Warranty remark*
25 years transferable warranty, however, some materials we use are covered separately under Manufacturer Warranty, which might be longer or less than 25 years period, depending on the Manufacturer.
The Contract
The contract, in order to be a legal tax receipt or to be proof of payment, should include the signature of the homeowner and ROOTERWORX Representative and should be marked 'Paid in Full' by the ROOTERWORX authorized representative.
When there is a defect or incomplete work performed by ROOTERWORX, we require 'the client' to have an original contract or copy of the contract signed by both parties ROOTERWORX Representative and homeowner be present, the contract should be marked 'Paid in Full' by the ROOTERWORX legal representative.
Warranty
1. By law, ROOTERWORX excludes all warranties, statements, representations, conditions, promises, undertakings, and other provisions expressed or implied (and whether implied by law including a Parliament of Canada Act or otherwise), relating to the Work including supplying that might otherwise form part of these conditions or be collateral to these conditions. In no circumstance, including negligent acts or omissions by ROOTERWORX, will ROOTERWORX be liable to The Client for any special, consequential, direct or indirect loss, damage, harm, or injury suffered by The Client or any other person including without limiting the generality of the foregoing loss of market, loss of profit and loss of contract.
2. At ROOTERWORX's sole discretion ROOTERWORX may offer the following warranty. Subject to the conditions of warranty set out in Clause 3 ROOTERWORX Contractor warrants that if any defect in any workmanship manufactured by ROOTERWORX becomes apparent and is reported to ROOTERWORX within the Warranty Period (time being of the essence) then ROOTERWORX will either (at ROOTERWORX's sole discretion) repair the defect or replace the workmanship. Note that the work under the warranty should be performed during standard business hours only.
3. The conditions applicable to the warranty given by Clause 1 are:
a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- Failure on the part of The Client to properly maintain any Work, including but not limited to, failure to undertake regular servicing in accordance with the manufacturer's requirements; or
- Failure on the part of The Client to follow any verbal or written instructions or guidelines provided by ROOTERWORX or the Independent Manufacturer; or
- Any use of any Work otherwise than for any application specified on a quote or Final Invoice; or
- The continued use of any Work after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
- The use of the Work prior to ROOTERWORX completing the installation and/or commission of the Work; or
- Fair wear and tear, any accident;
- An electrical power surge, spike, or fluctuation; or
- Dry running the pumps or appliances.
b) The warranty shall cease, and ROOTERWORX shall after that in no circumstances be liable under the Warranty Terms and Conditions if the workmanship is repaired, altered, or intentionally damaged without ROOTERWORX's consent.
c) In respect of all claims, ROOTERWORX shall not be liable to compensate The Client for any delay in either replacing or repairing the workmanship/work or adequately assessing The Client's request.
d) The warranty shall cease, and ROOTERWORX shall after that in no circumstances be liable under the Warranty Terms and Conditions for any damage due, uncompleted work, or defects in a product if The Client defaults in any payment due to ROOTERWORX.
4. For work not supplied and/or not installed by ROOTERWORX, that where Client Supplied Labor and/or Materials for any of the work or part thereof, the warranty shall cease, and ROOTERWORX shall after that in no circumstances be liable under the Warranty Terms and Conditions.