“Claim” means the assertion of a legal right or claim by any method, whether arising out of contract, from common law or statute, in tort, in equity, in property or otherwise;
“Home or Business” means the Installation site, being the Customer’s residence or place of business, as the case may be, at the address indicated above;
“Installation” means the installation of the Shut-off Valve;
“Losses” means losses, costs, damages, expenses, charges, fines, penalties and other liabilities, and reasonable legal fees and disbursements;
“Non-Conformance” means any non-conformity, inadequacy, error, defect, default, deficiency, omission or failure in or relating to the Shut-off Valve or the performance by NBP of the Installation in accordance with this Agreement;
“Party” means the Customer or NBP;
“Personal Information” has the meaning assigned to that term in the Right to Information and Protection of Privacy Act (c. R-10.6);
“Shut-off Valve” means a cold water shut-off valve for the purpose of isolating the water heater at your Home or Business in compliance with the Canadian Plumbing Code;
“you”, “your” and “yours” refer to the Customer;
NBP or its authorized contractor will perform the Installation in a competent and professional manner in accordance with industry standards. You will grant to NBP and its authorized contractors reasonable access to the Home or Business to perform the Installation. You warrant that you have sufficient ownership interest in the Home or Business to perform your obligations, and grant NBP its rights, under this agreement, and that no person who is not a Party to this agreement has any legal or equitable property interest in your Home or Business, apart from any mortgagee. You acknowledge and agree that NBP may refuse to complete the Installation until the Customers’ main Home or Business shut-off valve is, in NBP’s reasonable opinion, in proper working condition.
- Warranty - The limited Shut-off Valve and Installation warranty will be in effect for a period of 30 days from the completion of the Installation (the “Warranty Period”). If you notify NBP within the Warranty Period of any Non-Conformance, NBP will, at its sole discretion and expense, promptly correct the Non-Conformance.
- Ownership – Once the Installation is complete, the Shut-off Valve will become your property. All repairs or replacement after the end of the Warranty Period are your sole responsibility.
- Cost - You will pay NBP $150.00 plus applicable taxes for the Shut-off Valve and Installation, payable on your next monthly invoice following completion of the Installation.
- Limitation of Liability - Despite any other provision of this agreement, NBP will not be liable to the Customer for any Losses or Claims of an indirect, incidental, contingent, special, consequential or punitive nature, including any losses of profit or anticipated business, irrespective of whether or not the Customer has been advised, or otherwise might have anticipated the possibility of such loss or damage. NBP is not responsible for any Claims or Losses arising from the partial or complete failure of the Home or Business’ main shut-off valve.
- Legal Advice - You acknowledge that you have been advised, and given an opportunity, to obtain independent legal advice concerning the interpretation and effect of this agreement. By signing this agreement, you acknowledge that you have either obtained advice or waived the opportunity to do so.
- Personal Information - NBP respects your privacy, and protects your Personal Information against unauthorized access, collection, use or disclosure in accordance with the New Brunswick Right to Information and Protection of Privacy Act. Personal information provided to NBP’s authorized contractors is protected in the same way.
Additional Terms and Conditions
- Unless the context requires otherwise, capitalized terms in this agreement will have the following meanings:
- “Business Day” means any day other than Saturday, Sunday or a statutory holiday under the laws of Canada or New Brunswick;
- “electronic signature” means an electronic representation of the manual signature of the person signing the document, or electronic information by which the person signing the document provides his or her name and indicates clearly that the name is being provided as his or her signature to the document;
- “main text” means the main body of the Shut-Off Valve Installation Agreement from the title to the signatures;
- Rules of Interpretation
- In this agreement: (i) words expressed in the singular include the plural and vice versa; (ii) words connoting gender include both genders; (iii) a derivative of a defined term will have a corresponding meaning unless the context requires otherwise; (iv) in the event of a conflict between a provision of the main text and this attachment, the main text will prevail; and (v) sums of money are expressed in Canadian currency.
- If any term of this agreement requires judicial interpretation, mediation or arbitration, the court, mediator or arbitrator will not apply a presumption that this agreement is to be interpreted more strictly against the party that prepared it.
- GENERAL PROVISIONS
- Any demand, notice or other communication (“Notice”) to be given under this agreement will be in writing and will be given by personal delivery, commercial courier service, registered mail (postage prepaid) or by electronic transmission and addressed to the applicable Party as indicated above: by personal delivery or commercial courier service, on the day of actual delivery; by registered mail, on the 5th Business Day following the deposit in the mail, except that in the event of an actual or threatened disruption of regular postal service, notice will not be effective if given by mail; and by electronic transmission, on the day of transmission.
- Either party (the “Waiving Party”) may, at its option, waive in whole or in part any failure by the other Party (the “Obligated Party”) to perform any of the obligations under this agreement. A waiver applies only to the specific matter it addresses, extends only to the Waiving party and will not prejudice the right of the Waiving party to require the subsequent performance by the Obligated party of any obligation under this agreement, including the waived obligation on subsequent occasions.
- Entire agreement. This agreement is a complete and self-contained record of the agreement between the parties. No promise, representation, commitment, agreement, negotiation or discussion by either party in any form, express or implied, that occurred before the execution of this agreement is of any effect with respect to the subject matter of this agreement.
- The Customer may not assign this agreement or any part of it without the written consent of NBP.
- This agreement may not be amended except by an agreement in writing signed by the parties or by their successors or permitted assignees.
- Survival of Provisions. Despite any other provision of this agreement, Section 6 of the main text and all other provisions which by their nature would continue beyond the termination or expiry of this agreement will survive and remain in force until the Parties agree to their termination.
- If any term of this agreement (the “Invalidated Term”) is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the Invalidated Term will not affect the remainder of this agreement and will be treated as being modified to the extent necessary to make it enforceable while preserving the intent of the parties expressed in this agreement.
- All rights and remedies under this agreement, or existing at law or in equity, will be cumulative and may be exercised concurrently.
- Unless otherwise stated in this agreement, no person not a Party to this agreement will be entitled to receive, or enforce by a claim for damages or otherwise, any performance or forbearance under this agreement.
- Signed Originals. A signed agreement delivered by electronic means is as valid as if delivered physically and will be treated as an executed original of this agreement. This agreement may be validly executed by electronic signature.
- Governing Law. This agreement will be governed by the laws of New Brunswick and Canada. In any legal proceeding, this agreement will be treated as having been performed in New Brunswick. Each party submits to the exclusive jurisdiction of the courts of New Brunswick for all matters arising from this agreement.
- Further Assurances. The Parties will promptly take any further steps and execute any other documents that as may be reasonably requested or necessary to give full effect to this agreement.
- Binding Effect. This agreement is for the benefit of and binds the Parties and their successors and permitted assignees.