THIS AGREEMENT (the “Agreement”) made as of the
Kleiner Services Inc.,
In consideration of the premises and the mutual covenants contained in this Agreement, the parties to this Agreement covenant and agree each with the others as follows:
The Standard Terms and Conditions is seen below as SCHEDULE “A” - STANDARD TERMS & CONDITIONS are incorporated into and form part of this Agreement.
Kleiner will provide the following services for the Client:
See Attached Quote
The Client will pay the following fees to Kleiner for the Services:
See Attached Quote
SCHEDULE “A” - STANDARD TERMS & CONDITIONS
Please check to boxes to ensure you have read the Standard Terms and Conditions
The following Terms and Conditions (the “Terms and Conditions”) are incorporated into the Agreement.
TERMS OF AGREEMENT
Definitions. The following words have the following meanings:
“Agreement” means the Service Agreement to which these Terms and Conditions are attached, and these Terms and Conditions.
“Fees” means the fees payable by the Client to Kleiner Services Inc. for the Services, plus all duties, levies, and taxes in association with such fees.
“Goods” means any property owned by, or under the control of, the Client and includes any property that the Client instructs Kleiner Services Inc. to remove from the Premises and dispose of.
“Premises” means any location(s), where Kleiner Services Inc. provides the Services, which are owned or under the control of the Client and may include the Client’s address above or additional locations.
“Services” means the Services to be provided by Kleiner Services Inc. to the Client.
Services. Kleiner Services Inc. will provide the Services to the Client in a professional manner in accordance with the Agreement.
Access. The Client will grant access to Kleiner Services Inc. and its authorized agents and employees to: (1) any common property of which the Premises are part; (2) the Premises; and (3) any other property as required by Kleiner Services Inc. to perform the Services. The Client will cause any third party to grant Kleiner Services Inc. access to the Premises to the extent reasonably required by Kleiner Services Inc. for the purpose of providing the Services.
The Client will ensure a safe and clean environment for Kleiner Services Inc to perform the Services. Kleiner Services Inc. holds the right to refuse service if the access or work environment is deemed unsafe or unclean: (1) soiled pieces of household furniture or spaces (2) hazardous environment; due to construction, renovations, floods, or poor air quality (3) unsafe access to for authorized agents and employees to pass by for the purpose of providing the Services.
The Client will pay the Fees for the Services in accordance with these Terms and Conditions.
Unless otherwise agreed to in advance, Kleiner Services Inc. will invoice the Client and the Client will pay the Fees in respect of such invoice within five days of the date of such invoice. All outstanding amounts owing on Fees will incur interest at a rate of 1.5% per month, calculated monthly (or if such interest rate is not permitted by applicable law, then the maximum interest rate permitted by applicable law), until such time as they are paid in full.
Junk Removal Services
The Client will be present on the Premises to witness the removal of all Goods from the Premises by Kleiner Services Inc., and if the Client is unable to be present, the Client will clearly designate each item of Goods or an area, in which the Goods are located, to be removed and disposed of.
Unless otherwise expressly set out, the Client discharges all legal and equitable interest in all Goods as soon as they are removed from the Premises.
Limitation of Liability and Warranty
KLEINER SERVICES INC. WILL NOT LIABLE FOR ANY LOSS OF, OR DAMAGE TO, ANY PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CLIENT (INCLUDING THE GOODS AND THE PREMISES) AND KLEINER SERVICES INC. WILL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO THE CLIENT OR TO ANY THIRD PERSON OR PROPERTY, REGARDLESS OF THE LEGAL THEORY ASSERTED. EVEN IF KLEINER SERVICES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, KLEINER SERVICES INC.'S AGGREGATE AND TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED AMOUNTS ACTUALLY PAID BY THE CLIENT TO KLEINER SERVICES INC. UNDER THIS AGREEMENT.
The limitations contained in this part shall survive termination or expiry of this Agreement.
Possession coverage and insurance. Kleiner Services Inc. will do their best to transport items in the safest and secure way possible. Accidents do happen and the following is a basic breakdown of our coverage and exclusions.
Most possessions are covered at $ 0.60 per pound. The exclusions are listed below at Section 6.6
Kleiner Services Inc. does not offer replacement cost protection.
In order to put in a claim for damage the Client must have proof such as a picture of before and after of the product including an explanation of how the damage came about.
All boxes that are not packed by Kleiner Services Inc. are not available for coverage.
All pressboard and particle board furniture are moved at the Client's own risk (the manufacturers create these items to transport unassembled, if the item is assembled it's not meant for the stress of movement). All disassembly and re-assembly of furniture such as IKEA Furniture, as an example, is at the Client’s own risk. Kleiner Services Inc. does not take responsibility for furniture that as been disassembled and re-assembled by the client or other companies prior to Kleiner Services Inc.’s service team.
The following items are subject to exclusion from claims: (1) Items of extraordinary value over $1,000 that are not noted on our high value inventory. (2) Lamps, lamp shades, artwork, pictures, mirrors, statues which are not boxed by Carrier. (3) Any marble or glass, which is not crated or boxed by Carrier. (4) Items found broken in boxes that have not been packed and unpacked by Carrier. (5) Mechanical condition of audio/visual or electrical equipment, computers, and battery operated items in transit or storage. (6) Missing hardware for disassembled items, unless Carrier disassembles them. (7) Gold leaf plaster frames & chandeliers that are not crated by Carrier. (8) Pressboard or particleboard furniture. (9) Previously damaged and repaired items. (10) Previously damaged or loose veneer. (11) Furniture where original glue has dried out. (12) Any small, loose items such as keys, remote controls, etc., which are not in a box. (13) Plants (live, dried, or artificial). (14) If one item in a set is damaged, only that one item is covered by the insurance, not the entire set.
Insurance. The Client represents and warrants that the Premises are adequately insured.
Force Majeure. Neither party shall be liable for any failure to comply with its obligations under this Agreement (other than any obligation to pay Fees) if the failure is caused by or results from conditions or causes beyond its reasonable control including: breakdowns, inevitable accident, natural disasters, acts of violence, labour controversies or disputes, governmental controls or regulations, and the inability to obtain necessary labour. In the event of a force majeure, each party shall be allowed a reasonable period of time to fulfill the obligations under this Agreement having regard to the applicable circumstances.
Alterations. No alteration or amendment to this Agreement will take effect unless it is in writing duly executed by the parties.
Proper Law of Agreement. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the parties agree to the exclusive jurisdiction of British Columbia.
Invalidity. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision and any such invalid or unenforceable provision shall be deemed to be severable.
Time of the Essence. Time shall be of the essence.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous communications, representations and agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement.
Enurement. This Agreement enures to the benefit of and is binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Counterparts. This Agreement may be signed in counterparts, each of which so signed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. This Agreement may be executed and delivered by facsimile or electronic mail and such will constitute valid execution and delivery.
Relationship. Nothing herein contained will be construed as, or have the effect of, constituting the relationship of employee and employer, principal and agent, or partnership.
Assignment. The Client may not assign the benefits, obligations or liabilities under or in respect of this Agreement without the consent of Kleiner Services Inc.
Headings. The headings used in the Agreement are for convenience and reference only and shall not affect the construction or interpretation of this Agreement
Marketing and Photos
During your site visit or job, we may require to take some photos to make the necessary notes to keep on file. All photos will become the property of Kleiner Service Inc. and can be used for marketing purposes such as using them in a blog, social media, or marketing materials. There will be no photos of faces or children taken unless approved by the client. In which, a copy of the publish piece will sent to the client for approval. No names or personal information will be shared to the public unless requested by the client.
Kleiner Services Business Liability & WCB
- WorkSafe BC #: 953398
- $2,000,000 Property Damage for Business Liability