Eco Paint and Coatings Supply

Terms of Payment, Sales and Service, and,

Warranty Information

1. The Parties

The vendor of goods or services herein, being “Eco Paint and Coatings Supply,” a division of Ontario Trade Printers Inc.,  also d.b.a. “www.greenpaints.ca,” which may also hereafter be known as "Eco Paint and Coatings Supply," or  “Eco Paint,” or "EPACS."

The Purchaser of goods or services herein may also hereafter be referred to as “The Client,” or “Client,” or “Customer.”

Collectively, EPACS and The Purchaser may hereafter be referred to as “The Parties.”

2. Separate Agreement for Sales of products and, Painting, Renovation, or, Repair Services

Painting, Home Renovation or Repair Services, are not offered by EPACS durectly, however, EPACS may be facilitate such services, or, may act as an agent in arranging such services, or, may refer such services to a related business. In such a case, a specific agreement between The Purchaser (Client) and the business providing the services will apply. EPACS will not be a party to any such agreement, unless specifically agreed upon in writing.  

3. Agreement of Parties

Where the products being purchased by the Client are for physical goods, such as paint, repair parts, construction materials, tools or components, or for any other product or service whatsoever not governed by a separate agreement or contract between the purchaser (Client) and EPACS, known collectively as “the parties,” the following terms and conditions will apply, are stipulated to, and agreed upon by the parties: 

4. Shipping and Delivery Estimates or Times 

Shipping times for goods and materials vary and are subject to variety of conditions, and, the policies of retailers, wholesalers, distributors, or manufacturers, and, are subject to the availability of the goods. EPACS makes no guarantees as to delivery times or availability for any particular goods or services. It is the Client’s responsibility to satisfy themselves as to expected delivery times for goods ordered, and, the risks that the goods may be delayed. Once ordered, all physical products are completely non-refundable unless the goods are not received by the client within 90 days from any expected delivery date, and only then if EPACS is able to obtain a full refund from the supplier for such products, where EPACS has paid in advance or has been billed in advance for the order. 

5. Included / Excluded items in Prices, Estimates, & Quotes

Prices, estimates, and quotations, will always be prepared on a “materials costs only” basis, and, all estimated or actual prices for installation labour are NOT included in prices quoted, unless otherwise indicated. Taxes are always extra and are not included in estimates or quotations unless otherwise specified. Delivery charges (if any) are extra, and will be quoted separately.

6. Sales Final and Return Policy

i) All sales are final. Deposits, payments, or partial payments are non-refundable, except at the sole and absolute discretion of EPACS. 

ii) In the event that EPACS accepts returned merchandise (at EPACS sole and absolute discretion), it must be sealed in original packaging, in pristine, unused, unopened, and saleable condition. No returns will be contemplated or accepted on tinted paint products. In the event that EPACS accepts an item for return, a 25% restocking fee will apply. Any paints, liquids, pastes, or other consumable items cannot be considered for return if opened.  

 7. Proof of Warranty Claim Documentation

THE INVOICE DOCUMENT, and/or PAYMENT RECEIPT ISSUED AT THE TIME OF ORDER OR PURCHASE, IS BOTH YOUR OFFICIAL INVOICE AND PROOF OF PURCHASE FOR WARRANTY CLAIMS. Warranties will only apply and be honoured if the applicable goods or services purchased have been paid for in full  by the client. Please note that no additional invoice will be sent to you. The invoice and receipt will serve as your proof of purchase, and proof of warranty; you will require these documents as your proof of purchase for all warranty claims: PLEASE DO NOT LOSE THE INVOICE DOCUMENT OR RECEIPT. No other documents will serve as a proof of purchase; Eco Paint and Coatings Supply, reserves the right to confirm customer identification, and, that all purchased goods have been paid for in full before processing any warranty claims. If you have any questions, please ask us before completing your purchase.

8. Repairs to Client-Owned Items

i) Where the services being offered are for the repair of a customer-owned item, or, for warranty repairs pursuant to a manufacturer’s warranty, and/or where EPACS is acting as an agent or repair depot for the manufacturer, and where it is necessary for the client to leave the item(s) in EPACS’ care to affect any such repairs, the customer assumes all risk with respect to leaving the items with EPACS or our agents; EPACS assumes no liability or contractual duty of care beyond a "very basic duty of care" with respect to keeping the customer-owned items on or in EPACS facilities. In the event of robbery, theft, fire, flood, natural disaster, act of God, act of war, act of insurrection, act of terrorism, or, should the customer-owned item be lost or damaged for any other reason, EPACS assumes no liability with respect to the foregoing.

ii) The claim ticket, or sales order, or work order, issued to the customer at the time the item(s) is/are left in the care of EPACS is your proof of claim; DO NOT LOSE THIS DOCUMENT. You will need this document to retrieve the item(s); no other document will serve as proof of ownership for the purposes of claiming the item(s). EPACS may also request identification; only the person who left the item with EPACS will be able to claim the item.

iii) If any repairs or maintenance or other services are performed on the item(s), or, if parts are installed on the item(s), EPACS shall have the right (which is expressly agreed to by the client) to retain the item(s) in EPACS custody until all services, repairs, and, parts installed are paid in full for all outstanding invoices or amounts owed to EPACS by the client, notwithstanding any set-offs the customer may claim or assert. The client shall have no longer than 90 days from the date the repairs or maintenance was completed, or, from the date of notification to the client of the same, or from the date the item is left in EPACS' care  (whichever date is latest), to pay all outstanding invoices or amounts owing to EPACS for such services or parts. After 90 days, the item(s) will be deemed to be abandoned by the client and will become the property of EPACS, and, EPACS may dispose of the items at EPACS sole and absolute discretion without liability, payment or recourse to the client. In such a case, where the item(s) is/are abandoned by the client, any amount owing by the client to EPACS for services rendered or for parts, will still be owing to EPACS; abandonment of the goods by the client, and/or transfer of ownership of the goods to EPACS does NOT mitigate or absolve the client for any amounts owing.

iiiv) If an item or accessory is not listed on the service ticket, we DID NOT RECEIVE IT. If something is missing from the list, or you disagree with the condition assessment of the item to be repaired, please advise us IMMEDIATELY. If we do not hear from you within 2 hours,  then we will not consider any claim for missing or lost items, and/or after you leave the premises, the list of items received for service will be deemed accurate.  

v) WHAT WILL HAPPEN AFTER THE UNIT IS DROPPED OFF?

We will perform a diagnostic service to the unit, to try to determine the source of the problem. We will then advise you of the anticipated costs to repair or service the unit, asking you to approve the service. If you do not approve the service, our minimum service rates as noted below will still apply:

CURRENT SHOP RATE @ $65.00 per hour (needs to be adjustable in ADMIN section)
BASIC INVESTIGATIVE / DIAGNOSTIC SERVICE @ 2 HOURS
SHOP SUPPLIES @ $20.00 (needs to be adjustable in ADMIN section)
Note: Shop supplies include rags or paper towels, solvents and cleaning agents, hand cleaners, vinyl service gloves, nuts, bolts and washers if missing, and lubricants, as required, etc...

Therefore, the INVESTIGATIVE / DIAGNOSTIC SERVICE will cost a minimum of $150.00 plus HST. 

Again, this is for the investigative / diagnostic work only. It may be that we solve the problem in the course of this investigation - there could be a simple clog, for example, which we clear by simply disassembling and reassembling the unit, however, there will normally be additional labour and parts charges beyond the diagnostic fee.

We will contact you to obtain your permission to proceed if additional repairs / services are required, which will add to the repair costs. After the INVESTIGATIVE / DIAGNOSTIC 

SERVICE is complete, we may determine that we cannot effect a repair on the unit, or, may not be able to obtain the necessary parts.  If that is the case, we will advise you of such. The diagnostic / investigative service fee as outlined above remains payable.

Please note: we will always obtain your permission to repair the unit, in advance of any additional repair fees.

Please note: we have limited storage space, and, we cannot store your units for you long-term. Therefore, we expect that your unit will be picked up, or, delivered back to you, within 7 days of completion of repairs, or, notification that we cannot complete repairs, or, upon any other request that you pick up your unit. After 7 days, storage charges of $20.00 per day will apply.

After 90 days, the unit will be deemed to have been abandoned by you, and, we will take ownership and possession of the unit. If the value of the repairs (parts and labour), and, accumulated storage fees exceeds the value of the unit repaired, then we reserve the right to collect any outstanding amount from you, through any legal means at our disposal, including, but not limited to reporting the debt to a credit bureau, use of a collection agency, or, filing a court claim.

Also, please be advised that a 2-3 week unit turnaround for repairs is expected in most cases. In some cases, unit repairs can be turned around more quickly, depending on service volume, and, parts availability. Parts can take 7-14 days to arrive with normal delivery service. Expedited repair service and rush parts delivery are available; this option will be made available to you, if applicable, at the time you are presented with a repair estimate. 

9. GOODS & SERVICES WARRANTIES, and, COLOUR-MATCHING WARRANTY

i) MANUFACTURED GOODS MADE BY EPACS: EPACS provides a conditional ONE YEAR warranty on any items we manufacture; for any defects in the material quality of the product only. We will repair, or replace, at our sole and absolute discretion, any deficiency or defect in any product we have manufactured.  We do NOT warranty any products we resell or distribute; in some cases, these products are covered by a separate manufacturers' warranty. The purchaser should satisfy themselves as to the existence and sufficiency of any applicable warranties prior to making any purchase from EPACS. The EPACS warranty (if applicable) shall be valid for one year from the invoice date. The warranty protects against materials or quality defects or failure only. Shipping coats to or from the EPACS warranty repair centre are not covered and are paid by The Customer. The Customer will hold as harmless EPACS from any other claim or liability, including, but not limited to, claims for loss of use or profits, or labour costs. The warranty (if applicable), except where otherwise indicated herein, covers repair labour cost and materials costs only; no other claims will be honoured or considered valid. The EPACS' warranty (if applicable), specifically excludes reimbursement for, or repair of, or replacement of, any damage caused by the customer, howsoever such damage is occasioned; no customer-caused or third-party damage, or acts of God, disaster, acts of war or insurrection, terrorism, flooding, fire, or crushing or dropping damage is covered. No water-related damage of any kind is covered under warranty. No warranty coverage exists where an insurance claim for the same damage or item has been made by the client. 

ii) WARRANTY ON SERVICES: EPACS warranties the REPAIR OR INSTALLATION LABOUR ONLY for repairs performed to client-owned items left with EPACS for repair, or, for manufacturer’s warranty repairs undertaken as an agent for the manufacturer, for a maximum of 90 days from the date of the invoice for the service. This warranty applies to LABOUR and WORKMANSHIP ONLY, and, does not apply to the failure of any parts or components. The warranty protects against materials or quality defects or failure only. Shipping coats to or from the EPACS warranty repair centre are not covered and are paid by The Customer. The Customer will hold as harmless EPACS from any other claim or liability, including, but not limited to, claims for loss of use or profits, or labour costs. The warranty (if applicable), except where otherwise indicated herein, covers repair labour cost and materials costs only; no other claims will be honoured or considered valid. The EPACS' warranty (if applicable), specifically excludes reimbursement for, or repair of, or replacement of, any damage caused by the customer, howsoever such damage is occasioned; no customer-caused or third-party damage, or acts of God, disaster, acts of war or insurrection, terrorism, flooding, fire, or crushing or dropping damage is covered. No water-related damage of any kind is covered under warranty. No warranty coverage exists where an insurance claim for the same damage or item has been made.

iii) COLOUR MATCHING: There is NO EPACS COLOUR-MATCHING GUARANTEE WHATSOEVER on any tinted or colour-matched paint products. Paint colour matching is subjective and imperfect, and, is subject to colours or paint appearing differently in various lighting conditions, on different substrates. We will tint paint on a best-effort basis only; there can be no guarantee that new paint will perfectly match extant paint in tone, appearance, or, coloration. Installed paint, and paint chips fade over time, as they are exposed to UV from the sun. Additionally, dirt, grease, tobacco smoke, etc… can all affect the tone and appearance of any given paint colour. Paint in the can also “age:” when was it shaken? Have any of the paint ingredients separated or evaporated, etc… over time? Has the paint been frozen or exposed to high temperatures? These, and other factors, can alter paint appearance and performance. Therefore, we offer no guarantee or warranty whatsoever with respect to paint tinting or colour matching: this is done at client’s own risk. There is NO REFUND OR EXCHANGE on tinted paint or stain products.

9. Warranty not Transferable

The warranty (if applicable) is not convertible to currency. Please note that the warranty (if applicable) is not transferable, except as may be required by prevailing local law, and has no cash surrender value. The warranty-holder is the person or company named on the invoice (the Purchaser / Client).

10. Customer Damage and Acceptance of Products

PLEASE NOTE: ALL customer-caused damage is exempt from any/all warranty provisions, and, voids any applicable warranties. OTHER THAN AS SET FORTH ABOVE, THERE ARE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS, FOR A PARTICULAR PURPOSE.

Unless the Client advises EPACS in writing, within 48 hours of receipt of any goods with respect to any defect or deficiency in the goods, The Purchaser (CLIENT) will be deemed to have accepted the quality and sufficiency of the materials or goods as delivered. 

11. Limitations on Liability

IN NO EVENT SHALL EPACS, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES OF THE FOREGOING BE LIABLE TO PURCHASER (CLIENT), ANY OF ITS AFFILIATES OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WORK, PRODUCT, REPAIRS, RENOVATIONS, GOODS , OR SERVICES, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE. IN NO EVENT WILL EPACS’ LIABILITY FOR ANY DAMAGES TO PURCHASER (CLIENT), ITS AFFILIATES OR ANY THIRD PARTY EVER EXCEED THE PURCHASE PRICE PAID BY PURCHASER (CLIENT) TO EPACS FOR THE GOODS OR SERVICES. 

12. Termination on Contingency

This contract will be terminated automatically with respect to the delivery of, or payment for, any Goods or Services not yet delivered when any of following contingencies occur: Shutdown of Purchaser (CLIENT)’s or EPACS’s business; and any formal, informal, voluntary, or involuntary action, whether conducted privately or in court, by either party resulting in the surrender of any substantial degree of business management, or private property or holdings, for the benefit of creditors.

13. Jurisdiction

This transaction will be governed by the laws of the province of Ontario, Canada, and will be subject to the authority of the Ontario courts, and will be tried, except with the agreement of both parties, at the Superior Court of Justice in Hamilton, Ontario. The Parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such court or any suit, action or procedure arising out of this Agreement.

14. Ownership of Goods and Chattels

i) Eco Paint and Coatings Supply retains clear ownership and title to all goods, chattels, whether, in the possession of EPACS, or, shipped, built, installed, or incorporated into any work, until the full invoice amount(s) has been settled. All invoices are “cash on delivery,” and are payable in advance, or upon substantial completion of the work to be performed (as noted under TERMS OF PAYMENT), or upon the delivery of the goods, unless credit provisions are in place in advance. Where goods or services are not pre-paid or where credit has been extended in writing, all accounts must be settled within 30 days of the invoice date, unless otherwise agreed upon by the parties in writing. All overdue accounts will be subject to interest charges, at the rate of 30% per annum, calculated and billed monthly. Eco Paint and Coatings Supply reserves the right to recover from The Client any and all costs, including but not limited to legal fees, filing fees, attorney fees, courier, investigation, registry fees, document reproduction, and any such other costs incurred in satisfying the invoiced amounts owing, or in recovering its property. Any payments made by The Client, and/or any instruments of payment submitted to EPACS by The Client, and which are returned by The Client’s financial institution or payment conveyor unpaid for any reason, including for “not sufficient funds,” shall be subject to an additional fee being levied for additional handling and collection, in the amount of $100.00 per occurrence.

15. Costs of Action

In the event the Purchaser (CLIENT) in any manner defaults or breaches the terms and conditions of this Agreement, or threatens to do same, or in the event it becomes necessary for EPACS to employ an attorney at law to enforce any provision of this Agreement, obtain injunctive relief, collect damages on account of a breach or threatened breach of this Agreement, or if EPACS prevails in a tort action commenced by The Purchaser (CLIENT) against EPACS, The Purchaser (CLIENT) shall reimburse EPACS for EPACS's all attorney fees, court costs, collection costs, paralegal fees, process serving, courier and mail, skip tracing, private investigation fees, document reproduction fees, and/or all other out-of-pocket fees or expenses associated with collecting any amounts, debts, goods, or judgments owing or payable to EPACS by the Purchaser (CLIENT), or, otherwise in amounts as ordered by a court holding jurisdiction.

16. Changes to Pricing, Service Terms, and Warranty

EPACS reserves the right to alter our pricing, service and warranty terms from time to time, without notice, and as may be permitted by law. It is the Purchaser's (CLIENT's) responsibility to make themselves familiar with existing pricing, terms of sale, service terms and conditions, and warranty terms, in advance of any new purchase or service request.

17 (a). Refusal of Service or Orders

EPACS reserves the right, at our sole and absolute discretion, and without limitation, to refuse to accept or fulfill any order or request for service we receive.

17 (b). No Hire / No Deal Provisions

The client will NOT attempt to hire or retain, or offer to hire or retain, contract with, or in any other way deal with or contract with the sub-contractors, tradesmen, agent, or, employees or Eco Paint and Coatings Supply who are involved, in any way whatsoever, with any transaction or interaction between the client and EPACS, or, any subsequent project, transaction, or interaction, commissioned by the client, for a period of three years from the date of the last service by EPACS for the client. In the event that the client attempts to hire or contract with any of EPACS's tradesmen, sub-contractors, agents, or employees, Eco Paint and Coatings Supply reserves the right to immediately discontinue service to the client, whether the specified work or order or products is complete and/or delivered or not, retaining any funds or deposits paid by the client, and/or, Eco Paint and Coatings Supply in entitled to receive an additional payment from the client of $5,000.00, per occurrence, where the client hires, or, offers to hire, or contracts with one of Eco Paint and Coatings Supply agents, employees, tradesmen, or sub-contractors, as noted above, for any service with a value greater than $20.00 (twenty dollars in Canadian funds), in total and aggregate, which amount shall be exempt from this provision.

17 (c). Gifts / Gratuities

The client shall not offer to any of EPACS's sub-contractors, tradesmen, agents, or, employees, any gratuity, gift, tip, or financial consideration with a value greater than $20.00 (twenty dollars Canadian).

18. Indemnification

The Purchaser (CLIENT) shall indemnify and hold EPACS, its parents, subsidiaries, affiliates and all officers, directors, employees and representatives of the foregoing free and harmless from any and all claims, demands, loss, liability or expenses, including reasonable attorney’s and court fees, resulting from:

 (i) the injury to, or death of, any person or persons, and/or,

 (ii) damage to property of any person relating to the Goods or services purchased, 

hereunder which injury or damage is caused by or arises out of the negligence of Purchaser (CLIENT), the improper installation of the Goods by the Purchaser(CLIENT) or its agents, or the condition of Purchaser (CLIENT)’s property.

19. Waiver

The failure of either party to insist in any one or more instances upon performance of any of the provisions of this agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights, and the same shall constitute and remain in full force and effect. No single or partial exercise by either party of any right or remedy shall preclude other or further exercise thereof, or the exercise of any other right or remedy. Waiver shall not constitute or be construed as a continuing waiver or a waiver of any other breach of any other provision of this Agreement.

20. Binding Effect

The provisions of this Agreement shall be binding upon and shall inure to the benefit of both parties and their respective successors and assigns.

21. Assignment

This Agreement cannot and shall not be assigned or transferred, by operation of law or otherwise, without the express prior written consent of the other parties hereto.

22. Parties In Interest

Nothing express or implied herein is intended, or shall be construed to confer upon any person or entity other than the parties hereto any rights or remedies hereunder.

23. Headings

Headings in this Agreement are for convenience only and should not be used to interpret or construe the provisions there under.

24. Singular and Plural

Unless the context requires otherwise, wherever used herein, the singular shall include the plural and vice versa and the user of one gender shall denote the others where appropriate.

25. Severability

If any part, term or provision of this Agreement shall be determined by any court with jurisdiction to be invalid or unenforceable, all of the remaining provisions nevertheless shall remain valid and effective as it is the intention of the parties that each provision hereof is being agreed upon separately.

26. Entire Agreement

This Agreement constitutes the entire agreement of the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, including, without limitation, any representations and understandings of the parties, both written and oral, other than as expressly referenced herein, and where appropriate, delivered at closing. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and which specifically refers to this Agreement and states that an amendment or modification is being made in the respects as set forth in such instrument and is made by the parties hereto.

27. ACCEPTANCE

BY SUBMITTING AN ORDER ON OUR WEBSITE, BY REQUESTING OR ALLOWING THAT WORK OR ORDER FULFILLMENT BE COMMENCED EITHER VERBALLY, BY EMAIL, SMS TEXT, IN WRITING, OR BY ANY OTHER MEANS, THE PURCHASER (CLIENT) AGREES TO BE BOUND BY, AND TO, THIS AGREEMENT, AND THE TERMS AND CONDITIONS CONTAINED HEREIN, and, ALL ADDITIONAL TERMS AND CONDITIONS AS MAY BE APPLICABLE IN ANY ESTIMATE GIVEN TO THE CLIENT IN ADVANCE OF THE WORK BEING PERFORMED.

Thank you again for your business. Please feel free to contact us by email using the button below, or by telephone, if you have any questions about our Terms of Payment, Sales, Service, or Warranty. 

End of document.  

This document was last revised on:  October 22, 2016.