TERMS OF SERVICE

The undersigned represents that he/she is the owner of the property or the owner’s agent, and has the authority to order said work as described on the reverse side. Ember Mechanical Inc (“Ember Mechanical”) hereby discloses and the undersigned, (hereinafter referred to as “owner”) hereby acknowledges that aged and deteriorating plumbing or piping, and appurtenances may no longer be serviceable. They also acknowledge that Ember Mechanical agents may not know that until a significant amount of work has been done to reach the parts of the plumbing or piping fixtures that are damaged. Owner hereby agrees to hold Ember Mechanical harmless from and defend Ember Mechanical against any and all claims or liability for damage to those items or otherwise resulting from conventional repair efforts.

Owner agrees that he/she will not hold Ember Mechanical responsible for any manufactured defects of any parts used by Ember Mechanical in the repairs described on the reverse page. While Ember Mechanical may use those parts, they did not manufacture them, and make no warranties whatsoever as to any parts utilized. Owner agrees to indemnify and hold harmless Ember Mechanical from any defects in said parts.

Ember Mechanical further states that the owner recognizes that Ember Mechanical has not made any representations that they are the cheapest or most economical plumbing firm in the area. Owner recognizes that there may be service providers willing to do the work described on the reverse side of this page at a lower price. Owner understands that he/she has the option of seeking other bids before authorizing the work to be done.

In the event that owner is in breach or otherwise defaults under the terms of this agreement, such as not paying the price in full or stopping payment on a check written, etc., or sues to reclaim the fees paid, that owner shall be liable to Ember Mechanical for all expenses, including reasonable and necessary attorney’s fees, court cost, litigation and other expenses of any kind incurred by Ember Mechanical as the result of owner’s default and/or breach of contract, whether or not litigation is commenced as a result of said default and/or breach. The provisions of this section shall survive completion of the work outlined on the reverse page and final payment by the owner.

It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the Province of Alberta.

Ember Mechanical, in the case of owner bringing action against Ember Mechanical, shall be entitled to recover their lost time from other work, the cost of having technicians available either for depositions or testimony at trial, or for any other matter, caused by owner, and any other out-of-pocket costs that Ember Mechanical may suffer by action of the owner.

Owner shall not be entitled to any damages from Ember Mechanical, should they seek damages for any reason, other than those specifically referring to repairing or replacing the plumbing or piping damaged by the work described on the reverse page. Under no circumstances will the owner be entitled to any type of consequential or incidental damages such as lost wages, attorney’s fees, expert opinion fees, etc.

The owner hereby states that he/she has read the above, understands all the above terms and is authorizing the work described on the reverse side. Owner understands that payment for this work is due at time the work is completed, on site, and shall be tendered to the Ember Mechanical agent on the premises. Extended due dates are issued to any invoice totaling greater than $3,000. The aforementioned extension offered will be 15 days from the date of invoice issued. Any return checks, either from non-sufficient funds, closed accounts or stop payment, will be charged a $125 fee, as well as any other legal redress available to Ember Mechanical. A late charge of 5% per 30 days, to a maximum of 25% for the first year, or 25% per year, will be charged for all balances past due. Owner agrees to pay all of these costs in non-payment by the owner, as well as all of the other expenses and costs described on the reverse side.

This shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party to accept to the extent incorporated in this agreement. Any modifications to this agreement shall be in writing and signed by each party or an authorized representative of each party.