CNA Electric Ltd. – Standard Terms and Conditions

Effective Date: Aug 1, 2024

1. Definitions

1.1 – CNA Electric Ltd. is hereafter referred to as the “Electrical Contractor.”
1.2 – The agreement for electrical services between the client (the “Client”) and the Electrical Contractor is hereafter referred to as the “Contract.”
1.3 – Headings are included for organizational purposes only and do not constitute a part of the agreement. They shall not be used to limit, modify, or interpret the scope or intent of any provision.

2. Standard Exclusions

2.1 – The Client will be responsible for the following expenses unless otherwise agreed
to in the Contract:
◦ a) Utility fees.
◦ b) Temporary power, lighting, and internet services.
◦ c) Cleaning of the worksite.
◦ d) Replacement of materials stolen or damaged offsite by third parties.

3. General Conditions

3.1 – The Contract may be withdrawn by the Electrical Contractor if not accepted within 10 days.
3.2 – The Electrical Contractor will not be liable for errors or omissions in designs provided by others, nor for inadequacies of materials and equipment specified or supplied by others.
3.3 – Equipment and materials supplied by the Electrical Contractor are warranted only to the extent of the manufacturer’s warranty, unless otherwise specified in the Contract.
3.4 – Neither the Electrical Contractor nor the Client will be liable for damages or additional costs due to a Force Majeure event, including but not limited to natural disasters, pandemics declared by the World Health Organization (WHO), strikes, lockouts, civil unrest, military actions, or any other causes beyond the reasonable control of the Parties. Any verbal or written expression or implication contrary to these conditions will be null and void.
3.5 – The Contract excludes general trades-related work, including but not limited to mechanical, sheet metal, gas fitting, carpentry, drywall, patching, and painting.
3.6 – Latent conditions are excluded unless otherwise specified.

4. Work Schedule

4.1 – The Electrical Contractor and the Client may agree on a timeline for the Contract (the “Work Schedule”).
4.2 – If no Work Schedule is agreed upon, the Electrical Contractor may establish the Work Schedule at its discretion.
4.3 – If the Work Schedule changes due to reasons not attributable to the Electrical Contractor, the Contractor may charge additional costs, with written notice to the Client.
4.4 – The Electrical Contractor will perform work during normal business hours, Monday to Friday, 07:30-16:00, excluding legal holidays (the “Working Hours”).
4.5 – Work outside the Working Hours must be agreed upon in writing by both the Electrical Contractor and the Client.

5. Change Orders

5.1 – The Electrical Contractor may charge additional costs if additional work is required beyond what is agreed to in the Contract (the “Additional Work”).
5.2 – If the Client determines that Additional Work is necessary, the Client must provide written notice to the Electrical Contractor, detailing the scope of the Additional Work. Verbal notice is acceptable for Additional Work costing less than $2,500.00.
5.3 – If the Electrical Contractor determines that Additional Work is necessary, they will provide written notice to the Client, detailing the scope of the Additional Work before proceeding. Verbal notice is acceptable for Additional Work costing less than $2,500.00.

6. Assignment by the Client

6.1 – The Client may not assign the Contract without the written consent of the Electrical Contractor.

7. Payment Terms

7.1 – The Electrical Contractor will invoice the Client for completed portions of the Contract (the “Invoices”).
7.2 – The Client must fully pay the Invoices within 14 days of receipt (the “Payments”).
7.3 – If Payments are not made, the Client will be liable for all costs of collection, including legal costs and disbursements on a solicitor-and-client basis.
7.4 – Outstanding amounts are subject to an annual interest rate of 24% (2% per month).
7.5 – Invoices are subject to applicable taxes.

8. Cancellations

8.1 – Deposits are non-refundable for cancellations within 48 hours of a scheduled appointment.

9. Materials

9.1 – The Electrical Contractor may adjust the price of materials if market prices change by at least 5% between the date of tender, date of contract, and/or date of installation, with written notice to the Client.

10. Warranty

10.1 – The Electrical Contractor provides a one-year warranty on all electrical equipment installed by the Electrical Contractor or its subcontractors (the “Warranty”).
10.2 – The Warranty period begins upon energization of the equipment.
10.3 – Warranty work (the “Warranty Work”) will only be performed during Working Hours.
10.4 – For Warranty Work performed off Vancouver Island, the Electrical Contractor may charge travel costs at its discretion (the “Travel Costs”).
10.5 – The Client must pay Travel Costs before the Warranty Work is performed.
10.6 – Warranty Work on Vancouver Island is subject to an $85.00 fee, at the discretion of the Electrical Contractor.
10.7 – Warranty Work will not be performed on an emergency basis (the “Emergency Work”).
10.8 – If Emergency Work is required, the Client may contact the Electrical Contractor’s service department.
10.9 – The Electrical Contractor will perform and charge for Emergency Work at its discretion.
10.10 – The Electrical Contractor may provide Remote Login Emergency Assistance if the Client’s system can be monitored and controlled remotely (the “Assistance”).
10.11 – If Assistance is not available, the Electrical Contractor will provide service at its discretion.

11. Client’s Responsibility

11.1 – The Client will not hold the Electrical Contractor liable for third-party claims for personal injury, death, or property damage.
11.2 – The Client will not hold the Electrical Contractor liable for loss of use of property, lost profits, or production.
11.3 – The Client will not hold the Electrical Contractor liable for any damages arising from the Client’s failure to maintain their systems or for circumstances beyond the control of the Electrical Contractor.
11.4 – The Client is responsible for holding all necessary insurance policies related to the job site.

12. Dispute Resolution

12.1 – The Electrical Contractor may rely on the Builders Lien Act, S.B.C. 1997, c. 45.
12.2 – The Client is liable to indemnify the Electrical Contractor for all legal costs and disbursements on a solicitor-and-client basis associated with the Client’s default.
12.3 – Signed Contract
12.4 – The Contract is binding on both parties, whether signed electronically or on paper.
12.5 – The Contract is strictly reserved for the Client and may contain privileged or confidential information.
12.6 – Unauthorized reproduction, distribution, or disclosure of this document is strictly prohibited. If you received this document in error, please contact us immediately and return the original to the address provided.