Master Service Agreement
This Service Agreement ("Agreement") governs the relationship between The Backyard Depot ("Contractor") and the individual or entity ("Client") requesting services as outlined in the project estimate or quote.
1. Purpose
This Agreement establishes the general terms and conditions under which the Contractor provides contracting, installation, maintenance, repair, renovation, landscaping, and related services.
2. Scope of Services
The Contractor may provide services including but not limited to: Installation, Construction, Maintenance, Repair, Renovation, Landscaping, Property improvement, Inspection, and Consulting services.
3. Estimates, Quotations, and Work Orders
All services shall be authorized through written or verbal authorization confirmed by Contractor. These documents are incorporated into this Agreement by reference.
4. Independent Contractor Status
The Contractor is an independent contractor and is not an employee, agent, partner, or joint venture with the Client.
5. Client Responsibilities
The Client agrees to: Provide safe access to the site; provide accurate site information; and secure pets, children, and valuables.
6. Site Conditions
Contractor is not responsible for unknown/concealed conditions (structural defects, hidden damage, undisclosed utilities).
7. Changes to Services
Contractor reserves the right to modify scope for site conditions or safety. Changes will be documented via Change Orders.
8. Materials
Contractor reserves the right to use industry-standard materials. Substitutions may occur based on availability.
9. Access
Client grants reasonable access for tools and equipment. Contractor is not responsible for damage to concealed structures.
10. Project Timelines
Timelines are estimates. Contractor is not responsible for delays caused by weather or supply chain issues.
11. Insurance and Safety
Contractor maintains appropriate insurance (General Liability/WSIB) and safety practices.
12. Warranty
Contractor warrants workmanship for 1-year standard. Material warranties are provided by manufacturers.
13. Limitation of Liability
Liability is limited to direct damages only. Contractor is not liable for indirect or consequential damages.
14. Indemnification
Client agrees to indemnify Contractor from claims resulting from Client negligence or misuse.
15. Right to Suspend Service
Contractor may refuse/suspend services if conditions are unsafe or Agreement is violated.
16. Payment Terms
Standard terms include a 25% non-refundable deposit. Late balances beyond 15 days subject to 2% monthly interest.
17. Lien Rights
Contractor reserves rights to register construction liens or legal hypothecs for non-payment.
18. Ownership of Materials
All supplied materials remain Contractor property until paid in full.
19. Termination
Contractor may terminate for breach. Termination does not waive rights to payment for work completed.
20. Force Majeure
Contractor is not liable for delays caused by weather, natural disasters, or government actions.
21. Governing Law
Governed by the laws of the Province where services are performed (Ontario or Quebec).
22. Dispute Resolution
Parties agree to good faith negotiation prior to legal proceedings.
23. Severability
If any provision is deemed invalid, remaining provisions remain enforceable.
24. Entire Agreement
Constitutes the entire agreement unless superseded in writing.
25. Acceptance
Requesting services or making payment constitutes agreement to these terms.
26. Non-Payment Enforcement
Failure to pay constitutes a material breach. Contractor may suspend services or reclaim materials.
27. Legal Fee Recovery
Client is responsible for all enforcement costs: legal fees, court costs, and collection fees.
28. Price Escalation
Contractor reserves the right to adjust pricing for supplier increases or shortages.
29. Access Delay
If access is delayed by Client, Contractor may charge administrative fees.
30. Remobilization
Remobilization fees apply if Contractor must return due to site unreadiness.
31. Financing
Financing approval does not relieve Client of payment obligations to Contractor.
32. Personal Guarantee
Individual authorizing services for a corporation personally guarantees payment.
33. Interest
Unpaid balances accrue interest at the maximum legal rate from the due date.
34. Credit Reporting
Unpaid accounts may be referred to collection agencies and reported to credit bureaus.
By engaging The Backyard Depot, you acknowledge and agree to the 34 clauses of this Master Service Agreement.