Wenner (“O.R. Wenner Ltd.”, “Wenner Security Inc.”, “Intuitiv. Homes”, 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.
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, mill work, vent-ing 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 r-quired 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 per-formed 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.
Decorative, Accent and specialty lighting will be charged on a time and materials basis.
Shipping and handling charges that may be incurred by Wenner on materials, fixtures and equipment orders shall be charged as an extra.
Travel time is excluded from proposals and billed separately unless specifically noted in the proposal.
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 submitted at the completion of each building phase (site servicing, rough-in, finishing and commissioning)if applicable.
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. At any point the builder and/or home owner can requested a current statement of active change orders. These requests can be submitted to email@example.com or to your project contact(s).
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 theProperty. 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:
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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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 “WarrantyPeriod”) unless specified otherwise. Warranty does not apply to:
1. Material, fixtures, equipment and other items supplied by others (which shall be as warranted by the manufacturer).
2. Labour required to fix manufacturer defects before, during or after the Warranty Period.
3. 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, re-configured 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 Automation system may need fine tuning after final installation. Please refer to your WennerCare Package for the specifics of your service agreement (if applicable).
All project time lines 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/delays/restrictions in relation to Covid-19, including restrictions imposed by Canadian or local international governments, 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:
1. Any payment called for under this proposal and all authorized Proposal Adjustments becomes past due.
2. Any written agreement made by the owner/contractor is not promptly performed.
3. Any conditions warranted by the owner/contractor prove to be untrue.
4. 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:
1. Suspend the work and remove its material/equipment from the premises.
2. 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.
3. 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.
Information You Provide:
We may ask you to provide personal information when you visit our Sites, use our products, register for
a program or service, subscribe to a newsletter, respond to a survey, fill out a form, or in connection with other activities, services, features or resources we make available to you from time to time. We may ask you for: your name, title or position, email address, mailing address, phone number, financial information, and other personal information as appropriate. Additionally, we may request information about the Wenner products you use, or third-party products connected to your Wenner system, such as model or serial numbers. In the case of a technical issue, we may also collect information relating to a support or service incident. Please note that we do not intentionally collect any sensitive personal information relating to confidential medical facts, racial or ethnic origins, political or religious beliefs or sexuality; please do provide any of this type of information to us.
Your personal information and data files are stored on Wenner servers and the servers of companies we hire to provide data storage services to us. Wenner takes precautions including industry standard administrative, technical, and physical measures that are designed to safeguard the personal information collected from visitors and customers against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration and destruction. When you enter personal information on our forms, we encrypt this data using SSL or other technologies. These technologies are designed to protect the confidentiality of your personal information when it's transmitted over the Internet. Notwithstanding all of our efforts, no security controls are 100% effective and Wenner cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that your personal information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with any applicable laws and regulations.
Wenner may also disclose your personal information to a third party if required to do so by law or if, in good faith, Wenner believes that such action is necessary to: (i) comply with the law or with legal pro-cess; (ii) protect and defend the Wenner rights and property or prevent fraud; (iii) protect Wenner against abuse, misuse or unauthorized use of Wenner products or services; or (iv) protect the personal safety or property of personnel, users or the public.
Wenner takes reasonable steps to ensure that your personal information we process is accurate, complete and current by using the most recent information provided to us. As a visitor or consumer, you are always entitled to access and update your personal information or modify communication preferences by contacting:
Wenner (O.R. Wenner LTD.)
101 1934 Boxwood Road
Nanaimo, BC, Canada V9S 5Y2