General Terms
After the contract has been signed and the deposit is received, Dalmen Pro promises to complete the work stated in this contract to the high standards set within the company and in adherence with generally accepted industry practices and regulations.
The customer identified in the attached quotation [“Customer”] has accepted the quotation [the “Quotation”] and these terms and conditions [the “Agreement”]. If Customer, whom the materials have been sold to, requests supply only, then the Agreement is for supply only and the Agreement is between Customer and Dalmen Products Ltd. [the “Company”]. If Customer has requested supply and install, then the Agreement is between Customer and DPRO Inc. as the Company.
The “Work” is described in the Quotation. Prices for the Work are in Canadian dollars. Any delay in the performance of the Work caused by Customer’s actions will subject prices to increase during that period of delay and Company may charge Customer with incurred storage fees.
Payment
Before the installation starts, a 25% down payment is required. The remaining balance will be due when the installation is complete. All deposits are non-refundable.
We accept several payment options: cash, cheques, credit cards (MasterCard and Visa) and financing options. For more details, please consult our sales expert.
Customer shall pay Company’s invoices within 28 days of receipt. Company shall be entitled to deliver monthly invoices for the progressive value of the Work. Customer shall pay interest on overdue accounts at the rate of 2% per month, compounded monthly, which is the effective annual rate of 26.82%. Customer agrees to indemnify for and pay all costs (including legal fees) incurred by Company for enforcing this Quotation. Company may at any time decline to make delivery or perform the Work if Customer has outstanding amounts that are overdue on this project or any other project.
20/20 Warranty
Dalmen Pro’s 20/20 Warranty covers all parts & labour for 20 years on products and installation completed by us. The warranty is transferable and is not pro-rated. Click here to learn more. Dalmen Pro is not liable for any natural fading of coloured products.
In the event of a defect in the Work, Company may, in its sole discretion, inspect and correct the Work, have a third party correct and inspect the Work, or reimburse Customer for the cost of correcting the Work. Failure of Customer to provide Company with access to the Work shall constitute a breach of this Agreement. Company will not be liable for damages that are a result of improper use of the materials, poor maintenance of the materials, or negligence, including improper installation on the part of Customer or any person other than Company.
Timeline
You will be notified of the approximate time frame for the completion of the installation when the contract is signed. Although we cannot guarantee this, typically the installation is completed within the estimated time frame. We will put forth our best efforts to get it complete within the estimated time frame. All dimensions indicated on the contract are approximate and will be later clarified by an installation manager or qualified installer.
Once the down payment is received and processed, and the elapse of the 10-day cooling off provisions of the Consumer Protection Act, 2002, the products that you have chosen for the installation will be ordered and produced.
Once all the products are complete and ready to install, we will contact you to set up an installation date and time that will be convenient for you.
Completion dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Work on or before the estimated delivery date, will notify Customer if the estimated delivery dates or meeting any other requirements in this Agreement cannot be honoured, and will deliver the Work as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery times.
Limitations and Liability
We do not offer monetary compensation for time spent or wages lost caused by delays (on the part of the client) or cancellations during the installation.
Dalmen Pro is not responsible for concealed damage inside the wall which includes, but is not limited to, rot, water damage and insufficient framing. If rot is found around the work area, it is the responsibility of the customer to ensure that there is 3 feet of space from the window(s) or door(s).
Before the installation begins, the customer is responsible for the removal of window coverings (should there be any) such as blinds, curtains, curtain rods and brackets. Once the work is complete, it will be up to the customer to complete its re-installation. Similarly, any shrubs, plants or flowers should be removed before the installation.
In the event that a building permit is required this becomes the responsibility of the home owner.
Dalmen Pro is not responsible for electrical wiring. This includes, but is not limited to, alarm systems, door bells, junction boxes.
If drywall repairs are needed before the installation process begins, our installers will apply the first coat of mud. If needed, the customer is responsible for sanding and any extra coats.
We will do our absolute best to find the exact match between the products, the caulking and the aluminum capping. However, there are some colours that are not available for these things. In this case, we will use the colours that match the closest to the window or door.
Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to immediately terminate this Agreement or suspend performance by delivery of written notice declaring termination, upon which event Customer shall be liable to Company for all the Work furnished to date and all damages sustained by Company: (1) any failure by Customer to pay amounts when due; (2) if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors; (3) any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) any failure by Customer to perform or comply with any provision of this Agreement.
Third Party Contracting
If electrical, plumbing or alarm system work needs to be completed in order to start the installation, we reserve the right to contact the appropriate person (e.g. electrician) to complete the work. All related charges will be included in the customer’s invoice.
Post-Installation Service and Follow Up
If you encounter any problems with your products or the service that was provided, please contact us and request to speak to the sales and/or installation expert that completed the work.
A few days after the installation is complete, one of our installation experts will give you courtesy call to make sure that everything with the service that was provided is still satisfactory.
In Addition To The Above Noted Terms
• The parties agree that the Company is not providing any consulting or design services to Customer under this Agreement.
• Customer may cancel this Agreement at any time upon delivery of the value of the Work that has been delivered. In the event Customer cancels this Agreement, Customer will forfeit its deposit unless the manufacturing of the materials has not yet begun.
• The parties accept the jurisdiction of the Ontario Courts over all matters and that this Agreement shall be governed by the laws of the Province of Ontario.
• The obligations of Company under this Agreement is subject to the ability of Company to supply the Work consistent with any applicable laws and regulations [“Laws”]. Company reserves the right to refuse to execute, perform or cancel this Agreement if Company, in its sole discretion, determines that performance of this Agreement would violate the Laws.
• All notices or other communications under this Agreement shall be in writing and shall be deemed given no later than the date actually received.
• This Agreement which includes any documents incorporated herein by reference sets forth the full and complete agreement between Customer and Company regarding the Work and supersedes any and all prior or contemporaneous proposals, agreements, understandings, representations, statements and courses of conduct between the parties regarding the Work made prior to the execution of this Agreement. The remedies set forth in this Agreement shall be the sole and exclusive remedy for any breach of this Agreement. This Agreement may not be amended, modified or terminated except by a written document signed by the parties. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of Company. This Agreement may be executed in several counterparts with the same force and effect as if executed in a complete document. Facsimile or electronically transmitted signatures will have the same force and effect as original signatures.
• NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST PROFITS) EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH THE PROVISION OF THE WORK OR OTHERWISE UNDER THIS AGREEMENT EXCEED THE ENTIRE AMOUNT PAID TO COMPANY BY CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR AN AMOUNT GREATER THAN HAS BEEN PAID TO IT UNDER THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
