TERMS AND CONDITIONS
Please read these Terms and Conditions before your sign up any contract with FurnaceGTA. Once you contact FurnaceGTA and sign a contract, by default you agree to all the Terms and Conditions set out in this document.
Please be advised that these Terms and Conditions are government clauses in any transaction you sign up with FurnaceGTA. FurnaceGTA does not take any responsibility if you do not unknowingly or intentionally do not read all the Terms and Conditions.
This Terms and Conditions document administers and is governing sets of rules and regulations all and any transaction agreed upon between FurnaceGTA and Clients; Homeowners, General Contractors, Builders, Sub-Contractor, Property Managers and Service Providers.
Price and Payment:
FurnaceGTA is committed to provide its Clients with fair, transparent and reasonable quotes at Client’s request. Any quote provided by FurnaceGTA is only valid for 30 days. Passed 30 days, FurnaceGTA is not bound or obliged to honor the expired quote. FurnaceGTA’s clients are hereby agreeing that they will not use FurnaceGTA’s quote to lower the quotes provided by other companies. The Price and Payments Terms are set at the outset and prior to signing any contract between FurnaceGTA and client. Based on the Payment Terms agreed, clients by default agree to abide by those terms and make payments as agreed. Clients agree by default to pay all outstanding invoices with no condition as soon as the work is deemed complete by FurnaceGTA. Only if any delayed payment is agreed upon prior and during signing a contract with FurnaceGTA, the payment deadline and frequency will be decided by FurnaceGTA. 50% of the payment is due prior to the commencement of the project, 25% of payment is due once the project is 75% completed and the remaining balance of 25% is due of the day of completion of the project.
Unless agreed upon in the form of a contract, FuraceGTA has the right to demand payment upon delivery of equipment or fabrication of materials at Client’s project site by FurnaceGTA for any project. All our Clients agree to pay us interest at the rate agreed mutually between FurnaceGTA and client on weekly, bi-weekly, monthly for all overdue payments as well as the fee of FurnaceGTA’s attorney and any other administrative expenses.
Failure to pay FurnaceGTA in full after project is completed, shall allow FurnaceGTA to cease work on your project and post notice at all work sites without liability. In the event of non-payment, FurnaceGTA shall, without prior notice, remove all workmen and stored material from the project site. No credit or offset by customer shall be permitted when service or work is refused for non-payment. All work furnished, lost profit, and costs of handling shall be due immediately upon invoice by FurnaceGTA without liability to replace any equipment.
The individual executing the Agreement agrees to be PERSONALLY LIABLE for all payments due to FurnaceGTA despite the existence of any corporate entity or other potential limitation; and client agrees that any affiliate now or hereafter existing shall be liable jointly and severally with client for amounts due under the Agreement, including any interest, penalties, or attorneys’ fees assessed for non-payment.
Title to Equipment:
Title to all equipment and materials provided by FurnaceGTA under the Agreement shall not pass to client until payment in full has been unconditionally paid to and received by FurnaceGTA. FurnaceGTA shall have a security interest in the equipment, parts, and materials installed for customers until payment in full is received by FurnaceGTA and client acknowledges this security interest by signing the contract documents. This secured interest shall apply for all purposes, including any bankruptcy or against any person claiming any interest in or to the goods or equipment. In the event of non-payment, client also grants FurnaceGTA an unhindered right of entry onto the premises at which the work is being performed to remove all materials or supplies placed by FurnaceGTA.
Scope, Changes, and Substitutions:
FurnaceGTA will perform the scope of work based on these Terms and Conditions or as otherwise agreed in writing for the agreed upon price. Client acknowledges that it has made the choice as to equipment size and specification and that FurnaceGTA has followed those instructions. Customer assumes liability for recommendations made by FurnaceGTA that are not accepted. If FurnaceGTA has made the equipment size and specification determination, then the same is based upon the information provided by Customer to FurnaceGTA and is not an independent evaluation. Unless otherwise set forth herein, FurnaceGTA reserves the right to make substitutions of equal equipment, supplies, or materials without prior approval of Customer. Any and all changes to the work, set-offs, deductions, or other changes to the work must be agreed to in writing by FurnaceGTA to become enforceable. Failure to make full payment for changes in the scope shall be cause for termination by FurnaceGTA. If the work cannot be finished by FurnaceGTA within 2 months of the date of the proposal due to causes outside FurnaceGTA’s control, Customer agrees to pay FurnaceGTA the total cost associated with the extra work plus 10% of that extra cost as overhead and profit.
Access to the Property:
Client grants FurnaceGTA the right of unhindered entry into the property where the work is to be performed to deliver or collect materials, tools, or equipment and/or to perform its work. This right shall not be terminated by a single use but shall authorize multiple entries as when and where required, with no liability for damage.
FurnaceGTA shall have the right to terminate any Agreement for cause; cause shall include, but not be limited to, non-payment or any other breach of these Terms and Conditions. In the event of termination of the Agreement, FurnaceGTA shall be entitled to the value of all services provided or incurred, including but not limited to design, installation, handling charges and administrative and collection costs and expenses. In the event that a breach is due to non-payment by purchaser or other cause not entirely caused by the acts or omissions by FurnaceGTA, FurnaceGTA shall also be entitled to its lost profit for the project.
All bids and/or proposals presume the existence of suitable conditions for the placement of all equipment, goods, and work required to be installed by FurnaceGTA and the existence of conditions as per plans. It is also presumed that access shall be granted by Customer or property owner in a method suitable to allow unhindered access to the work area for delivery of all materials and work by all persons required to perform the work herein contemplated and to perform such work only on normal business days, during usual business hours, and within the usual scheduling of FurnaceGTA. Any variances in the conditions shall require additional payment to be made by the Customer as shall be determined by FurnaceGTA based upon the conditions encountered and actual and administrative costs incurred. This includes delays or changes in the scope of work caused by Customer, property owner, or other contractors working on site.
All implied warranties are hereby disclaimed and waived by customer. All materials, parts, and equipment are only warranted by the manufacturers or suppliers as provided for by manufacturers or suppliers in writing. FurnaceGTA warrants the labor performed by FurnaceGTA for 90 days or as otherwise indicated in writing. FurnaceGTA makes no other warranties, express or implied, and its agents or technicians are not authorized to make any such warranties on behalf of FurnaceGTA. No warranty for equipment, materials, or labor, whether written, implied, or otherwise, shall apply until FurnaceGTA has been paid in full. All warranty periods begin at the time of substantial completion.
No Consequential Damages or Damages for Delays:
In no event shall FurnaceGTA be responsible for any damages related to delay, including but not limited to delay due to unavailability of materials or labor or for any circumstances beyond FurnaceGTA’s direct control. A work stoppage is outside its control. Similarly, FurnaceGTA shall not be liable for any consequential damages or loss suffered by Customer or any other persons as a result of its performance or failure to perform under the Agreement or otherwise.