Terms & Conditions

The following Terms & Conditions (the “Contract”) apply to any work performed by and/or materials supplied by Rio Industries (the “Contractor”) and are incorporated into the Quote and/or Invoice (“Invoice”) provided to client (the “Client”) and shall govern unless expressly modified in writing by both parties. Upon the Client’s signing of this Contract, the Invoice, together with these Terms & Conditions, form a binding contract between the parties.

Compensation

  1. Acceptance of the Quote (fixed cost) or Estimate (pricing where items are clearly highlighted and agreed upon that there may be fluctuation) means that the Client has read and understood the terms and conditions set out below. Any questions should be clarified before this contract is accepted and project has begun.
  2. Quotes: Due to the frequent rise in material costs, quotes are only valid for 7 days from date of issue to ensure the most accurate job pricing. While the Contractor will be as expedient as reasonably possible, should material costs rise before the Contractor is able to place project order, the Client will be responsible for the difference in cost.
  3. Booking Fee: A 50% deposit of the total quote is required to book in and secure your place in our schedule. This fee is deducted from the final invoice amount and is refundable should you need to cancel the project; on the condition appropriate notice is given. Full refund of the booking fee requires no less than 7 days written notice, sent to the company email address found on the quote. If less than 7 days notice is given, the deposit may be forfeit.
                                  Rio Industries holds the required Service Alberta – Pre-Paid Contractor License # 353256
  4. Payment terms
    1. Standard Landscaping Projects: a booking fee of 40% is requested on agreement and signing of this quote. The balance of the invoice (including any additional work quoted and agreed to for the same project) is due on completion of the project. All associated costs are subject to 5% GST.
    2. Large Landscaping Projects: a booking fee of 40% is requested on agreement and signing of this quote. 30% + GST is due at an agreed midway stage of the project, with the balance of the invoice (including any additional work quoted and agreed to for the same project) due on completion of the project. All associated costs are subject to 5% GST.
  5. Late Payment: Late payment of invoices for completed work, beyond 7 days of completion, will be subject to a 3.25% monthly interest charge (on all outstanding amounts).

General Terms

  1. The Client’s Signature is required on the quote before work beings. Any signing of a quote is also acceptance of these terms.
  2. Booking Dates: The booked “Range of Days” are confirmed ahead of time to ensure the appropriate amount of time and labor have been allotted for the Scope of Work required. Due to the nature of the Work being done and its dependence on weather conditions, projects are booked within a range of days; the Contractor reserves the right to begin the Work at any time during this agreed upon period with the understanding that the Contractor cannot be held responsible for delays caused due to inclement weather. Should the Client request to change a booking period, please understand that this can greatly affect our schedule. The Contractor recognizes that the unexpected will happen from time to time and as such, will provide one complimentary rescheduled booking. A fee of $150 will be required for additional rescheduled booking requests and/or additional call outs due to stoppage of work at Client request for whatever reason. The Contractor cannot guarantee when work will be completed if the original dates are rescheduled – your project may move to the back of the line depending on availability. The Client also acknowledges the work must be completed in the same season as the deposit is taken and will not carry over to other years/seasons.
  3. Buyer’s Right to Cancel: You may cancel this contract from the day you enter into it, until 10 days after you’ve received a copy of it. You do not need a reason to cancel.
    1. If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose this right if you accept delivery or commencement after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial consumer affairs office.
    2. If you cancel this contract, the contractor has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
    3. To cancel, you must give notice of cancellation at the address in this contract via a method that will allow you to prove that you gave notice, including email, registered mail, or by personal delivery.
    4. Due to the consistent rise of prices for materials, with your written permission, we will often place an order for materials required for your project as soon as you submit your deposit so you do not face surprise charges should material costs inflate further. Note this constitutes as work commencing as there is labour involved; as such, the deposit shall no longer be eligible for return after this point.

Client Responsibilities

  1. Permits: The Client is responsible for ensuring they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of municipal and/or other authority having any jurisdiction with regards to the Work. You/the Client shall indemnify Rio Industries against any claim/proceedings/loss or expense resulting from you/the Client failing to gain permissions/give notices/pay fees required in whole or in part.

  2. Location Marking: The Client is responsible for verifying and marking the location of:

    1. all underground utilities
    2. all other underground equipment or installations such as sprinklers, lighting, etc.
    3. legal property lines to ensure there is no encroachment on third-party property

    As such, Rio Industries is not liable for damage caused by or to any unmarked underground utilities or third-party property due to lack of due diligence on Client’s part. The Client should also inform Rio Industries in writing regarding any springs, flooding, covered wells or other cavities, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the Contract.

  3. Access: The Client must ensure there is adequate access to the Site e.g., all vehicles and other obstacles are removed; gates, doorways and passages are clear of obstruction and unlocked; neighbours are notified where access is required to carry out the work. We also request that all dog mess be cleared from the Site, if the works cannot be carried out the team will have to leave the site. Fees may apply depending on the nature or duration of delay and/or interruption.

Services And Change Of Scope

  1. Scope of Work: The full scope of work to be completed is stated within the quote. By signing this quote, the client acknowledges that the contractor will do everything possible to minimize topsoil/lawn damage but that some will occur due to the nature of the work and the types of machines required.
  2. Additional Work or Change Orders: We will provide an additional quote for any work requested that exceeds the agreed upon Scope of Work specified in the Contract. This work will be quoted and agreed to before commencing.

Warranties

  1. Rio Industries shall have a lien on all goods and materials remaining on site until full payment of invoice has been made. The Contractor shall have free access to enter the site to remove such goods and materials.
  2. Any concerns or complaints after the Work has been completed should be given to Rio Industries within 7 days of project completion.
    1. Rio Industries cannot accept liability for any defects to the Work caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions.
    2. Rio Industries does not accept liability for damage or alterations done to the work by the client or a third party after the fact.
  3. Warranties and Exclusions: Rio Industries shall not be liable for any damage caused by Acts of God (including, without limitation, extreme cold or winds, flooding, storms, rain, etc.) nor failings of the Client to follow the care instructions left by the Contractor.

Promotion

  1. The Client hereby authorizes Rio Industries to photograph of Client’s property for the use of promoting company services at Rio Industries’ discretion and grants Rio Industries the sole right in the intellectual property of any such photographs.

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