Terms & Conditions For Rink Maintenance
1. MAINTENANCE OF RINK
1.1 On the terms of the Agreement:
(a) Center Ice Rinks Inc. (CIRI) is authorized to access the client’s property in order to perform the agreed upon maintenance services.
(b) The client will provide any necessary infrastructure elements such as hot water and electricity in order to perform the agreed upon maintenance services.
(c) Maintenance may be scheduled in advance, no later than 24 hours prior to the required time.
(d) Maintenance may include but is not limited to snow removal from the rink surface, snow removal from the house to the rink, flooding, ice resurfacing, make minor board repairs and adjust installed accessory items.
(e) Maintenance and servicing of any refrigeration equipment will be sub-contracted to a licensed and reputable refrigeration technician as required and upon the expressed request of the client prior to any services being performed.
2. BILLING FOR MAINTENANCE SERVICES
2.1 A service report will be left at the rink after every session. The service report will detail the time in, time out and services provided. The service report is used to determine billing based on the time in and time out.
2.2 Each session will be pro-rated based on the hourly rate and the requested service frequency.
2.3 The client will be billed bi-weekly after services are provided.
2.4 Clients will not be billed for any services that were scheduled but not provided due to extreme weather, or sessions that were cancelled within 24 hours of the scheduled day.
3. PAYMENT FOR MAINTENANCE SERVICES
3.1 The Owner must pay for the maintenance services at the rates current at the commencement of the maintenance period.
3.2 Payment by the Owner for the Maintenance Period is due upon receipt of the invoice.
3.3 The Owner must provide payment under these terms to CIRI or as directed by CIRI and by the method required by CIRI, on time without deduction and upon demand (unless these terms specifies otherwise)
4. ACKNOWLEDGEMENT, RISK AND INDEMNITIES
4.1 The Owner releases CIRI from any liability, action or demand due to damage:
(a) Caused by electrical failure
(b) Caused by mechanical failure
(c) Cause by frozen pipes or ice
4.2 The Owner indemnifies CIRI, its employees and agents from and against all claims, demands, actions, loss, costs and expenses brought or made against or suffered or incurred by CIRI arising directly or indirectly out of:
(a) The actions, omissions or negligence of the Owner and the Owner’s servants or agents (including any contractor employed by the Owner);
(b) Any default by the Owner under these terms;
(c) Misuse by the Owner or any of its contractors of any services made available by CIRI;
(d) Any other cause other than the sole negligence of CIRI, its employees and agents
5. INTEREST ON OVERDUE AMOUNTS
5.1 Without limiting any other right or remedy available to CIRI, whether under these terms, at law, in equity or otherwise, the Owner agrees to pay to CIRI interest on any amount due to CIRI under these terms at the rate 2.5% for each month or part of a month that such amounts remain unpaid after the due date for payment. If CIRI obtains a judgment against the Owner, the Owner must pay interest on the amount of the judgment at the higher of the rate prescribed by legislation or the rate specified under this clause for each month or part of the month that the judgment remains unpaid. . Failure to meet payment terms automatically terminates all of the obligations, representations and warranties of Center Ice Rinks under the Agreement and constitutes a material default by the Purchaser. All past and future payment obligations of the Owner under the Agreement shall, however, remain due and payable and Center Ice Rinks’ rights with respect to the full receipt thereof shall not in any way be affected.
6.1 CIRI or the Owner may terminate maintenance services at any time by giving the other 7 days written notice.
6.2 If the Owner breaches these terms then CIRI may immediately terminate the maintenance services by written notice to the Owner.
6.3 Upon termination of the maintenance services (whether by termination under this clause or otherwise) the Owner must immediately pay all outstanding fees and other money payable to CIRI pursuant to these terms.
6.4 The expiry of these terms (whether by termination under this clause or otherwise) shall not prejudice or effect any rights or remedies available to CIRI under these terms, at law, in equity or otherwise.
7. GENERAL CONDITIONS
7.1 The Owner:
(a) Must comply with all reasonable directions given to the Owner by CIRI’s employees charged with the servicing of the rink and refrigeration equipment.
8. CREDIT CARD PAYMENT
8.1 The Owner authorizes CIRI to charge the Owner’s credit card for any payments that are due and owing to CIRI by the Owner under these terms.
9.1 CIRI holds all information it obtains about the Owner pursuant to the Privacy Principles of the Privacy Act (PIPEDA).
9.2 Information is collected for the purposes of carrying out these terms or enforcing the CIRI’s rights under these terms.