Standard Terms and Conditions - Update Nov 8 2021
OSPREY ELECTRIC STANDARD TERMS AND CONDITIONS
Standard Exclusions: (unless specifically included within our proposal)
1. Cash allowances
2. GST is excluded
3. Project bonding
4. Utility Fees (BC Hydro, Shaw, and TELUS)
5. All Civil Works: Excavating, trenching, back-filling, compacting, and dewatering. Verification of the location of underground utilities
6. Concrete work and precast concrete: Including but not limited to: Cast in place, light pole bases, pilaster forms, utility junction boxes,
housekeeping pads, curbs, plinths, cutting, coring, patching, filling, x-ray, removal, or replacement
7. General trades related work: Mechanical, Sheet Metal, Carpentry, Drywall, Patching and Painting 8.
8. Supply and installation of Mechanical supplied equipment such as baseboard heaters, fan forced heaters, unit heaters, thermostats, motors, pumps, fans, ceiling fans, fire/smoke
dampers, low voltage control and associated wiring
9. Painting of conduits and boxes
10. Rooftop penetrations and sealing.
11. Additional terms or conditions outside a traditional CCDC CCA1 Contract
12. Supply and installation of all conduits outside of site footprint
13. Temporary power, lighting, internet services
14. Plywood back boards
15. Hoisting (provided during normal operating hours)
16. Work to be completed during normal business hours (Mon-Fri 730-4:00)
18. Cleaning beyond broom clean, final light fixture cleaning.
19. Full time safety Representative (to be provided by GC if required)
20. Replacement of material stolen or damaged by others after it has been installed
21. Supply and installation of mechanical equipment unless specifically listed as such on electrical drawings
22. Infection Control
23. IT Networking
24. Fire blocking
25. Electric power consumed during construction
26. Lightning protection
27. Hazardous material abatement
28. Demolition of items not detailed in electrical drawings
29. ASHRAE 90.1-2010 Compliance calculations and any additional associated work not shown on the drawings
30. Any cost of debris disposal, bin rentals and other related associated costs
31. CAD/REVIT drawings. A clean physical copy of red line drawings will be provided upon project completion.
Construction Projects Terms and Conditions:
GENERAL CONDITIONS: This proposal may be withdrawn by us if not accepted within 10 days.
The Electrical contractor shall not be held liable for errors or omissions in the designs of others, nor inadequacies of materials and equipment specified or supplied by others. Equipment and materials supplied by the Electrical contractor are warranted only to the extent that the same are warranted by the manufacturer unless included in this proposal, all bonding and/or special insurance requirements are supplied at additional cost.
Neither party will be held liable for damages attributable to a Force Majeure event, including natural disasters such as earthquakes, floods, wildfires, World Health Organization (WHO) declared pandemics, strikes, lockouts, civil demonstrations, military actions, or any other cause beyond the reasonable control of the Parties. Anything (verbal or written) expressed or implied elsewhere, which is contrary to these conditions shall be null and void.
WARRANTY: 1 (One) Year Warranty of all electrical equipment begins upon energization of equipment and is only provided on workmanship of Osprey Electric or its Subtrades and does not cover travel costs for projects located off Vancouver Island.
SCHEDULE: We reserve the right to review and recover additional costs if project exceeds agreed upon schedule +/- 1 month through no fault of this subtrade. If no schedule is provided this will be reviewed at the discretion of Osprey Electric.
ADDITIONAL WORK: The price indicated for services provided by the Contractor is valid only for equipment and work stated in the contract. All additional equipment will be invoiced at the Contractor's rate in effect on the date of the addition and if there are any additions during the contract, these additions will also be subject to the renewal stipulated in the above paragraph for the duration of the contract.
ASSIGNMENT BY THE CUSTOMER: This agreement will not be assigned by the Customer without the written consent of Osprey Electric Ltd.
PAYMENT TERMS: An invoice for the completed portion of the contract will be sent to the Customer, who agrees to pay the total amount within thirty (30) days from the date of the invoice otherwise, the Customer agrees to pay all costs of collection including attorney's fees plus an annual interest rate of 18% (1.5% per month) applicable on the past due invoices. “Pay when/if paid” clauses will not be accepted and will be deleted or modified prior to contract execution.
CUSTOMER'S RESPONSIBILITY: The Customer shall not hold Osprey Electric Ltd liable for any claim or action and from all third-party claims for personal injury, death or property damage including loss of use of Customer's property, lost profits, or production; whether claimed by the Customer or by any third party, arising from the Customer's failure to maintain his systems or keep them in operating condition or circumstances beyond the control of Osprey Electric Ltd. The owner is to carry fire, windstorm, and other necessary insurance.
SIGNED CONTRACT: This agreement may be signed in counterparts; a signed facsimile, photocopy, and/or electronic mail of this Contract shall be as binding on both parties just as though this Contract were executed in its original, pre-printed form. Unless specified, the work will be performed during the normal opening hours from Monday to Friday, excluding the legal holidays. Applicable Taxes are Extra. This Quote is strictly reserved to the individual or company that it was destined to and can contain privileged or confidential information. We do not accept credit card payments on project invoices.
With respect to the current COVID-19 WHO declared pandemic, the following potentially apply:
Access restrictions as dictated by Owner/Client or any authority having jurisdiction
Workforce, supervision or project management restrictions resulting from self-isolations, quarantines or wide-spread infection
Supply chain disruption of critical materials and equipment
In the event of significant delay or price increase/decrease of material occurring during the performance of the contract through no fault of the Contractor or imposed by any government agencies or other entities, the contract sum, time of performance, and contract requirements shall be equitably adjusted by change order in accordance with the procedures of the contract documents. A change in price of an item of material shall be considered significant when the price of an item changes plus or minus 5 percent between the date of tender, date of contract and/or date of installation. Osprey Electric Ltd. reserves the right to review all material costs for any significant market price escalation at time of contract award.
Solar and Off Grid System Warranty and Terms:
These procedures set out the requirements, procedures and processes that apply to our warranties.
These procedures should be read in conjunction with the Terms and Conditions.
The warranty period begins on the 1st day of the month after the functional operation of the installation.
The Goods supplied by Osprey Electric Ltd and Osprey Energy are warranted to be free from defects in materials and workmanship for a period of 1 year by Osprey extended by the applicable manufacturer warranty. Replacement of components under manufacturer warranties will be cost plus after Osprey 1 year period expires.
Components (such as inverters, panels, and batteries).
Materials (such as mounting systems, wiring, conduits, switches and fuses).
Any other services performed by us under the agreement.
Advocate on your behalf with manufacturers for warranty claims.
Liquated Damages – This includes but is not limited to loss of goods due to fridge/freezer being without power.
Any costs associated with work completed by other contractors/persons.
Correspondence with manufacturers for warranty claim replacement beyond one year period.
Application for Warranty:
Our warranty service is available Monday – Friday during normal operating hours excluding stat holidays and will be booked in the next available opening. This is typically 3-10 business days depending on our work load.
All onsite warranty calls are subject to a minimum $85 dollar logistics fee for local areas. If your installation is remote additional travel expenses will apply to get our crews to site. This will be required to be prepaid prior to site visit.
Emergency service are not provided for warranty work. If you do require immediate service, please contact our after-hours service department. This will be subject to our current rates and fees in effect at time of call.
Remote Login Emergency Assistance: We can provide this service if your system is capable of being monitored and controlled remotely. If Internet access to system is not available, service will only be provided during normal business hours. All after hours service is subject to staff availability.
Learning to live and work with your new off grid system:
Many installs are complex and may have programming and/or monitoring adjustments in the early stages of their use. It is to be expected in the first three months of your install their will likely be adjustments made to ensure your system is running smoothly. Some of our projects rely solely on their back up PV power. If you do lose system power this can be catastrophic event and while this is unlikely, we strongly recommend learning how to run your system off a generator.
Living off grid is not the same as being connected to a utility. Monitoring your electrical loads with PV production, battery storage and/or generator capability will soon become second nature but it does take time and experience. Remember even with very large installs there is a limit to what you can draw for power. Learning to live within your systems capabilities is an important aspect of successfully living off grid.
Our crew leader will go through a shutdown start up procedure upon completion of the project.
General Product Warranty Information:
This is generic information and should be read in conjunction with manufactures documentation. Manufactures warranty will override any info below.
Solar Panel Warranty
10 to 12 years – (dependent upon manufacturer warranty) the panels shall be free from any defect in materials and workmanship – this excludes impact damage. See clause 3.
25 years’ linear efficiency (will not drop below 80% of what is listed on the information on the back of the panel) performance warranty (please note this may change dependent upon your choice of panel).
The inverters are warranted for the following period(s); 3 – 20 Years (depending upon the brand and purchase of extended warranty).
Performance Warranty – 1 Years (Refer our Performance guarantee document for more details)
Workmanship Warranty – 1 Year (Refer our Workmanship Warranty document for more details)
All other products and services – 3 Years.
Other Warranty – 1 Year including operation and performance of the whole PV system.
The individual manufacturer’s warranty may sometimes be longer than the system warranty.
Your warranty comprises of all consumer guarantees under Canadian Consumer Law.
Please note that all reproduction, distribution, or disclosure of this is strictly prohibited. If you received this document by error, please contact us immediately and return the original to the address mentioned in title.