Terms and Conditions

7. Quotations and their validity

Quotations are issued in writing following a site assessment or a remote assessment based on plans, measurements and photographs supplied by the client. A quotation is an offer to supply on the terms stated in it; it is not a contract until accepted in writing by the client and acknowledged by Greens Coolers.

Unless a different period is stated on the face of the quotation, a quotation remains open for acceptance for thirty days from its date. After that period, the quotation lapses and may be re-issued, which may involve revised pricing, availability or lead times. Quotations are based on material, equipment and freight costs applicable at the date of issue and on the site conditions recorded or represented at that time.

Where an assessment has been carried out remotely from client-supplied information, the quotation is conditional on those measurements and site details being accurate. Critical dimensions are confirmed before manufacture; where actual conditions differ materially from those represented, the quotation may require revision.

8. Scope, inclusions and exclusions

Each quotation states what is included and what is excluded. The exclusions are as important as the inclusions and should be read first. Matters that are commonly outside a supply-and-install scope unless expressly included are: provision of electrical supply to the equipment position; upgrades to the electrical service; structural works; floor preparation, levelling or replacement; drainage runs beyond the connection point identified; sprinkler modification; permit fees; asbestos or hazardous material surveys and remediation; removal and disposal of an existing installation; temporary refrigeration during a changeover; and making good of building finishes.

Work not described in the accepted scope is not included, regardless of any discussion, estimate or expectation not recorded in writing. Where the client requires additional work, it is quoted as a variation.

9. Client responsibilities and site readiness

Delivery and installation dates are offered on the basis that the site will be ready. Unless the quotation states otherwise, the client is responsible for ensuring that, before the agreed delivery date: the installation area is clear, clean and available for the agreed period; the floor slab within the footprint is sound, level and suitable to receive the installation; electrical supply of the specified rating is available at the position identified at design stage; a drainage point is available where required; the agreed access route from the offload point to the installation area is clear and unobstructed; a staging area for panels and materials is available; and all necessary permissions have been obtained, including landlord, property manager, building owner, condominium corporation and municipal approvals where applicable.

The client is also responsible for accurate disclosure of site conditions, including restricted loading hours, height and weight restrictions, lift dimensions, known structural constraints, and the presence of any hazardous materials.

Where the site is not ready on the agreed date, or where access is not available as represented, Greens Coolers may reschedule the work. Costs arising from an aborted or delayed delivery, standing time, return visits or additional handling caused by site conditions differing from those represented may be charged as a variation.

10. Delivery, access and installation assumptions

Delivery and installation dates are estimates given in good faith and are not guaranteed unless expressly stated as a contractual date in the accepted scope. Lead times depend on manufacture, freight, availability and site readiness, and may be affected by matters outside our reasonable control including supplier delays, transport disruption, adverse weather, labour disruption, utility interruption, and acts or omissions of other trades on site.

Unless otherwise stated, quotations assume: delivery to a single address during normal working hours; ground-level access or use of an existing goods lift of adequate dimensions; an access route capable of accommodating the panels and equipment as specified; parking and offloading available adjacent to the point of delivery; and a continuous installation period without interruption by other trades. Where out-of-hours, overnight or phased installation is required, it is quoted expressly and priced accordingly.

Risk in equipment passes to the client on delivery to site. Title to equipment passes on payment in full unless the accepted scope states otherwise. Where equipment is stored on site prior to installation, the client is responsible for its security.

11. Variations and changes

Any change to the specification, layout, programme or scope after acceptance is treated as a variation. Variations are quoted in writing, with any effect on price and programme stated, and proceed only once agreed in writing by both parties. Variations arising from concealed or unforeseen site conditions are handled the same way, and are raised as soon as the condition is identified rather than presented at the end of the project.

12. Completion, testing and acceptance

On completion, the installation is run down and temperature verified under realistic load, defrost and drainage are checked, doors are adjusted, and the controller is walked through with the client's staff. Written operating detail is provided.

The client is responsible for inspecting the work at handover and raising any defect or deficiency promptly and in writing. Where a minor deficiency remains outstanding, it is recorded and scheduled without preventing the balance of the work from being accepted. The client is responsible for operating and maintaining the system in accordance with the operating detail provided and the manufacturer's instructions.

13. Warranty

Warranty coverage applicable to equipment supplied and to installation workmanship is stated in the quotation for each project, since coverage varies by manufacturer, by system and by application. Warranty terms are provided in writing and take precedence over any general description on this website.

Warranty coverage does not extend to damage or failure arising from misuse, neglect, unauthorised modification or repair, operation outside the specified conditions, failure to maintain the system, power supply faults, environmental conditions beyond the design parameters, or work carried out by others.

14. Limitation of liability

To the fullest extent permitted by law, and except in respect of liability that cannot lawfully be excluded, the total aggregate liability of Greens Coolers Inc. arising out of or in connection with a project — whether in contract, tort, negligence, statute or otherwise — is limited to the amount paid by the client for the work giving rise to the claim.

Greens Coolers is not liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of business, loss of anticipated savings, business interruption, or loss of or damage to stock or product, however arising. Clients are strongly advised to maintain appropriate insurance covering stock and business interruption, and to implement independent temperature monitoring and alarms where product value warrants it.

Nothing in these terms excludes or limits liability for fraud, for death or personal injury caused by negligence, or for any other liability that cannot be excluded or limited under the laws of the Province of Ontario or of Canada.

15. Governing law, disputes and general provisions

These terms, and any contract for the supply of goods or services by Greens Coolers Inc., are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in that province. The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario.

If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force. A failure to enforce a provision is not a waiver of it. These terms, together with the accepted quotation, specification and scope for a project, constitute the entire agreement between the parties in respect of that project and supersede prior discussions and representations.

Questions about these terms should be directed to greenscoolers@gmail.com or (437) 922-5326. Details of how personal information is handled are in the privacy policy. Contact details and office hours are on the contact page, and the way projects are scoped and delivered is set out on the projects page and under design, delivery and installation.

Effective date. These terms take effect on the date they are published on this website and replace any previous version.