Complex Claims
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1. I/We the property owner or authorized representative (the ”Client”) hereby engage Complex Claims Restoration Inc. ("Complex Claims”) to perform the actions or services as outlined above in the section “Scope of Work” (the “Work”), subject to and in accordance with the terms hereof, which terms the Client hereby accepts and agrees to, whether or not that Work is covered by the Client’s insurance, if any (the “Insurer”).
2. The Client acknowledges that, if Complex Claims is performing emergency services, it may not be possible or reasonable to provide an estimate and/or details of the Work before commencing the Work. In such cases, services will be billed on a time and material basis.Complex Claims will invoice the Client and Client will pay for the services performed in accordance with the time and materials rate schedule previously agreed to between the Client and Complex Claims or if no rate schedule has previously been agreed to, the time and materials rate schedule attached hereto and incorporated fully herein (Schedule A), receipt of a copy of which is acknowledged by the Client.
3. If Complex Claims incurs additional costs necessary to perform the Work, which were not initially anticipated in the Scope of Work, the Client shall remain liable for the payment of such additional costs, even if the Client and Complex Claims have not executed a Change Order relative to any additional Work.
4. Complex Claims and Client will attempt to expediently resolve any disputes and submit unresolved disputes to mediation and thereafter to binding arbitration. Irrespective of any disputes which arise, the Owner agrees to promptly make all payments to Complex Claims.
5. LIMITATION OF LIABILITY: To the fullest extent permitted by law, and not withstanding any other provision of this agreement, the total liability, in the aggregate, of Complex Claims and its officers, directors, partners, employees and subtrades to the Client and anyone, including third parties, claiming by or through the Client, for any and all claims, losses, costs or damages, including legal fees and costs and expert-witness fees and costs of any nature whatsoever, or claims expenses resulting from, or in any way related to the Services or this agreement, any cause or causes shall not exceed the total compensation received by Complex Claims under this Contract, or the total amount of $10,000 CAD, whichever is greater. It is intended that this limitation applies to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
6. If the Work has commenced and/or material(s) have been ordered, cancellation of all, or part, of the Work, will result in a charge of at least $500.00 CAD, plus all charges or costs, plus a 15% markup for Work already performed or items ordered that cannot be returned.
7. The homeowner or insured shall be responsible for the tax portion, which is contingent upon the province where the work is completed, as specified in the estimate/invoice.
8. The Customer hereby authorizes and directs the Insurance Company to make payment directly to Complex Claims Restoration for the work approved by the Insurer.
9. Payment terms from invoice date is Net 30 days.
