Terms and Conditions
DEFINITIONS – The Pond Clinic Pro Service ® is provided by The Pond Clinic -A Division of 6893643 Canada Inc. (hereinafter referred to as ‘The Pond Clinic’).The client (hereinafter referred to as the ‘Client’), is defined as an individual or business entity having agreed to hire The Pond Clinic to provide repair and/or maintenance services.
PRICE & PAYMENT – Prices indicated herein are subject to change and do not include applicable sales taxes. Unless stated otherwise, all invoices are due upon receipt. Overdue invoices are subject to an interest charge of 2% per month. Should the client be required to provide a deposit or opt to prepay for services, any monies held until work is completed by The Pond Clinic shall not bear any interest. A fee of $35.00 will be charged to the Client’s account for any credit card transaction, or cheque payable to The Pond Clinic, returned from the Client’s financial institution for any reason whatsoever.
LIENS & OWNERSHIP – All equipment and/or products delivered and/or installed by The Pond Clinic shall remain the property of The Pond Clinic until all invoices are paid in full. The Pond Clinic reserves the right, and the Client irrevocably grants permission to The Pond Clinic, to enter the service property at any time and seize said equipment and/or products in the event of non-payment. Any additional costs to reinstate said materials & workmanship shall be borne by the Client.
PRODUCT DELIVERIES –The Pond Clinic is not responsible for any property damages whatsoever caused by our vehicles delivering materials beyond the municipal curb or road boundary.
WARRANTY – Upon payment in full, The Pond Clinic Pro Service ® Warranty guarantees that all materials (except low voltage lighting lamps) and labour are free from defects under normal use for a period of one (1) year from the original date of installation and/or service. If a defect is discovered in The Pond Clinic’s products or workmanship during the applicable warranty period, The Pond Clinic will provide all materials and labour to repair or replace, at its option, the defective product or work. This warranty does not extend to repairs, adjustments, alterations or modifications performed by non-The Pond Clinic personnel during the warranty period. The Pond Clinic’s obligation to correct defects in products or workmanship, as set forth above, is the sole and exclusive warranty set forth by The Pond Clinic. Individual product manufacturers may provide coverage in addition to The Pond Clinic Pro Service ® Warranty. There are no other warranties, expressed or implied.
LIMITATIONS & LIABILITY – To the extent allowed by local law, except for the obligations specifically set forth in this warranty statement, in no event shall The Pond Clinic and it’s vendors and/or sub-contractors be liable for any indirect, incidental or consequential damages in connection with the use of its products or services, whether based on contract, tort or any other legal theory and irrespective of whether The Pond Clinic or it’s vendors and/or sub-contractors have advance notice of the possibility of such damages including, but not limited to: vegetation loss, the cost of substitute equipment or services required during periods of malfunction or resulting non-use; property damage or personal injury resulting from Client interference in the normal & safe operation and maintenance of the products installed, maintained or serviced.
Furthermore, The Pond Clinic shall not be held liable for any losses suffered by the Client, or other persons on the site, for any of the following reasons: water staining, erosion, ground water pressure or frost; inconvenience, personal discomfort, income, profits or time lost, or temporary loss of use or enjoyment of the site while products and services are being provided and taking effect.
JURISDICTION & LANGUAGE – The Pond Clinic head office is located in Ottawa, Ontario, Canada. As such, any questions with respect to these terms & conditions, and the rights and liabilities of The Pond Clinic and/or the Client shall be governed by the laws of the Province of Ontario. The Pond Clinic et le Client son en accord que tous les communications et les documents correspondants a The Pond Clinic Pro Service ®, seront en anglais.