ''Deposit'') is payable by the Client upon execution of this Agreement.
7.3 - For the remaining balance of $___________, the Client will be invoiced as follows:Remaining balance MUST be paid by via Bank Draft (Post Dated for Project Delivery Date) at time of execution of this agreement..
7.4 - Invoices submitted by the Contractor to the Client are due upon receipt.
7.5 - The Compensation as stated in this Agreement does include sales tax, or other applicable duties as may be required by law.
7.6 - The Contractor will NOT be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
Sec. 8.0 - Penalties for Late Payment
8.1 - Interest payable on any overdue amounts under this Agreement is at a rate of 20.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
Sec. 9.0 - Confidentiality
9.1 - Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
9.2 - The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
9.3 - All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
Sec 10.0 - Return of Property
10.1 - Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Sec. 11.0 - Capacity/Independent Contractor
11.1 - In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Sec. 12.0 - Right of Substitution
12.1 - Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
12.2 - In the event that the Contractor hires a sub-contractor:
12.2.1 - The Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
12.2.2 - For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
Sec. 13.0 - Autonomy
13.1 - Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
Sec. 14.0 - Equipment
14.1 - Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
Sec. 15.0 - No Exclusivity
15.1 - The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
Sec. 16.0 - Notice
16.1 - All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
3-26 Empress Ave
or to such other address as either Party may from time to time notify the other.
Sec. 17.0 - Indemnification
17.1 - Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Sec 18.0 - Modification of Agreement
18.1 - Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Sec. 19.0 - Time of the Essence
19.1 - Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Sec. 20.0 - Assignment
20.0 - The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
Sec. 21.0 - Entire Agreement
21.1 - It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Sec. 22.0 - Enurement
22.1 - This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Sec. 23.0 - Titles/Headings
23.1 - Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Sec. 24.0 - Gender
24.1 - Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Sec. 25.0 - Governing Law
25.1 - This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario.
Sec. 26.0 - Severability
32. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Sec. 27.0 - Waiver
27.1 - The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Sec. 28.0 - Marketing
28.1 - The CLIENT hereby gives persmission to PEACHEY CONTRACTING the irrevocable and unrestricted right to use and publish photographs of the CLIENT’S Project in whole or part, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ______th day of ____________ /2020
Your Rights under the Ontario Consumer Protection Act, 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period.
If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.
If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.
In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.
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