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Terms & Conditions

POXY.CA  SERVICE TERMS, CONDITIONS & CUSTOMER AGREEMENT

Effective Date: June 10, 2026

This Service Terms, Conditions & Customer Agreement ("Agreement") governs all quotations, estimates, proposals, work orders, invoices, services, products, and installations provided by Poxy.ca ("Poxy", "Company", "we", "our", or "us").

By requesting a quote, approving an estimate, signing a proposal, paying a deposit, permitting work to commence, or otherwise engaging the Company for services, the customer ("Customer", "you", or "your") agrees to be legally bound by this Agreement.

1. Scope of Services

Poxy.ca provides epoxy flooring, polyaspartic coatings, concrete coatings, concrete preparation, concrete grinding, crack repair, decorative flooring systems, and related services.

The Company shall perform only those services specifically identified in the accepted quotation, proposal, invoice, or work order.

Any work requested outside the original scope shall constitute a change order and may result in additional charges.

2. Estimates and Quotations

All estimates, quotations, and proposals are provided in good faith based upon information available at the time of preparation.

Unless otherwise stated in writing:

  • Quotes remain valid for thirty (30) calendar days.

  • Prices are subject to material availability.

  • Pricing may change due to market conditions, supply chain disruptions, taxes, freight costs, or unforeseen project conditions.

  • Site visits do not guarantee identification of all existing conditions.

The Company reserves the right to revise pricing where hidden, concealed, or unforeseen conditions are discovered before or during performance of work.

No quotation shall be deemed a guaranteed final price unless expressly identified as a fixed-price contract.

3. Customer Representations

The Customer represents and warrants that:

  • They are the legal owner of the property or have authority to authorize the work.

  • All information provided regarding the property is accurate and complete.

  • The work area is structurally suitable for the requested installation.

  • No known environmental hazards, contamination, or dangerous conditions exist within the work area unless disclosed in writing.

The Customer shall indemnify and hold harmless Poxy.ca from losses arising from inaccurate or incomplete information provided by the Customer.

4. Site Conditions

Concrete and substrate conditions cannot be fully assessed until preparation work begins.

The Customer acknowledges that pre-existing conditions may exist including but not limited to:

  • Moisture intrusion

  • Hydrostatic pressure

  • Concrete deterioration

  • Structural movement

  • Surface contamination

  • Previous coatings

  • Hidden repairs

  • Cracks and settlement issues

If such conditions are discovered, the Company may:

  • Suspend work;

  • Recommend additional corrective services;

  • Issue a revised quotation;

  • Decline to proceed until corrective measures are completed.

The Company shall not be responsible for project delays resulting from undisclosed or unforeseen site conditions.

5. Concrete Cracking and Structural Movement

The Customer acknowledges that concrete naturally expands, contracts, settles, and moves over time.

The Company does not warrant or guarantee against:

  • Future cracking;

  • Expansion joint movement;

  • Settlement;

  • Structural shifting;

  • Surface fractures;

  • Reflective cracking through coatings.

Any repair performed to existing cracks is cosmetic in nature unless otherwise stated in writing and does not constitute a guarantee that future cracking will not occur.

6. Moisture and Water Intrusion

The Customer acknowledges that moisture-related failures are among the most common causes of flooring system failure.

The Company shall not be liable for failures arising from:

  • Hydrostatic pressure;

  • Groundwater infiltration;

  • Moisture vapor transmission;

  • Flooding;

  • Plumbing leaks;

  • Drain failures;

  • Foundation seepage;

  • Improper building construction.

Unless specifically included within the scope of work, moisture mitigation systems are not provided or guaranteed.

7. Colour, Texture, and Appearance

Due to variations in manufacturing, concrete conditions, lighting, installation techniques, and environmental factors, the Customer acknowledges that:

  • Colour variations may occur;

  • Decorative flake distribution may vary;

  • Texture variations may occur;

  • Gloss levels may differ;

  • Samples are representative only.

Minor cosmetic variations shall not constitute defects.

The Company makes no guarantee that the final installed floor will exactly match any sample, photograph, rendering, or previous installation.

8. Scheduling and Delays

All installation dates and completion dates are estimates only.

The Company shall not be liable for delays caused by:

  • Weather;

  • Product shortages;

  • Transportation disruptions;

  • Labour shortages;

  • Utility interruptions;

  • Government actions;

  • Force majeure events;

  • Acts of God;

  • Circumstances beyond the Company's reasonable control.

The Company reserves the right to reschedule projects when necessary.

9. Customer Access and Preparation

The Customer shall ensure:

  • Safe access to the work area;

  • Adequate electrical supply;

  • Adequate lighting;

  • Removal of vehicles and personal property;

  • Access to washrooms where reasonably required;

  • Compliance with all applicable property regulations.

Additional fees may apply where work is delayed due to customer-related issues.

10. Payment Terms

Unless otherwise agreed in writing:

  • Deposits are due upon acceptance of the quotation.

  • Progress payments may be required.

  • Final payment is due immediately upon substantial completion.

Late payments shall accrue interest at a rate of 2% per month (24% annually) or the maximum amount permitted by law, whichever is lower.

The Customer shall be responsible for all costs associated with collection efforts, including legal fees, court costs, collection agency fees, and administrative expenses.

11. Deposits and Cancellations

Deposits secure scheduling, labour allocation, and material procurement.

Deposits become non-refundable once:

  • Materials have been ordered;

  • Production has commenced;

  • Scheduling has occurred;

  • Labour resources have been allocated.

Cancellation requests must be submitted in writing.

The Company reserves the right to retain all or part of any deposit to recover losses resulting from cancellation.

12. Warranty Limitations

Any warranty provided by the Company shall:

  • Be limited solely to workmanship defects;

  • Be non-transferable;

  • Apply only to the original customer;

  • Require proof of payment in full.

Warranty coverage shall automatically become void if:

  • The floor is modified by others;

  • Improper cleaning products are used;

  • Structural movement occurs;

  • Water intrusion occurs;

  • Flooding occurs;

  • Abuse, misuse, negligence, or accidents occur;

  • Heavy industrial use exceeds intended application.

Except where prohibited by law, all implied warranties are expressly disclaimed.

13. Limitation of Liability

To the fullest extent permitted by applicable law:

The total liability of Poxy.ca arising from any claim shall be limited to the amount actually paid by the Customer for the specific services giving rise to the claim.

Under no circumstances shall the Company be liable for:

  • Lost profits;

  • Loss of use;

  • Business interruption;

  • Indirect damages;

  • Consequential damages;

  • Incidental damages;

  • Special damages;

  • Punitive damages.

14. Indemnification

The Customer agrees to defend, indemnify, and hold harmless Poxy.ca, its owners, employees, contractors, agents, affiliates, successors, and assigns from any claims, losses, damages, liabilities, costs, or expenses arising from:

  • Customer negligence;

  • Misuse of the flooring system;

  • Undisclosed site conditions;

  • Customer-provided information;

  • Third-party actions.

15. Photography and Marketing Rights

Unless otherwise prohibited by law or agreed to in writing before commencement of work, the Customer grants Poxy.ca a perpetual, royalty-free, worldwide license to photograph, record, and use project images for:

  • Marketing;

  • Advertising;

  • Social media;

  • Website content;

  • Portfolios;

  • Promotional materials.

No personal identifying information shall be published without consent.

16. Force Majeure

The Company shall not be liable for delays, failures, or inability to perform caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, labour disruptions, governmental actions, civil unrest, material shortages, transportation failures, or utility interruptions.

17. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Any dispute shall be subject to the exclusive jurisdiction of the courts located within Ontario, Canada.

18. Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, negotiations, and understandings relating to the services provided by Poxy.ca.

Contact Information

POXY.CA

Email: inquirypoxy.ca@gmail.com

Website: https://poxy.ca

Ontario, Canada

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