Terms & Conditions

 

All Terms & Conditions:

Definitions:

“Customer” means the person/s placing the order for Works and/or products supplied by JMB Renewables LLC to the Customer as specified in any invoice, document or order. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorizations to allow them to do so.

“JMB Renewables LLC” means the electrical contractor that the Customer is contracting with whose business name appears on the quotation, invoice, receipt provided to the Customer.

“Quote” means any document containing a price for Works, including but not limited to Tax Invoices, quotations generated by computer or tablet devices or handwritten quotations.

“Works” means any services rendered, products delivered or any future or completed work done by JMB Renewables LLC.

“Contractor” means JMB Renewables LLC

 

Right to Cancel:

"THE HOMEOWNER HAS THE RIGHT TO CANCEL THIS CONTRACT FOR ANY REASON AT ANY TIME WITHIN THREE DAYS AFTER THE SIGNING OF THE CONTRACT, UNLESS WORK HAS COMMENCED. NOTICE OF CANCELLATION MUST BE GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE HOME IMPROVEMENT CONTRACTOR. IT SHALL BE DEEMED COMPLIANCE WITH THE THREE-DAY CANCELLATION PERIOD IF THE NOTICE TO CANCEL IS MAILED WITHIN THREE DAYS AFTER THE CONTRACT SIGNING, EXCLUDING SUNDAYS AND HOLIDAYS. WITHIN THREE DAYS AFTER RECEIPT OF THE WRITTEN NOTICE OF CANCELLATION, THE CONTRACTOR SHALL REFUND ALL MONEYS RECEIVED FROM THE HOMEOWNER."

 

Payment Terms:

Unless otherwise specified in written quote or estimate, 100% due upon completion and of work. Payment by means of credit cards are acceptable. Any payment not received within 40 days from invoice date is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid. If applicable, sales tax is included in the price. If JMB Renewables LLC. commences litigation or employs attorneys to collect payment for any amount due it from Customer, Customer agrees to pay reasonable costs and attorney’s fees which may be due. If Customer’s check does not clear, Customer could be liable for more than the check amount plus the face value of the check and court costs. All parts will be removed from the Customer’s premises and discarded unless specified herein. Failure by the Customer to make any payment as aforesaid shall entitle JMB Renewables LLC to suspend work and/or charge interest on the amount outstanding.

Collection Costs:

Customer agrees that they shall pay all expenses incurred by JMB Renewables LLC for the collection of any delinquent accounts including, but not limited to: all attorney’s fees, filing fees and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the province in which the work was performed. Customer agrees to pay collection fees, reasonable attorney’s fees and court costs in the event of legal action. A monthly service charge of 3% will be added after 10 days.

Warranty:

Workmanship Warranty:

JMB Renewables LLC. warrants that all workmanship provided by our employees be done in accordance with the National Electrical Code, be free from defects, including the installation of parts and repairs, and will repair any installation that we find to be defective free of charge, subject to the limitations detailed below. This warranty shall extend 365 from the date the services are rendered. 

Roof  Penetration Warranty:

JMB Renewables warranties any penetrations or holes it makes in the roof for a period of one year.  Should a claim be brought forth, JMB shall inspect the leak and should the leak be a result of JMB error it shall be fixed at no cost.  Any resulting damage directly attributable from the leak shall be covered by JMB.  Should it be determined that the leak is from a source other than a JMB penetration a truck roll and mobilization cost shall be issued in the amount of $300.  

Limited Parts Warranty:

JMB Renewables LLC. warrants that all parts provided and installed by our employees be free of defects for 365 days from and that we will provide a replacement part free of charge or repair damage or defective parts free of charge (at our discretion), subject to the limitations detailed below.

Parts that become defective within one year (365 days) of installation are covered by full warranty including the cost of the installation of the new part.

 

Non Durable Replaceable Parts:

Non Durable Replaceable Parts are parts that have limit life expectancy and are designed to be replaced. These types of parts are specifically excluded from this warranty and are not covered by JMB Renewables LLC. These types of parts include but are not limited to Light Bulbs, Ballast, Fuses, Batteries,  etc.

Exception: Non Durable Replaceable Parts that were not properly installed are covered under the parts warranty.

 

General Conditions and Exclusions:

This warranty extends only to parts and labor provided by JMB Renewables LLC. Parts provided by others or installations done by others are expressly excluded from this warranty. This warranty does not cover items damaged by acts of nature, misuse, or abuse. This warranty is limited to only those items installed or provided by JMB Renewables LLC. Remedies for warranty claims are limited to the repair or replacement of the damaged part or faulty installation up to but not exceeding a full refund for the installation or faulty portion of the installation. This warranty does not cover the cost of repairs made by others unless authorized by JMB Renewables LLC.   For items that are designed to be maintained or replaced by the owner, the owner is solely responsible for all labor and other costs of maintaining, installing, replacing, disconnecting or dismantling the System and or parts in connection with owner-required maintenance. This warranty does not cover labor or parts for which JMB Renewables LLC has not received payment. Failure to pay voids any and all warranty coverage offered by JMB Renewables LLC.

 

THIS LIMITED WARRANTY DOES NOT COVER: property damages, malfunction or failure of the System, or personal injury caused by or resulting from: (a) accident, abuse, negligence or misuse; (b) operating the System in a corrosive or wet environment containing chlorine, fluorine or any other hazardous chemicals; (c) installation, alteration, repair or service by anyone other than a licensed contractor or other than pursuant to the manufacturer’s instructions; (d) improper matching of System components; (e) improper sizing of the System; (f) improper or deferred maintenance contrary to the manufacturer’s instructions; (g) physical abuse to or misuse of the System (including failure to perform any maintenance as described in the Operation Manual, or any System damaged by excessive physical or electrical stress); (h) Systems that have had a serial number or any part thereof altered, defaced or removed; (i) System used in any manner contrary . Operation Manual; (j) freight damage; or (k) damage caused by force majeure or other factors such as power surge damage caused by lightning and fluctuations in or interruptions of electrical power.

 

THIS LIMITED WARRANTY ALSO EXCLUDES: (a) SERVICE CALLS WHERE NO DEFECT IN THE SYSTEM COVERED UNDER THIS WARRANTY IS FOUND; (b) System installation or set-ups; (c) adjustments of user controls, or (d) Systems purchased or installed outside Canada.  Consult the operating instructions for information regarding user controls.

 

This Limited Warranty shall not be enlarged, extended or affected by, and no obligation or liability shall arise or grow out of, JMB Renewables LLC. providing, directly or indirectly, any technical advice, information and/or service to Owner in connection with the System.

 

Except as otherwise provided in this limited warranty, JMB Renewables LLC. makes no other warranties of any kind whatsoever regarding the system. JMB Renewables LLC. disclaims and excludes all warranties not expressly provided herein and all remedies which, but for this provision, might arise by implication or operation of law, including, without limitation, the implied warranties of merchantability and of fitness for any particular purpose. No one is authorized to change this limited warranty in any respect or to create any other obligation or liability for JMB Renewables LLC in connection with the system. JMB Renewables LLC. disclaims all liability for the acts, omissions, and conduct of all third parties (including, without limitation, the installing contractor) in connection with or related to the system.

 

Under no circumstances shall JMB Renewables LLC. be liable for any incidental, special or consequential damages including, without limitation, lost goodwill, lost revenues or profits, work stoppage, system failure, impairment of other goods, costs of removal and reinstallation of the system, loss of use, injury to persons or property arising out or related to the system whether based on breach of warranty, breach of contract, tort or otherwise, even if JMB Renewables LLC. has been advised of the possibility of such damage. In no event shall JMB Renewables LLC liability exceed the actual purchase price of the system with respect to which any claim is made.

 

Restriction of The Period Limitation of Action:

Any legal action relating to this Agreement or breach thereof shall be commenced within one (1) year from the date of the work.

 

Alterations:

Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by JMB Renewables LLC, will be cause to terminate JMB Renewables LLC obligation under the contract.

 

Basis of Quotation:

All increases in labor and/or material cost arising after the date of quotation may be recovered from the Customer unless the quotation expressly excludes this condition.

The quotation(s) are based on the work being performed during normal working hours, Monday to Friday.

Variations or additional work shall be charged on time and material basis unless subject of a separate quotation accepted by the Customer.

The laying of cables and conduits runs is by shortest practicable routes.

Work by other Trades, any statutory fees, or charges for work requested by Local Authorities is not included unless specified.

While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.

Materials, equipment, and methods may vary from blueprints or notes provided, but at all times will meet or exceed local electrical code.

Blueprint locations are to be used as a guideline, but field conditions determine final locations.

 

Pricing:

(A) If there is any error or omission in the Quote JMB Renewables LLC reserves the right to change the contract sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Prices quoted are subject to final costing assessment by JMB Renewables LLC.

(B) Upon acceptance of the Quote by the Customer, JMB Renewables LLC may require a deposit to be paid prior to any Works being commenced by JMB Renewables LLC. This deposit is at the sole discretion of JMB Renewables LLC.

(C) Notwithstanding any other clause, the contract sum on the Quote will only be valid for 30 days from the date of the quotation. JMB Renewables LLC reserves the right to make any changes to the Quote if the 30 days lapses.

(D) At JMB Renewables LLC ’s sole discretion a portion of or the full amount of the deposit may be non-refundable. The amount that is non-refundable is a true estimate of costs and expenses spent to date.

(E) JMB Renewables LLC reserves the right to make any changes to the quotation including but not limited to the contract sum if either: (i) a variation is requested by the Customer, or (ii) a Quote has not been fulfilled within 30 days of the date the Quote was produced. Any variation from the quotation, schedule works or specifications will allow JMB Renewables LLC the right to stop the progress of any works until JMB Renewables LLC and the Customer agree to changes. Payment for all variations must be made in full at the time in which they are raised.

Homeowner and the JMB Renewables LLC may agree to change any term of the home improvement contract if any such change or addendum to the contract is in writing, signed, and dated by the homeowner and the JMB Renewables LLC.

 

Unforeseeable Conditions:

Customer agrees to pay all costs arising from unforeseen issues such as unsafe or illegal conditions, rot or mold, inspector requirements, overlooked conditions, identifying and removing hazardous materials (lead paint, solvents, asbestos, etc.) after the project has begun. If such circumstances arise, JMB Renewables LLC will determine with Customer the scope of extra work, costs involved with remedying the unforeseeable conditions, and a date for payment through a written Change Order.

 

Completion:

The Contractor shall endeavor to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the Contractor’s control.

(A) Any date or time quoted for delivery and completion of the Works is an estimate only and JMB Renewables LLC shall endeavor to complete the Works at a time or times required by the Customer, but failure to do so shall not confer any right of cancellation, termination or refusal of delivery on the Customer’s part or render JMB Renewables LLC liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.

(B) The Customer will not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labor, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any Laws, regulations, Governments or agency’s thereof and any other cause beyond the control of JMB Renewables LLC or any other cause whatsoever.

Consequential Loss or Damage

The Contractor will take reasonable care but accepts no liability for damage to gutters or other fixtures and fitting which must be moved by the Contractor or his workmen in order to carry out the Contract Works. Without prejudice to this, the Contractor will maintain adequate Liability Insurance cover for at least the duration of the Contract.

 

Design:

Any design information carried out or provided by JMB Renewables, remains our copyright and is offered on the basis that the works shall be totally carried out by the Contractor.

Customers Acknowledgements

(A) It is the sole responsibility of the Customer to check and confirm the order with JMB Renewables LLC prior to signing the Quote. JMB Renewables LLC will not be held liable for incorrect orders.

(B) It is the responsibility of the Customer to ensure that the Works can be completed without interruption, in a continuous workflow and on the mutually agreed date. JMB Renewables LLC reserves the right to charge the Customer any extra costs incurred by JMB Renewables LLC by virtue of interruption including but not limited to additional return to site charges and travel costs. The customer shall be fully responsible to ensure that roofing any other installations not specified within this quotation do not foul the work area and associated areas. The customer shall be fully responsible for any necessary foundations.

(C) The Customer shall ensure that JMB Renewables LLC has clear and free access to the work site at all times to enable them to carry out the Works. JMB Renewables LLC shall take all due and reasonable care when delivering and installing the product/s in accordance with the Terms and Conditions. JMB Renewables LLC. shall not be liable for any loss or damage to the site.

 

Termination:

If a Customer cancels or alters any order or part order for any product at any time after JMB Renewables LLC has received the order then JMB Renewables LLC reserves the right to charge to the Customer the cost of any product/s, materials or permit fees already acquired for the order together with cost of labor and tooling expended to the date of such cancellation or alteration. This is a genuine estimate of costs and expenses incurred by JMB Renewables LLC.