General Terms and Conditions of Sale
These General Terms and Conditions of Sale (the “Terms”) govern all sales of services and products by Island Smart Irrigation Inc. ( “Island Smart”) to its customers.
1. Definitions
In these Terms:
• “Island Smart” means Island Smart Irrigation Inc.
• “Customer” means the individual, business, or legal entity purchasing Services or Products from Island Smart.
• “Services” means any irrigation-related services provided by Island Smart, including but not limited to inspections, installations, assessments, maintenance, seasonal services (such as spring start-ups and winterization), back-flow testing, diagnostics, and repairs.
• “Products” means any equipment, components, materials, or goods supplied by Island Smart.
• “Work Order” means any written or electronic estimate, proposal, quotation, schedule, or confirmation describing the Services and/or Products to be provided.
2. Contract Formation
2.1 A binding contract is formed when the Customer accepts a Work Order, authorizes Island Smart to proceed, or when Island Smart commences performance of the Services, whichever occurs first.
2.2 Any purchase order or terms supplied by the Customer are not binding on Island Smart unless expressly accepted in writing. Any additional or conflicting terms proposed by the Customer are hereby expressly rejected.
3. Scope of Services and Products
3.1 Island Smart shall provide the Services and/or Products described in the applicable Work Order.
3.2 The Customer acknowledges that irrigation systems vary in age, condition, design, water supply, and environmental factors. Latent or unforeseen conditions may be discovered during the performance of Services and may require additional work, Products, time, or cost, which shall be communicated to the Customer where practicable.
4. Pricing, Fees, and Payment
4.1 Prices are as set out in the applicable Work Order, unless amended in writing.
4.2 All prices are exclusive of applicable taxes, regulatory fees, permits, or governmental charges, which shall be paid by the Customer.
4.3 Payment is due upon receipt of invoice unless otherwise stated in writing. Island Smart may require a deposit prior to commencing Services.
4.4 Accepted payment methods include e-transfer, cheque, credit card, and Visa Debit. Overdue accounts may accrue interest at 2% per month (24% per annum) or the maximum rate permitted by law, whichever is lower.
4.5 Where the worksite is located outside the Nanaimo area bounded by Lantzville, East Wellington, and Chase River, a travel time charge shall apply at $79.50 per hour per technician. Island Smart may, at its discretion, allocate or share travel time costs among Customers receiving scheduled seasonal Services in the same geographic area.
4.6 If the Customer requests that Island Smart attend the Customer’s location to collect payment by cheque, an administrative fee of $50, plus applicable travel charges, shall apply.
5. Changes and Cancellations
5.1 The Customer may cancel scheduled Services subject to the following fees:
• More than 48 hours’ notice: No cancellation fee
• Less than 48 hours’ notice: $50 cancellation fee
• Less than 24 hours’ notice: $100 cancellation fee
5.2 Cancellation fees represent a genuine pre-estimate of Island Smart’s administrative and scheduling losses and are not a penalty.
6. Access and Customer Responsibilities
6.1 The Customer shall provide Island Smart with safe, clear, and reasonable access to the property and irrigation system at the scheduled time. If access cannot be obtained, the visit may be rescheduled and a $150 rescheduling fee, plus applicable travel charges, shall be added to the invoice.
6.2 The Customer is responsible for identifying and clearly marking underground utilities, irrigation lines, and site hazards, and for ensuring safe working conditions. Island Smart shall not be responsible for damage to hidden or undisclosed utilities, structures, or obstacles.
6.3 The Customer acknowledges that the quality and effectiveness of Services depend on adequate water quality, pressure, and flow (typically a minimum pressure of 50 PSI and a minimum flow of 7 GPM@30PSI). Island Smart does not specialize in pump diagnostics or repair. Where a system relies on a pump, the Customer is responsible for engaging a qualified pump professional. Island Smart makes no guarantees regarding results on pump-supplied, low flow or low pressure systems. 6.4 The Customer must notify Island Smart Irrigation Inc. at least 48 hours before a scheduled visit if any chemical treatments (herbicides, pesticides, fertilizers, etc.) have been applied to areas where work will be performed. If our technician arrives and chemical treatments are present without prior notice, the service will be rescheduled and a $150 rescheduling fee, plus applicable travel charges, will apply.
6.5 The Customer acknowledges that locating buried or otherwise concealed irrigation valves or system components, where their location is unknown or has not been clearly identified, is inherently uncertain, labor-intensive, and time-consuming. While Island Smart will make commercially reasonable efforts to locate such components using available methods and equipment, no guarantee is made that they will be found. The Customer agrees that all time spent performing such investigative or exploratory work shall be billable at Island Smart’s standard hourly rates, regardless of the outcome.
7. Warranty
7.1 Island Smart warrants that Services will be performed in a commercially reasonable manner consistent with industry standards.
7.2 Products are subject solely to the manufacturer’s warranty, if any. Island Smart makes no independent warranty regarding Products.
7.3 To the maximum extent permitted by law, all other warranties, representations, and conditions, whether express or implied, including warranties of merchantability or fitness for a particular purpose, are excluded.
7.4 Island Smart provides warranty coverage only for Services performed and Products supplied directly by Island Smart. No warranty is provided for existing components, systems, or third-party work.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Island Smart’s total liability for any claim arising from or relating to the Services or Products shall not exceed the amount actually paid by the Customer for the specific Services or Products giving rise to the claim.
8.2 In no event shall Island Smart be liable for indirect, incidental, special, or consequential damages, including loss of water, loss of use, loss of profits, or damage to landscaping or property, except to the extent such limitation is prohibited by law.
9. Indemnification
The Customer shall indemnify and hold harmless Island Smart, its directors, officers, employees, and contractors from any claims, losses, damages, or expenses arising from:
• misuse, modification, or improper operation of Products or systems after installation;
• hazardous or undisclosed site conditions;
• failure to properly maintain the irrigation system or follow Island Smart’s recommendations.
10. Seasonal Services and Scheduling
10.1 Seasonal Services (including spring start-ups and winterization) are subject to weather conditions and operational scheduling windows.
10.2 Services requested or performed outside typical seasonal conditions may result in additional charges.
10.3 Island Smart will make reasonable efforts to attend within scheduled date and time windows; however, appointments may be rescheduled due to emergencies, technician unavailability, weather, or other circumstances beyond Island Smart’s control. Island Smart generally guarantees only the first appointment of the day, typically around 9:00 a.m.
11. Back-flow Prevention Services
11.1 Applicable regulations may require backflow prevention measures. For example, Plumbing Code CSA B64.10 requires underground irrigation systems to be equipped with a testable backflow prevention device. In addition, Nanaimo Bylaw No. 7249 requires annual testing of such devices. The Customer is responsible for understanding and complying with all applicable codes and bylaws. For more information, please visit : https://www.nanaimo.ca/city-services/water-sewage/cross-connection-control
11.2 Backflow testing and related services are offered as professional services. While Island Smart will provide test results and recommendations, the Customer remains solely responsible for ensuring compliance with all applicable regulations and requirements. Island Smart does not guarantee regulatory approval or ongoing compliance.
11.3 Backflow prevention requirements vary by property, depending on factors such as water source, water purveyor, and the type or presence of a backflow prevention device. For this reason, backflow testing is not included in our standard maintenance packages. This service is available for an additional fee and will only be performed upon the Customer’s request and approval.
12. Intellectual Property
12.1 All drawings, designs, specifications, manuals, and documentation prepared by Island Smart remain the exclusive property of Island Smart.
12.2 The Customer is granted a limited, non-transferable right to use such materials solely for purposes related to the contracted Services.
13. Privacy
Island Smart collects, uses, and discloses personal information in accordance with applicable Canadian and British Columbia privacy legislation. By engaging Island Smart, the Customer consents to such collection and use for service delivery, billing, and administrative purposes.
14. Governing Law
These Terms and any related agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
15. Dispute Resolution
The parties shall attempt in good faith to resolve any dispute through informal discussions. Failing resolution, the dispute shall be submitted to the exclusive jurisdiction of the courts of British Columbia.
16. Amendments
Island Smart may amend these Terms from time to time. Updated versions shall apply to future Work Orders and shall be effective when posted on Island Smart’s website or otherwise provided to the Customer.
17. Entire Agreement
These Terms, together with the applicable Work Order, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements, whether written or oral.
