SERVICE TERMS AND CONDITIONS

(For SEACURRENT ELECTRICAL SOLUTIONS LIMITED)

THESE SERVICE TERMS AND CONDITIONS (“Terms & Conditions”) are delivered by SEACURRENT ELECTRICAL SOLUTIONS LIMITED, a company incorporated and subsisting pursuant to the laws of Nova Scotia, with its registered office located in Halifax Regional Municipality, Nova Scotia (“Contractor”), to the party to whom the Quote is directed (“Client”). These Terms & Conditions form part of the Quote to which they are attached, and together they constitute the contractual basis of the interaction between the parties (“Agreement”).
 

WHEREAS the Contractor is an electrical contractor providing electrical installations, repairs, upgrades, and related goods and services, and the Client wishes to engage the Contractor as an independent contractor to provide the goods and/or services set out in the Quote, which the Contractor will deliver strictly in adherence to these Terms & Conditions.

NOW THEREFORE, in consideration of the premises and the covenants and agreements herein contained, the parties agree as follows:

1 – Confirmation and Incorporation

The recitals form part of this Agreement. The Client acknowledges that these Terms & Conditions form part of the Quote and that acceptance of the Quote, or any payment made to the Contractor, constitutes full acceptance of these Terms & Conditions.

2 – Quote

The Contractor’s Quote is proprietary and confidential, provided solely for evaluating the Contractor’s pricing. Any breakout pricing is for budgeting only. The Quote is offered for acceptance only in full. Removal of items may require a revised Quote at the Contractor’s discretion.

3 – Performance and Warranties

The Contractor represents and warrants that: (a) all goods and services will be delivered in a timely, competent, and professional manner consistent with industry standards; (b) all work will comply with applicable federal, provincial, and municipal laws, codes, and regulations; (c) the Contractor will perform the Services faithfully and to the best of its ability.

4 – Appointment, Term, and Obligations

The Client appoints the Contractor to provide the Services for the term set out in the Quote, or for a reasonable period associated with the scope of work. The term begins on the date the Quote is accepted (“Effective Date”).

5 – Contractor’s Acceptance

Acceptance of the Quote is conditional upon the Contractor’s approval of the Client’s credit and may require a deposit before mobilization.

6 – Client’s Obligations

The Client must provide full and unfettered access to the Contractor, its employees, agents, equipment, and vehicles as required to perform the Services. The Client must pay all agreed amounts on the agreed dates. Unless otherwise stated in writing, the Client is responsible for all third‑party costs incurred by the Contractor.

7 – Payment

The Client must either: (a) apply for and be approved for a 30‑day credit account, or (b) pay the full quoted amount before mobilization.

8 – Late Payment and Interest

Invoices are due upon delivery. Payments not received within 30 days of the Invoice Date will bear interest at 2% per month, plus any applicable service charges. The Contractor may lien the property where the Services were delivered.

9 – Right to Lien

If the Client defaults on payment, the Contractor may lien the property where the Services were performed. If property details are not provided, the Contractor may lien the Client’s business or personal property. The Client is responsible for all legal costs associated with filing or removing a lien.

10 – Insurance

The Client must maintain Commercial General Liability insurance with limits of at least $2,000,000 per occurrence, including bodily injury, property damage, personal injury, contractual liability, and employer’s liability. The Contractor is not required to maintain similar insurance.

11 – Termination

Either party may terminate this Agreement with seven (7) days’ written notice, stating a valid reason. If the Client terminates after the Effective Date, the Client must pay for all Services and goods produced up to the date the Contractor confirms receipt of the notice. A termination penalty equal to 50% of the Contract Price applies.

12 – Suspension of the Agreement

The Contractor may suspend Services if exposed to threats, abuse, unsafe conditions, substance abuse, or any other issue affecting safety or performance (“Issue”). Services may also be suspended due to force majeure events (“Event”). The Contractor bears no cost for delays caused by Suspension. Work resumes only once the Issue or Event is resolved to the Contractor’s satisfaction.

13 – Circumvention

For the duration of the Agreement and for two (2) years thereafter, the Client may not hire or contract directly with any employee, subcontractor, or agent of the Contractor.

14 – Ownership and Right to Remove

All goods remain the property of the Contractor until the Contract Price is paid in full. The Contractor may remove any installed goods if payment is not made. The Client is responsible for damages caused by removal and any reinstallation costs.

15 – Cost Increases and Delays

Material cost increases due to tariffs, supply chain issues, or unavoidable delays will be passed on to the Client through a change request.

16 – Indemnity

The Client must inspect the Services upon completion and report defects within seven (7) days. After this period, the Services are deemed satisfactory. The Client releases and indemnifies the Contractor from all claims, losses, damages, and expenses arising from the Services.

17 – Waiver & Release

The Client waives all claims against the Contractor for any loss, damage, or injury arising from the Services, including negligence or breach of duty. The Client agrees not to pursue any legal action against the Contractor or its representatives.

18 – Guarantor(s)

Acceptance of the Quote binds the Client’s directors (if applicable) as personal guarantors for the full Contract Price and any associated damages or costs.

19 – Set‑off

The Client may not set off or back‑charge any amounts against payments due without the Contractor’s written consent.

20 – Guarantees

The Contractor guarantees its workmanship for one (1) year. Manufacturer warranties apply to supplied goods and must be handled directly with the manufacturer. No statutory or implied warranties apply beyond what is stated herein.

21 – General

21.1 Headings are for convenience only.
21.2 If any provision is unenforceable, it will be severed without affecting the remainder.
21.3 Confidentiality, waivers, releases, and indemnities survive termination.
21.4 The Contractor may assign this Agreement without Client consent.
21.5 This Agreement is governed by the laws of Nova Scotia and Canada.
21.6 No delay or failure to exercise rights constitutes a waiver.
21.7 Notices must be delivered in writing by personal delivery or courier.
21.8 This Agreement supersedes all prior agreements.
21.9 The Agreement may be executed electronically and in counterparts