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ADAM CRANE TERMS AND CONDTIONS

BACKGROUND

  • The Client acknowledges that the Contractor possesses the necessary qualifications, experience, and capabilities to render services to the Client, and the Contractor agrees to provide such services to the Client under the terms and conditions outlined in this Agreement.

  • IN CONSIDERATION OF the matters described above and the mutual benefits and obligations set forth herein, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) hereby agree as follows:

  • SERVICES PROVIDED

  • The Client hereby engages the Contractor to provide the following services (the "Services"):

  • Crane Operator

  • Mobile Crane

  • The Services shall also encompass any additional tasks agreed upon by the Parties. The Contractor undertakes to provide such Services to the Client.

  • TERM OF AGREEMENT

  • The Term of this Agreement shall commence on the date of execution and shall continue indefinitely until terminated as specified herein. Either Party may terminate this Agreement by providing 10 days' written notice to the other Party. Immediate termination is permitted in the event of a material breach, with the defaulting Party liable for indemnification.

  • PERFORMANCE

  • The Parties commit to fulfilling all obligations outlined in this Agreement.

  • CURRENCY

  • All monetary transactions referenced herein are denoted in CAD (Canadian Dollars), unless otherwise specified.

  • COMPENSATION

  • The Contractor will invoice the Client for Services rendered at the agreed-upon rate. Rates may vary depending on project specifics, including crane size and required personnel. Invoices are due within 1 day of receipt unless terms have been approved by the accounting department at Adam Crane.

  • The Compensation excludes sales tax and other applicable duties, which shall be charged to the Client in addition to the agreed-upon Compensation.

  • For payment security and convenience, credit card information provided by the Client will serve as a form of backup for payment and can be utilized as the default payment method if chosen by the customer. The terms of payment will be determined based on the credit application process. It is mandatory for all new customers to have a credit card on file.

  • REIMBURSEMENT OF EXPENSES

  • The Contractor shall be reimbursed for reasonable and necessary expenses incurred in providing the Services, subject to pre-approval by the Client.

  • PENALTIES FOR LATE PAYMENT

  • Interest at a rate of 3.00% per annum or the maximum rate allowable by law, whichever is lower, shall be levied on overdue amounts.

  • CONFIDENTIALITY

  • The Contractor agrees not to disclose or utilize Confidential Information obtained during the course of providing Services, unless authorized by the Client or required by law. Confidentiality obligations endure beyond the Agreement's termination.

  • OWNERSHIP OF INTELLECTUAL PROPERTY

  • Intellectual Property developed under this Agreement shall belong to the Contractor, granting the Client a non-exclusive limited-use license.

  • RETURN OF PROPERTY

  • Upon termination, the Contractor shall return all Client property, documentation, and Confidential Information.

  • CAPACITY/INDEPENDENT CONTRACTOR

  • The Contractor acts as an independent contractor, and this Agreement does not establish an employment relationship.

  • RIGHT OF SUBSTITUTION

  • The Contractor may engage sub-contractors at their discretion. The Client shall not engage third parties for Services covered under this Agreement.

  • AUTONOMY

  • The Contractor retains autonomy over work methods and decision-making, subject to meeting Client requirements.

  • EQUIPMENT

  • The Contractor shall provide all necessary equipment at their expense.

  • NO EXCLUSIVITY

  • This Agreement is non-exclusive, permitting either Party to engage third parties for similar services.

  • NOTICE

  • All communications shall be in writing and delivered to the addresses provided herein or as subsequently updated.

  • INDEMNIFICATION

  • Each Party indemnifies the other against claims arising from their acts or omissions, subject to applicable law.

  • MODIFICATION OF AGREEMENT

  • Amendments to this Agreement require written consent from both Parties.

  • TIME OF THE ESSENCE

  • Strict adherence to timelines is essential under this Agreement.

  • ASSIGNMENT

  • The Contractor shall not assign obligations without the Client's written consent.

  • ENTIRE AGREEMENT

  • This Agreement constitutes the entire understanding between the Parties, superseding all prior agreements.

  • ENUREMENT

  • This Agreement binds successors and assigns of the Parties.

  • TITLES/HEADINGS

  • Headings are for convenience and do not affect interpretation.

  • GENDER

  • Words denoting one gender include all genders.

  • GOVERNING LAW

  • This Agreement is governed by the laws of the Province of Alberta.

  • SEVERABILITY

  • Invalid provisions do not invalidate the Agreement.

  • WAIVER

  • Waiver of breach does not waive subsequent breaches.

  • MODIFICATION OF AGREEMENT

  • The terms and conditions of this Agreement, including but not limited to compensation, payment methods, and service provisions, are subject to change at any time at the discretion of the Contractor. Such modifications may occur without prior notice to the Client. It is the responsibility of the Client to regularly review the terms and conditions for any updates or changes. Continued use of the Services following any modifications shall constitute acceptance of the revised terms and conditions.

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