Contract Terms and Conditions

HOLLAND AQUARIUMS ENTERPRISES LTD.

Terms and Conditions

These Terms and Conditions form part of every quotation, estimate, proposal, contract, invoice, purchase order, and sale provided by Holland Aquarium Enterprises Ltd. ("Holland Custom Aquariums", HCA", "we", "our", or "us"). By accepting a quotation, estimate, proposal, invoice, contract, or by providing a deposit, the customer ("Client") agrees to be bound by these Terms and Conditions.

1. ACCEPTANCE OF CONTRACT

A contract shall be deemed accepted when:

a) The Client signs and returns a quotation, estimate, proposal, or contract; or

b) The Client provides a deposit payment; or

c) The Client instructs HCA to proceed with any work.

Once accepted, these Terms and Conditions become legally binding.

2. DEPOSIT REQUIREMENTS

A non-refundable deposit equal to fifty percent (50%) of the total quoted project value is required before any work, design, fabrication, ordering of materials, scheduling, or installation commences.

No work will begin until the required deposit has been received and cleared.

3. FINAL PAYMENT

The remaining balance is due immediately upon project completion.

Project completion includes, but is not limited to:

Completion of installation;

Delivery of equipment;

Completion of plumbing work;

Completion of stand installation;

Completion of aquarium installation; or

Substantial completion as determined by HCA.

Final payment must be made before HCA releases ownership, transfers possession of equipment, or provides ongoing support services.

Late payments are subject to interest charges of 2% per month (24% annually) on overdue balances.

The Client shall be responsible for all legal, collection, and recovery costs incurred by HCA in collecting unpaid amounts.

4. ALL SALES FINAL

ALL SALES ARE FINAL.

No refunds shall be provided for:

Deposits;

Custom-built aquariums;

Custom stands;

Custom cabinetry;

Custom fabricated components;

Special order products;

Installed equipment;

Labour;

Design work;

Travel expenses;

Shipping charges;

Delivery charges.

Returns shall only be considered at HCA's sole discretion.

5. CLIENT CANCELLATION

If the Client cancels a project after acceptance:

a) The deposit shall be forfeited in full.

b) The Client shall reimburse HCA for all labour, materials, design work, custom fabrication, shipping costs, travel expenses, and supplier charges incurred up to the cancellation date.

c) If project costs exceed the deposit amount, the Client shall remain responsible for the outstanding balance.

6. DELIVERY AND SHIPPING

Delivery, transportation, freight, crane services, moving services, equipment rentals, and related charges may not be included in the original estimate unless specifically stated in writing.

Additional delivery or transportation charges may apply at any time if site conditions, access restrictions, weight requirements, distance, or project changes require additional resources.

The Client is responsible for ensuring safe and unobstructed access to the installation location.

7. TRAVEL EXPENSES

Projects located outside the Lower Mainland and Fraser Valley are subject to travel charges.

Travel expenses may include:

Vehicle mileage;

Fuel;

Ferry costs;

Airfare;

Accommodation;

Meals;

Parking;

Travel time;

Equipment transportation.

Travel expenses may be invoiced separately and are payable by the Client.

8. SERVICE APPOINTMENTS AND CANCELLATIONS

Scheduled service visits, consultations, deliveries, and installations cancelled with less than forty-eight (48) hours notice may be subject to cancellation fees.

Projects outside the Lower Mainland and Fraser Valley may incur additional cancellation charges, including travel expenses already incurred.

If HCA personnel arrive on site and are unable to perform work due to Client-related issues, a minimum service charge may apply.

9. SITE READINESS

The Client is responsible for ensuring the installation site is suitable and ready before delivery and installation.

This includes:

Structural support requirements;

Electrical service;

Plumbing service;

Adequate access;

Required permits;

Building approvals;

Site preparation.

Any delays caused by site conditions may result in additional charges.

HCA shall not be responsible for costs resulting from site deficiencies.

10. LIMITATION OF LIABILITY

HCA shall not be liable for:

Water damage;

Flooding;

Structural damage;

Electrical failures;

Livestock loss;

Fish loss;

Coral loss;

Plant loss;

Loss of use;

Property damage;

Business interruption;

Consequential damages;

Incidental damages.

The Client accepts all risks associated with aquarium ownership and operation.

Under no circumstances shall HCA's liability exceed the amount paid to HCA for the specific project or service giving rise to the claim.

11. WARRANTY – CUSTOM AQUARIUMS

HCA warrants custom aquarium glass construction and plumbing workmanship for one (1) year from the date of installation.

This warranty applies only to defects in workmanship and materials supplied by HCA.

The warranty does not cover:

Accidental damage;

Abuse;

Misuse;

Improper maintenance;

Acts of God;

Earthquakes;

Floods;

Fire;

Structural movement;

Improper modifications;

Damage caused by third parties;

Damage caused by equipment failures not supplied by HCA.

12. WARRANTY – CUSTOM STANDS

Where HCA supplies and installs the stand, the aquarium glass and stand structure are warranted for two (2) years from the installation date.

The warranty is void if:

The stand is altered;

The aquarium is moved;

The stand is not level;

Structural modifications occur;

Third parties perform modifications or repairs.

13. MANUFACTURER WARRANTIES

Equipment supplied by HCA but manufactured by third parties shall be covered solely by the manufacturer's warranty, if any.

HCA makes no additional warranty regarding third-party equipment.

Warranty claims for third-party equipment must be made directly with the manufacturer unless otherwise agreed in writing.

14. LIVESTOCK

All livestock sales are final.

HCA provides no guarantee or warranty on fish, coral, invertebrates, plants, or other living organisms once they have left HCA's possession or have been installed.

15. FORCE MAJEURE

HCA shall not be liable for delays or failures resulting from events beyond its reasonable control, including:

Supplier delays;

Material shortages;

Weather;

Natural disasters;

Labour shortages;

Transportation disruptions;

Government actions;

Utility interruptions.

Project timelines are estimates only and are not guaranteed.

16. OWNERSHIP OF GOODS

Ownership of all products, equipment, aquariums, stands, materials, and components supplied by HCA remains with HCA until full payment has been received.

HCA reserves the right to recover unpaid goods where legally permitted.

17. QUOTATION VALIDITY

All quotations and estimates are valid for thirty (30) days unless otherwise stated.

Pricing may be adjusted after this period due to supplier pricing changes, freight increases, tariffs, currency fluctuations, or material cost increases.

18. DISPUTES

Any dispute arising from these Terms and Conditions shall first be addressed through good-faith negotiation.

If unresolved, disputes shall be governed by the laws of the Province of British Columbia.

The courts of British Columbia shall have exclusive jurisdiction.

19. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between HCA and the Client and supersede all prior discussions, representations, or agreements.

No verbal statements shall modify these Terms and Conditions unless confirmed in writing by HCA.

20. CHANGE ORDERS AND PROJECT MODIFICATIONS

Any changes requested by the Client after acceptance of a quotation, estimate, proposal, or contract shall be considered a Change Order.

Change Orders may include, but are not limited to:

Changes to aquarium dimensions;

Changes to stand design;

Changes to cabinetry;

Equipment substitutions;

Plumbing modifications;

Additional labour;

Delivery changes;

Installation changes.

Holland Custom Aquariums Ltd. reserves the right to issue revised pricing, revised timelines, and additional invoices resulting from Change Orders.

No Change Order shall be binding unless approved by Holland Custom Aquariums Ltd.

21. STORAGE FEES

If a project has been completed, fabricated, assembled, or is otherwise ready for delivery or installation and the Client requests a delay, storage fees may apply.

Storage fees shall be charged at a minimum rate of $100.00 per week or such other amount determined by Holland Custom Aquariums Ltd.

The Client shall remain responsible for all storage, handling, transportation, and insurance costs incurred as a result of delayed delivery.

Any estimated installation dates may be revised following a delay.

22. CLIENT ACCESS AND INSTALLATION REQUIREMENTS

The Client is solely responsible for ensuring safe and adequate access to the installation location.

This includes, but is not limited to:

Doorway clearances;

Hallway access;

Stairway access;

Elevator access;

Structural support;

Parking availability;

Crane access;

Window removal;

Building permits;

Strata approvals;

Municipal approvals.

Any additional labour, equipment, crane services, moving services, glass handling services, or subcontractors required to complete delivery or installation shall be charged to the Client.

If delivery or installation cannot proceed due to access restrictions, the Client shall remain responsible for all associated costs.

23. THIRD-PARTY CONTRACTORS

Holland Custom Aquariums Ltd. shall not be responsible for work performed by third-party contractors, including but not limited to:

Electricians;

Plumbers;

Cabinet makers;

Millworkers;

General contractors;

Flooring contractors;

Home builders;

Renovation contractors;

Movers.

Any damage, failure, leak, delay, or loss caused by third-party work shall not be covered under warranty and shall not create liability for Holland Custom Aquariums Ltd.

24. PHOTOGRAPHY AND MARKETING RIGHTS

Holland Custom Aquariums Ltd. reserves the right to photograph, video record, and otherwise document completed projects for marketing, advertising, promotional, educational, portfolio, website, social media, and publication purposes.

The Client grants Holland Custom Aquariums Ltd. a perpetual, royalty-free license to use photographs and videos of completed installations.

No personal identifying information shall be disclosed without consent.

Clients wishing to opt out must provide written notice prior to installation.

25. WARRANTY REQUIREMENTS

Any warranty provided by Holland Custom Aquariums Ltd. shall be void if:

Equipment is altered or modified;

Plumbing is altered or modified;

The aquarium is moved;

The stand is moved;

Third-party repairs are performed;

Manufacturer installation requirements are not followed;

Improper maintenance occurs;

Water quality is neglected;

Livestock overload occurs;

Structural support deficiencies exist.

Warranty claims must be reported in writing within seven (7) days of discovery.

Holland Custom Aquariums Ltd. reserves the right to inspect any alleged defect before approving warranty coverage.

26. MAINTENANCE REQUIREMENTS

Where Holland Custom Aquariums Ltd. recommends a maintenance schedule, failure to follow reasonable maintenance requirements may void applicable warranties.

Proof of maintenance may be required before warranty coverage is approved.

27. WATER DAMAGE DISCLAIMER

Aquariums, plumbing systems, filtration systems, pumps, fittings, valves, and associated equipment contain water and inherently carry risk.

The Client acknowledges that leaks, overflows, condensation, equipment failures, power failures, plumbing failures, user error, and unforeseen events may occur.

Holland Custom Aquariums Ltd. shall not be liable for:

Water damage;

Mold;

Flooring damage;

Cabinet damage;

Drywall damage;

Structural damage;

Electrical damage;

Loss of property;

Business interruption;

Insurance deductibles;

Consequential losses.

The Client is responsible for obtaining and maintaining adequate insurance coverage.

28. TIMELINES AND COMPLETION DATES

Any completion date, delivery date, fabrication date, installation date, or project timeline provided by Holland Custom Aquariums Ltd. is an estimate only.

Holland Custom Aquariums Ltd. shall not be liable for delays resulting from:

Supplier delays;

Shipping delays;

Customs delays;

Tariffs;

Material shortages;

Weather;

Labour shortages;

Client delays;

Site readiness issues;

Third-party contractor delays.

No penalties, damages, or compensation shall be payable due to scheduling delays.

29. RIGHT TO SUSPEND WORK

Holland Custom Aquariums Ltd. reserves the right to suspend work immediately if:

Payments become overdue;

Site conditions are unsafe;

Required permits are not obtained;

Access is restricted;

The Client interferes with work;

Verbal abuse, harassment, or threatening behaviour occurs.

Any resulting delays or costs shall be the responsibility of the Client.

30. LIMITATION OF DAMAGES

Under no circumstances shall Holland Custom Aquariums Ltd. be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages.

The maximum liability of Holland Custom Aquariums Ltd. for any claim shall be limited to the amount paid by the Client for the specific project or service giving rise to the claim.

31. SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

32. LEGAL FEES AND COLLECTION COSTS

The Client shall be responsible for all costs incurred by Holland Custom Aquariums Ltd. in enforcing these Terms and Conditions, including:

Collection agency fees;

Legal fees;

Court costs;

Administrative costs;

Interest charges.

Such costs shall be recoverable in addition to any outstanding balance.

33. ACCEPTANCE OF TERMS

Payment of a deposit, acceptance of a quotation, authorization to proceed, scheduling of work, or acceptance of delivery shall constitute acceptance of these Terms and Conditions regardless of whether a physical signature is obtained.HOLLAND CUSTOM AQUARIUMS LTD.

34. STRUCTURAL RESPONSIBILITY AND WEIGHT DISCLAIMER

The Client acknowledges that aquariums, stands, cabinetry, water, rock, substrate, and associated equipment can impose substantial weight loads on floors, walls, foundations, and supporting structures.

Holland Custom Aquariums Ltd. does not provide engineering, architectural, structural, geotechnical, or building code compliance services unless expressly agreed to in writing.

The Client is solely responsible for ensuring that the installation location and all supporting structures are suitable and capable of safely supporting the total system weight.

Where deemed necessary by Holland Custom Aquariums Ltd., the Client may be required to obtain a structural assessment from a qualified professional engineer at the Client's expense prior to installation.

Holland Custom Aquariums Ltd. shall not be liable for:

Structural failure;

Floor deflection or sagging;

Cracked flooring;

Cracked drywall;

Foundation settlement;

Wall damage;

Cabinet failure not supplied by Holland Custom Aquariums Ltd.;

Building movement;

Property damage;

Personal injury;

Economic loss;

Consequential damages;

arising from the weight, placement, operation, or existence of the aquarium system.

The Client accepts full responsibility for verifying structural suitability before installation and agrees to indemnify and hold harmless Holland Custom Aquariums Ltd., its owners, employees, contractors, and representatives from any claims, losses, damages, costs, or liabilities arising from structural issues related to the installation.

Where Holland Custom Aquariums Ltd. provides recommendations regarding placement or support requirements, such recommendations are provided for general guidance only and shall not be construed as engineering advice or a structural certification.

35. CLIENT INSURANCE REQUIREMENT

The Client acknowledges that aquariums and related systems inherently involve risks, including but not limited to water leaks, overflows, plumbing failures, equipment malfunctions, power outages, livestock losses, moisture damage, and other unforeseen events.

The Client agrees to maintain adequate insurance coverage, including homeowner's insurance, tenant insurance, condominium insurance, commercial property insurance, business insurance, or any other applicable coverage necessary to protect against potential losses associated with the aquarium system.

The Client understands and agrees that Holland Custom Aquariums Ltd. is not an insurer and does not provide insurance coverage for any aspect of the aquarium system, livestock, equipment, property, or related losses.

Holland Custom Aquariums Ltd. shall not be responsible for:

Insurance deductibles;

Uninsured losses;

Underinsured losses;

Denied insurance claims;

Property damage claims;

Livestock losses;

Business interruption losses;

Temporary relocation expenses;

Loss of income;

Consequential damages arising from any aquarium-related incident.

The Client agrees that any claim for property damage, water damage, or related losses shall first be directed to the Client's insurance provider where applicable.

The Client further agrees to indemnify and hold harmless Holland Custom Aquariums Ltd., its owners, officers, employees, subcontractors, and representatives from claims arising from losses that would otherwise be covered by the Client's insurance policies.

Failure by the Client to maintain adequate insurance coverage shall not create any additional liability for Holland Custom Aquariums Ltd.

CONTACT INFORMATION

Holland Aquarium Enterprises

Contact: Sean Holland

Email: [email protected]