Terms & Conditions

This is a working draft of our Master Terms & Conditions, posted here for reference while it completes legal review. It is not yet a finalized, lawyer-approved agreement, and it does not replace any statutory rights or protections you have under Ontario or federal law.

1. General Terms and Acceptance

These Terms & Conditions govern plumbing services, installations, repairs, renovations, maintenance, new construction, and related work performed by Total Plumbing Solutions St. Thomas Inc. (“TPS,” “we,” “us,” or “our”).

These terms apply to residential, commercial, and construction customers, subject to applicable laws and any expressly agreed written contractual provisions.

Customers may accept these terms through signed agreements, electronic estimate approvals, written communications, or other legally valid forms of authorization where permitted.

These Terms & Conditions form part of the agreement between TPS and the customer when properly incorporated and accepted before work begins. Nothing in these terms limits rights or protections that cannot lawfully be waived.

2. Estimates, Quotations, and Scope of Work

Estimates and quotations are based on the information reasonably available to TPS at the time of preparation. Unless otherwise stated, quoted services include only the labour, materials, fixtures, and work specifically described in the estimate — work not expressly included in the approved scope is excluded.

Any changes, additions, or modifications to the original scope may result in additional charges, subject to customer authorization and applicable law. TPS will communicate material changes to pricing or scope before proceeding, except where immediate action is reasonably necessary to prevent imminent danger or damage.

For applicable consumer contracts, statutory estimate protections and written change-order requirements take precedence.

3. Payment Terms

Payment for standard service calls, including applicable labour, materials, service charges, and taxes, is due immediately upon completion of the authorized work, unless otherwise agreed in writing or required by law.

Payment terms for renovations, new construction, commercial projects, and other contracted work will be specified in the applicable quotation, estimate, or agreement.

Overdue balances may accrue simple interest at 2% per month (24% per annum), where legally permitted and properly disclosed and agreed to. TPS may recover reasonable collection costs and legal expenses where permitted by applicable law or awarded by a court or adjudicator.

Payment obligations governed by Ontario’s Construction Act are subject to applicable statutory invoicing, prompt-payment, holdback, and dispute provisions.

4. Deposits and Special-Order Materials

TPS generally does not require deposits for standard service calls or renovation projects unless otherwise expressly agreed. For custom home projects requiring specially ordered fixtures or materials, TPS requires full advance payment for those items before ordering.

Special-order, custom-manufactured, or non-standard materials may be non-refundable once ordered, subject to applicable consumer cancellation, refund, and other statutory rights. Changes or cancellations involving ordered materials may result in recoverable costs where legally permitted.

5. Existing Plumbing Systems and Previous Workmanship

TPS may encounter existing plumbing systems that are aged, deteriorated, improperly installed, damaged, or otherwise deficient. Unless specifically included in the approved scope, TPS does not undertake to inspect, repair, replace, or guarantee the condition of the entire existing plumbing system.

TPS is not responsible for independent failures of existing plumbing or work performed by others where those failures were not caused or contributed to by TPS. Connections to existing systems do not constitute certification or approval of the entire system. TPS will notify the customer of significant defects discovered during its work where reasonably practicable.

6. Concealed and Unforeseen Conditions

Plumbing work may reveal hidden conditions, including deteriorated piping, inaccessible connections, concealed leaks, unsuitable drainage, structural obstructions, or previously non-compliant installations.

Where unforeseen conditions materially affect the approved work, TPS may suspend the affected portion of the project while discussing available solutions with the customer. Additional work and related charges require appropriate customer authorization before proceeding — TPS does not automatically charge customers for concealed conditions merely because they are discovered.

Where a safe or code-compliant installation cannot reasonably proceed under the original scope, TPS may decline to complete the affected work until an appropriate solution is agreed upon.

7. Customer Responsibilities and Property Access

Customers are responsible for providing reasonable and safe access to the work area. Personal belongings, furniture, valuables, and other obstructions must be removed or adequately protected by the customer before work begins unless otherwise agreed.

Customers must disclose known hazards, concealed utilities, previous plumbing issues, and other information reasonably relevant to the work. TPS may postpone or suspend work where access is restricted or working conditions are unsafe.

TPS will exercise reasonable care while working on the property and remains responsible for damage caused by its negligence or other legally actionable conduct.

8. Demolition, Access Openings, and Restoration

Plumbing installation or repair may require access through walls, ceilings, floors, cabinets, concrete, or other finished surfaces. Unless expressly included in the approved estimate, TPS is not responsible for drywall replacement, painting, flooring restoration, cabinetry repairs, tile replacement, decorative finishes, or other non-plumbing restoration work.

TPS will take reasonable precautions to minimize unnecessary damage during authorized plumbing work. Any restoration services specifically included in the approved scope will be performed in accordance with the applicable agreement.

9. Hazardous Materials and Unsafe Conditions

TPS reserves the right to stop or postpone work where suspected asbestos, mould, contaminated materials, hazardous chemicals, or other unsafe conditions are encountered. Where professional assessment, remediation, or removal is required, work may remain suspended until the affected area is appropriately addressed by qualified personnel.

Any resulting scheduling changes or additional plumbing work will be discussed with the customer. TPS will comply with applicable occupational health and safety requirements.

10. Customer-Supplied Fixtures and Materials

TPS may agree to install fixtures, equipment, or materials supplied by the customer on a case-by-case basis. TPS does not provide a manufacturer or product warranty on customer-supplied materials, and customers are responsible for ensuring that supplied items are complete, suitable for the intended installation, and compliant with applicable requirements.

Additional labour arising from missing components, defective products, incompatibility, or manufacturer-related problems may be chargeable with appropriate authorization. TPS remains responsible for its own workmanship and obligations imposed by law.

11. Workmanship Warranty

TPS provides a limited one-year workmanship warranty beginning on the date TPS completes the applicable plumbing work. The warranty applies to defects caused by TPS’s workmanship under normal use and operating conditions.

For new construction, the warranty begins upon completion of TPS’s applicable plumbing work, rather than the date of home possession, unless otherwise agreed or required by applicable law. Manufacturer warranties, builder warranties, and mandatory statutory protections remain unaffected.

This warranty does not cover failures attributable solely to normal wear, misuse, freezing, improper maintenance, unrelated existing plumbing defects, customer-supplied product defects, or alterations by third parties. Customers should notify TPS promptly upon discovering a suspected workmanship defect and provide a reasonable opportunity for inspection and correction. This warranty does not replace or restrict any mandatory statutory rights or remedies.

12. Drain Cleaning, Sewer Work, and Existing Drainage Systems

Drain cleaning, sewer clearing, and related services may involve plumbing systems whose condition cannot be fully determined before work begins. TPS cannot guarantee that clearing an obstruction will prevent future blockages or resolve underlying defects in existing piping.

Deteriorated, cracked, collapsed, root-damaged, or improperly installed drains may require additional repair or replacement. TPS will use reasonable care and appropriate equipment in performing these services, and is not responsible for pre-existing defects or failures it did not cause or contribute to, but remains responsible for damage resulting from its own negligence or improper workmanship.

13. Scheduling, Delays, and Project Coordination

TPS makes reasonable efforts to meet agreed scheduling commitments. Project schedules may be affected by material shortages, supplier delays, weather conditions, permit requirements, site readiness, access restrictions, emergencies, or other circumstances beyond TPS’s reasonable control.

TPS will communicate material delays where reasonably practicable, and is not responsible for losses resulting solely from delays beyond its reasonable control, except where liability cannot lawfully be excluded. Customers and other contractors are responsible for coordinating their respective work where such coordination is outside TPS’s agreed scope.

14. Cancellations and Changes

TPS does not impose a standard late-cancellation or missed-appointment fee. Customers may request cancellation or rescheduling of work by contacting TPS.

Where work has commenced or materials have been specially ordered, the customer may be responsible for properly incurred and legally recoverable costs, subject to applicable cancellation and refund rights. Any statutory cooling-off periods, cancellation procedures, and refund obligations will be honoured.

15. Additional Work and Change Orders

Changes to the original scope of work must be appropriately authorized. Depending on the project and applicable legal requirements, authorization may be documented through signed change orders, electronic approvals, email, text messages, or other legally valid methods.

TPS will provide relevant information about the additional work and its cost before proceeding, where required. Verbal authorization will be relied upon only where legally sufficient.

16. Non-Payment and Suspension of Work

Where payment is overdue, TPS may provide written notice requesting payment and may suspend further work where permitted by the applicable contract and law. TPS reserves all lawful rights and remedies relating to unpaid amounts, including applicable lien, adjudication, collection, and court remedies.

TPS will not suspend work in a manner that creates an unreasonable safety hazard or violates applicable legal obligations. Any suspension or termination will be carried out in accordance with the governing contract and applicable law.

17. Liability and Damages

TPS will perform its services with reasonable care, skill, and diligence consistent with applicable professional and legal standards. TPS is not responsible for losses arising solely from circumstances outside its control, pre-existing defects, or the independent acts or omissions of others, where TPS has not caused or contributed to those losses.

To the extent legally permitted, TPS excludes liability for indirect or consequential losses not reasonably foreseeable at the time of contracting. Nothing in this agreement excludes liability for negligence, breach of contract, or other matters where such exclusion is prohibited or unenforceable.

18. Permits, Inspections, and Code Compliance

Unless otherwise expressly agreed in writing, the customer, property owner, builder, or general contractor is responsible for obtaining and paying for all necessary permits and arranging required inspections.

TPS will perform its contracted plumbing work in accordance with applicable Ontario plumbing codes, licensing requirements, and regulations, and reserves the right to decline or postpone work where required permits or approvals have not been obtained. This allocation of administrative responsibility does not relieve TPS of any legal duties imposed on it as the contractor performing the plumbing work.

19. Disputes and Resolution

Customers are encouraged to contact TPS promptly regarding any concerns about workmanship, invoicing, scheduling, or services. TPS will make reasonable efforts to investigate concerns and resolve disputes professionally and in good faith.

Customers may contact TPS at adam@totalplumbingsolutions.ca. Nothing in this section prevents either party from exercising statutory rights, pursuing applicable adjudication, or accessing a court or other legally available dispute-resolution process.

20. Governing Law

These Terms & Conditions are governed by the laws of the Province of Ontario and the applicable federal laws of Canada. Any disputes will be handled through courts or other lawful dispute-resolution procedures having jurisdiction, subject to mandatory statutory requirements.

21. Photography, Documentation, and Marketing

TPS may take photographs and videos of work areas, plumbing systems, equipment, installations, and completed work for legitimate business purposes, including project documentation, quality control, warranty records, and dispute resolution, subject to applicable privacy laws.

TPS may request permission to use photographs or videos of completed projects for advertising, website content, social media, and promotional materials. Where identifiable customer property, personal information, or other material requiring consent is involved, TPS will obtain appropriate consent before using such material for marketing. Customers are not required to consent to marketing photography as a condition of receiving plumbing services.

22. Severability and Changes to Terms

If any provision of these Terms & Conditions is found unenforceable, the remaining provisions will continue to apply to the extent legally permitted.

TPS may update its published Terms & Conditions periodically. Updated terms will apply to future agreements only when properly incorporated and accepted, and will not unilaterally alter existing contracts.

23. Agreement and Acknowledgment

By accepting a TPS estimate, quotation, work authorization, or service agreement that properly incorporates these Terms & Conditions, the customer acknowledges the applicable terms and agrees to be bound by them, subject to all rights and protections provided by law.