Workshop Service Terms

These Terms apply to all services performed by our workshop, including but not limited to:

• Mechanics — diagnosis, mechanical work and adjustments;
• Repair — repair of trailers, machinery, excavators, lifts, vehicles and related equipment;
• Maintenance — preventive and corrective servicing;
• Reinforcement and modification — structural reinforcement, modification and adaptation of Equipment;
• Installation — installation of parts, accessories and components.

These Terms apply in addition to any specific written work order, estimate or invoice. Where a specific document and these Terms both apply, they are read together; in the event of a genuine conflict, the specific written document signed or accepted by both parties prevails for the transaction it covers.

Before undertaking work, we carry out a prior assessment of the Equipment to identify the work reasonably required.

• We will not undertake any major repair or work without the Customer's prior authorization. Authorization may be given in person, by telephone, by email or by any other means we can reasonably document.
• On request, and in the cases and manner required by applicable law, we will provide a written estimate before performing the work. The estimate describes the work to be done, the parts to be supplied and the anticipated cost of parts and labour.
• Where a written estimate has been provided, we will not charge for preparing it unless we have first informed you of any applicable charge, in accordance with the rules that apply.
• The cost of work will not exceed the amount of an accepted estimate unless you authorize the increase, except as otherwise permitted by law.
• If, during the work, we discover that additional or different work is needed, we will contact you and obtain your authorization before proceeding, except where immediate action is required to prevent injury or further damage and prior contact is not reasonably possible.

These rules exist for your protection and do not diminish any right you hold under the Consumer Protection Act regarding estimates and automobile or other repairs.

Depending on the work and on availability, parts used may be new, used or supplied by the Customer. Where relevant and required, we will indicate on the estimate or invoice the nature of the parts used.

• New and used parts supplied by the Company are covered by the applicable manufacturer or supplier warranty, if any, and by the legal warranties that apply under the law. We will pass on to you the benefit of any transferable manufacturer or supplier warranty.
• Parts supplied by the Customer: where you provide the part to be installed, our responsibility and any warranty are limited to the labour (the installation or work we perform), to the extent permitted by law. We do not warrant the part itself, its suitability, its quality, its durability or its compatibility, and we are not responsible for a failure, defect or damage caused by, or originating in, a Customer-supplied part. Nothing in this paragraph limits any mandatory legal warranty that applies to our labour, nor any right you hold by law.

Replaced parts are disposed of by us unless you ask, before the work begins, to keep them, and unless applicable law provides otherwise.

We stand behind our workmanship. Subject to the exclusions below and to the extent permitted by law, we provide a reasonable warranty on the labour we perform, meaning that if the same work proves defective as a result of our workmanship within a reasonable period, we will correct it.

This warranty does not cover, to the extent permitted by law:

• Normal wear and tear of parts and Equipment;
• Misuse, abuse, negligence or accident, including improper operation;
• Overloading or use of the Equipment beyond its rated capacity or intended purpose;
• Work, repairs, modifications or maintenance carried out by a third party or by the Customer after our service;
• Parts supplied by the Customer, as set out in Section 3;
• Failures caused by a pre-existing condition or defect not covered by the work performed, or by conditions outside our control.

Your mandatory rights are preserved. This warranty is granted in addition to, and does not replace or reduce, the legal warranty of quality and durability and any other legal warranty owed to you under the Consumer Protection Act, the Civil Code of Québec or any other applicable law. Those rights remain fully in force.

Any completion date or duration we give is an estimate only and is not guaranteed. Timelines depend on factors including the availability of parts, the scope of work actually required once the Equipment is inspected, the need for additional authorizations and other circumstances beyond our reasonable control.

• We will make reasonable efforts to complete the work within the estimated time and to keep you informed of any material delay.
• To the extent permitted by law, we are not liable for any delay in the completion of the work, nor for any resulting loss of use, loss of profit, rental cost or other indirect or consequential loss.

This Section does not limit any remedy you may have where a delay results from our fault and the law entitles you to that remedy.

To the extent permitted by law, and subject to the mandatory rights preserved below:

• We are not liable for pre-existing defects, wear or conditions of the Equipment that are outside the scope of the work we were authorized to perform;
• We are not responsible for personal items, tools, cargo or belongings left in or on the Equipment. Please remove all personal property before leaving the Equipment with us;
• Our total liability arising out of or in connection with the work is limited to the extent permitted by law, and where such a limitation is permitted, to the amount you paid for the work concerned.

Mandatory exceptions (limits that do not apply). Nothing in these Terms limits or excludes our liability, and nothing above applies, to the extent the law does not allow it. In particular, we do not exclude or limit our liability for bodily injury or moral injury caused to a person, nor for our gross or intentional fault, and we do not ask you to waive the legal warranty of quality and durability or any other mandatory protection under the Consumer Protection Act. Your rights of public order remain fully preserved.

In accordance with the Civil Code of Québec, we may retain the Equipment until we have been paid in full for the work performed and the parts supplied. This right of retention entitles us to hold physical possession of the Equipment as security for the amount owed to us for the service rendered on that Equipment.

• We may exercise this right until full payment of the invoice relating to the Equipment, including any applicable taxes and, where permitted by law, reasonable storage charges.
• We will exercise this right in accordance with the law and, once payment is received in full, we will release the Equipment to you.

Once the work is complete or an estimate has been declined, you must retrieve the Equipment within a reasonable time after we notify you that it is ready.

• If the Equipment is not claimed within a reasonable delay after such notice, we may charge reasonable storage fees for the period the Equipment remains in our care, to the extent permitted by law. Storage fees, where they apply, accrue from the end of the reasonable delay and are payable before the Equipment is released.
• If the Equipment remains unclaimed and the amounts owing remain unpaid for a prolonged period, we may exercise the rights and follow the procedures available to us under the Civil Code of Québec and any other applicable law, which may include disposing of the Equipment after giving the notices and following the formalities required by law.

We will always follow the procedure and notice requirements set by law before taking any such step.

Payment is due in full upon completion of the work, unless otherwise agreed in writing.

• Prices are quoted in Canadian dollars and are subject to applicable taxes.
• We accept the payment methods indicated at our workshop. The Equipment is released once payment has been received in full, subject to our right of retention under Section 7.
• Any amount not paid when due may bear interest at the rate lawfully applicable and stated on the invoice, and reasonable recovery costs may apply to the extent permitted by law.

Where the work involves safety-related components, reinforcement, modification or bringing Equipment into a serviceable condition, we perform the work with the aim of meeting applicable standards and requirements.

• However, the Customer remains responsible for the use, operation, loading and roadworthiness of the Equipment, and for ensuring that the Equipment is used lawfully and safely after it leaves our workshop.
• The Customer is responsible for obtaining and passing any mechanical inspection required by the Société de l'assurance automobile du Québec (SAAQ) or any other authority, and for maintaining the Equipment in a compliant and safe condition over time. Completion of our work does not by itself constitute or replace an official inspection, certification or approval unless we expressly issue one that we are authorized to issue.
• To the extent permitted by law, we are not responsible for non-compliance, damage, injury or penalty arising from the Customer's use, operation, overloading, alteration or lack of maintenance of the Equipment after our service.

Nothing in this Section limits our mandatory liability for bodily or moral injury, for our gross or intentional fault, or under any legal warranty of public order.

These Terms are governed by and interpreted in accordance with the laws in force in the Province of Quebec and the applicable laws of Canada.

Subject to any mandatory rule allowing a consumer to bring an action elsewhere, any dispute arising from or relating to the workshop services or these Terms shall be brought before the competent courts of the judicial district of Laval, Province of Quebec.

For any question concerning these Terms or the work performed on your Equipment, please contact us:

• Location Remorque Laval
• 1870 rue Cunard, Laval, Quebec H7S 2B2
• Telephone: 450-232-7828
• Email: info@locationremorquelaval.ca
• Website: www.locationremorquelaval.ca