As you read these terms and conditions the words “the company” refers to The City Wide Group Inc.

  1. It is understood that the company carries public liability insurance but does not assume risks of any other character, nature or kind in connection with this contract and is not responsible for delays, damage or liability to work to carry on work or installation caused by or resulting from strikes, lock-outs, fires, accidents, lack of material, or any other cause beyond its reasonable control either before or after delivery of the material and equipment at the premises;
  2. All balances due as set out in this contract. Overdue balances shall bear interest at the rate of 2% per month (24% per annum) and this shall be charged on a per diem basis and on all payments from the date that they are due until the date that the funds are received by the company. No work will commence on any part of any contract unless all previous monies due to the company by the Purchaser on any previous contracts or this contract are paid as required;
  3. Should the Purchaser(s) make default in payment or default or violate any of the terms of this agreement herein, or become insolvent or bankrupt, all amounts due under the terms of this contract shall be payable forthwith by the Purchaser to the company;
  4. This contract shall become binding upon all parties upon execution or commencement subject to the rights afforded to the Purchaser(s) under the Consumer Protection Act as set out above. The company retains the right to terminate this Agreement or cancel the remainder of the contract at any stage if there is unforeseen difficulty in executing the contract. Once notified in writing by the company of the cancellation of all or any part of this contract, then any monies due and payable for work done to the date of cancellation shall be due and payable by the Purchaser(s) immediately in full;
  5. No cancellation will be accepted, if it is not done as required by the provisions of the Consumer Protection Act. It is understood and agreed that the Purchaser shall be liable for damages for any contractual breach;
  6. The Purchaser(s) shall co-operate with the company with respect to the delivery of services and products and shall not delay the delivery of products and/or services. If the Purchaser wishes to delay delivery of the product or services then the company shall execute an Agreement in writing specifying the new date of delivery;
  7. The company hereby warrants materials and workmanship only pursuant to a signed contract provided that the owner has made payment to the company in full. The company is not responsible for water and/or moisture penetration into the structure in any other areas of the building except for those areas that have been waterproofed. Any service or warranty calls unrelated to this contract will result in a charge at the rate of $245.00 plus applicable taxes;
  8. The exterior site will be left reasonably clean and free of debris and will be made reasonably level. It is the responsibility of the Purchaser(s) to ensure that the company has full access to perform its work and services. No further landscaping, top soil, sod, seed planting or repair of existing landscaping due to construction is included in this contract unless specified in writing in this Agreement;
  9. The company shall not be held responsible for any damages occurring to the existing building or its contents which are not directly related to the work being performed by the company, should the Purchaser(s) default in payment of amounts due and owing under the terms of this contract all costs of collection including substantial indemnity costs and other charges shall be paid by the Purchaser to the company as a result in any default of payment or default in enforcing the terms of this Agreement; The City Wide Group Inc. liability will be limited to the value of the contracted work only. At no time is The City Wide Group Inc. responsible for any costs outside of the work performed.
  10. Unless specified on the face of this Agreement, the Purchaser(s) shall be solely responsible for obtaining any building permits and/or costs of complying with any and all municipal building by-laws of the Building Code of Ontario. During completion of this contract should additional work, which is not part of this contract be required to conform with any of the aforementioned codes of by-laws, then the additional work shall be completed by the company and billed to the Purchaser(s) on a cost plus basis. The company reserves the right, at its discretion, to substitute products and materials of equal or greater value in order to complete the contract in a satisfactory and timely manner.
  11. All verbal and written Agreements not mentioned on the face of this contract are void and no sales representative or tradesperson has any authority to alter, change, add or delete any provision of this contract. This contract constitutes the entire Agreement between the parties and neither party is bound by any verbal or written agreements not otherwise mentioned in this contract.
  12. The Purchaser acknowledges having received a true and complete copy of this contract by signing in the space designated on page 2.
  13. This Agreement represents the entire Agreement between the parties. There are no representations, warranties, statements made by the company and its servants, agents or employees before this contract was entered into which are binding upon the company unless contained in writing herein;
  14. Any payment made by Visa or Mastercard is non-cancellable at any time. Any cheques which are returned non-sufficient funds (NSF) shall be subject to a $100.00 administration charge.
  15. If work was done on the outside, The City Wide Group Inc. will return for a one time free levelling of earth as per your contract.
  16. Final payment is due upon completion, unless otherwise arranged, agreed and accepted by both parties on front of this agreement.

Sump Pump Warranty: Liberty Sump Pumps have a manufacturer’s warranty of three (3) years from date of installation.

Concrete: Any removal of concrete (or any underlining hard surfaces) included in the contract price is for a maximum thickness of 5”. Existing hardscapes with thickness greater than 5″ will result in additional costs to be priced separately.

Air Conditioning Units: At no time is The City Wide Group Inc. Responsible for the well being, security from theft or vandalism, or functioning before or after disconnection and re-connection of any and/or all air conditioning units.

 

YOUR RIGHTS UNDER THE 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 authorize commencement 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 his 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 10 (ten) 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.