STANDARD TERMS & CONDITIONS
For the most current updates and changes to our Terms & Conditions, please visit: wenner.ca
SCOPE OF WORK
Wenner (“O.R. Wenner Ltd.”, “Wenner Security Inc.”, or “Wenner Investments Inc.”) will provide the equipment and personnel required to complete your (the “owner/contractor”) project to the specifications and descriptions agreed upon in the Sales Proposal document and any Change Orders / Proposal Adjustments or Service Orders completed thereto (the “Proposal”) at the location identified in the Proposal (the “Property”).
All material and equipment will be installed in a manner consistent with standard practices at this time.
Wenner reserves the right to substitute discontinued equipment with current models of equal or greater value and provides this service unless otherwise notified in writing by the owner/contractor.
EXCLUSIONS & EXTRA CHARGES:
This Proposal does not include costs associated with any related work or materials including but not limited to electrical, drywall, HVAC, painting, patching, trenching, landscaping, core drilling, venting and sealing of roof penetrations, are not included unless specifically documented in the Proposal.
Environmental and network factors can affect system performance, additional equipment may be required if system is not performing to its full potential; this additional equipment along with any associated additional material and labour will be charged as an extra. Additional fine-tuning may also be required once installation is complete.
Additional time spent dealing with utility/communications providers will be charged on a time and material basis. Additional charges billed by utility/communications providers are not included in the Proposal and shall not be responsibility of Wenner. Installation, training, programming or testing of or for any item not specifically stated in the Proposal will be subject to additional charges.
The cutting or coring into finished ceilings, walls or millwork for the securing of fixtures is to be performed by others. If this scope of work is performed by Wenner, additional charges may apply.
The fitting or hanging of light fixtures or electrical outlets on glass or mirrors is to be performed by others. If this work is performed by Wenner at the request of the client, it will be on a “all care and no responsibility” basis.
Electrical Permits if not specified as a specific charge in the Proposal will be passed on at our charged cost plus an Administration Fee which will be charged as necessary.
Shipping and handling charges that may be incurred by Wenner on materials, fixtures and equipment orders shall be charged as an extra.
Any deviation, alteration, modification or change from this Proposal could incur additional labour and material charges and are referred to as Proposal Adjustments. Invoicing for Proposal Adjustments to be issued at the completion of construction milestones (electrical service, rough-in completion, finish completion) and at which time an invoice will be raised as a one-off or as part of the next billing cycle. Instructions to make changes / additions / deletions may be given either verbally or in writing by the owner/contractor/designer or person authorized by the owner/contractor to give such instructions. Once given such instructions, Wenner will endeavor to provide a written Proposal Adjustment as soon as practically possible but its forwarding to the owner/contractor may be prior to, or during, or following the actual supply and installation of such requested additional products and services.
Travel time required for extra work and materials is billed from “door to door” meaning the time it takes Wenner to travel from its location to the requisite supplier to pick up materials and thereafter to the Property. All such requested Proposal Adjustments shall not invalidate the Proposal but be deemed an amendment to it.
Labour Rates for Proposal Adjustments are as per the below table:
Description of Labour Hourly Charge Out Rate
Advanced Automation Programming $150.00
Integration Project Manager $107.00
Lead System Designer $102.00
Electrical Project Leader $97.00
Lead Audio Video Integrator $97.00
Security Technician $97.00
4th Year Electrical Apprentice $92.00
3rd Year Electrical Apprentice $82.00
1st and 2nd Year Electrical Apprentice $72.00
An Administration Fee of $40.00 or 2% (whichever is the greatest) will apply to each Proposal Adjustment created.
Invoices shall be prepared as follows:
Construction Deposit: Where applicable, all new projects will be billed a 10% Construction Deposit upon signed acceptance of the Proposal. The Construction Deposit invoice will be presented prior to actual commencement with payment due prior to any site work commencing.
Progress Claims: Once projects commence a Progress Claim will be raised every 2 weeks. This Progress Claim will constitute a percentage or dollar amount (as warranted) of the “Rough In” Stage until the entire “Rough In” is completed. “Rough In” will constitute 70% of the complete project. The “Finish” Stage will also be billed on a biweekly Progress Claim basis. The Final Invoice will be for the finished project.
Proposal Adjustments: All Proposal Adjustment Invoices will be raised upon completion of the scope of work specified in the Proposal Adjustment, with the exception being when a deposit payment is required for any significant materials that are included in the Proposal Adjustment.
Fixtures/System Equipment: All fixtures and/or Audio / Video, Automation equipment will be invoiced upon acceptance by the owner/contractor of the Proposal for such equipment and paid in a timely manner allowing for sufficient lead time for the equipment to be procured to ensure that there are no installation delays.
Time & Material Projects: Projects that are agreed to be completed on a Time and Material basis (in part or in their entirety), will be invoiced as such, with Labour charged as per the table in these Terms and Conditions and Materials as per the specified prices in the invoice.
Payment of all invoices will be due upon receipt of the invoice, unless other terms are stated thereon (unless alternative arrangements have been made). Any invoices not paid within 30 days from the due date on the invoice will be considered past due and charged interest at the rate of 2% per month until paid in full.
Any invoices outstanding after 90 days from date of invoice will be sent to a collections agency. All costs associated with collections including interest owed to Wenner will be the responsibility of the client or contractor.
It is agreed that title to all material shall remain the property of Wenner until delivered to site, at which time the material shall become the property of the owner/contractor. Any insurance of such material will become the responsibility of the owner / contractor once the material is on site.
Warranty shall apply exclusively to the installation of materials, fixtures and equipment by Wenner. Warranty shall commence from the date of final invoice for a maximum period of one (1) year (the “Warranty Period”) unless specified otherwise.
Material, fixtures, equipment and other items supplied by others (which shall be as warranted by the manufacturer).
Labour required to fix manufacturer defects before, during or after the Warranty Period.
Labour or materials required to repair services provided by utility and/or communications companies.
Warranty or service will not be performed if any payments according to this proposal become past due, including payments regarding Proposal Adjustments.
All equipment furnished by the owner/contractor, such as televisions, satellite boxes, etc. are expressly excluded from any warranty provided by Wenner and any warranty of said owner furnished equipment is hereby expressly disclaimed.
THIS WARRANTY IS VOID if the installed equipment, fixtures or materials has been adjusted, reset, reconfigured or in any way modified by you or another party.
Environmental and network factors can affect system performance, additional equipment may be required if system is not performing to its full potential. Material and labour will be charged as an extra.
Your Home Automation system may need fine tuning after final installation. Please refer to your WennerCare Package for the specifics of your service agreement (if applicable).
LIMITATION OF LIABILITY & DISCLAIMER:
All project timelines are approximate. Wenner shall have no responsibility for failure to perform or delays in performing due to circumstances outside of their control including, but not limited to: owner/contractor negligence and/or default; weather; acts of God; issues regarding the condition of the Property; strikes, or other labor disputes; accidents; governmental or municipal regulation or interference; shortages of labor or materials, delays in transportation, non-availability of the same from manufacturer or supplier; or other causes beyond Wenners’ control. In no event shall Wenner be liable for special or consequential damages whatsoever or however caused.
Owner/contractor will be in default if:
Any payment called for under this proposal and all authorized Proposal Adjustments becomes past due.
Any written agreement made by the owner/contractor is not promptly performed.
Any conditions warranted by the owner/contractor prove to be untrue.
Failure of owner/contractor to comply with any of the conditions of this proposal.
In event of owner/contractor default, in addition to all remedies available to Wenner in law or equity, Wenner may do any or all of the following:
Suspend the work and remove its material/equipment from the premises.
Remove any of the Wenner supplied material/equipment, whether or not it has been installed and whether or not is has been placed in operation. In this regard, owner/contractor agrees that Wenner may enter upon owner/contractor property for the purpose of repossessing such equipment without liability to owner/contractor for trespass or any other reason.
Retain all monies paid hereunder, regardless of the stage of completion of the work and bring any appropriate action in court to enforce its rights. The owner/contractor agrees to pay all costs and expenses, attorney’s fees, court costs, collection fees (including fees incurred in connection with appeals) incurred by Wenner in enforcing its rights under this proposal.