Terms and Conditions

 

  1. These Terms & Conditions apply to any work performed and materials supplied by Blue Wagon Inc. (“Blue Wagon”) and shall govern unless expressly modified or excluded in writing by both parties. The signing of these Terms & Conditions by the Customer(s) (“Customer”) forms a binding contract between Blue Wagon and the Customer.

  2. The Customer is responsible for identifying any obstructions that could cause harm to workers, including but not limited to sprinklers, water mains, stumps, wires, and pet droppings. Blue Wagon will not be responsible for damage to unidentified obstructions.

  3. The Customer is responsible for treating all Blue Wagon employees and subcontractors in a professional and courteous manner. The usage of swearing, discrimination and other derogatory language or actions directed at Blue Wagon employees and subcontractors will result in the immediate termination of service in accordance with the terms & conditions set forth in this document.

  4. The performance of any services may be temporarily delayed on account of the weather. Every effort will be made to ensure any delayed services are rescheduled to the soonest possible weather permitting date.

  5. All invoices will be rendered at the end of the agreed-upon Billing Period.

  6. Unless previous arrangements have been made for payment by post-dated cheque or automatic debit or credit card payment, all invoices are due and payable within 72 hours of receipt by the Customer.

  7. Credit card payments will be processed on the 1st and 15th day of each month repeat services are provided.

  8. Past due payments will be charged daily interest at the rate of 20%  or the highest permitted rate per annum.

  9. Blue Wagon reserves the right to discontinue services either temporarily or permanently on three (3) days’ notice and without notice in the event of circumstances beyond the control of Blue Wagon.

  10. The contract created by this Customer Order Form may be terminated by the Customer at any time upon providing Blue Wagon with 48 hours’ notice, provided that if the Customer cancels services without providing said notice, then Blue Wagon will have the right to invoice the Customer and the Customer shall pay for the full agreed to be paid for that Billing Period.

  11. Due to the unpredictability of weather, Blue Wagon does on provide any warranty on installed plants including, without limitation, sod, flowers, and bushes. Any supplier warranties will be passed on to the Customer to the extent such warranties are transferable.

  12. Blue Wagon will take all commercially reasonable steps to protect and keep private any Customer information collected by Blue Wagon in accordance with legal requirements. Blue Wagon may disclose such information to employees of Blue Wagon to the extent necessary to perform the services or where disclosure is required by law.

  13. Blue Wagon will use commercially reasonable best efforts to ensure Customer satisfaction when on the job site and in its relations with the Customer.

  14. Blue Wagon will make commercially reasonable efforts to complete all work in the agreed-upon time frame.

  15. Blue Wagon’s liability hereunder is limited to refunding the Customer the agreed-upon fee less the value of any materials retained by the Customer. Under no circumstances shall Blue Wagon be liable for any special, incidental, or consequential damages.

  16. Blue Wagon’s obligations to perform the work are limited to the work specified in the quote and any mutually agreed upon changes made in writing for which Blue Wagon and the Customer shall agree on any additional charges. Notwithstanding the generality of the foregoing, the Customer shall be solely responsible to maintain any work done.

  17. The Customer acknowledges that changing weather conditions can create dangerous conditions which can occur suddenly, frequently, and without warning and that such conditions are impossible to prevent or correct. The Customer acknowledges that the Customer is aware of risks associated with traversing across driveways, walkways, or parking lots affected by winter weather conditions. The Customer acknowledges that Blue Wagon shall not be responsible for, and hereby waives any claims against Blue Wagon, for personal injury of any kind resulting from natural or unnatural accumulations created by the actions of the Customer or other parties. The Customer further acknowledges that Blue Wagon is only required to use commercially reasonable care in performing the services.