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Quebec

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Yukon

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WINMAR® WORK AUTHORIZATION

STANDARD CONTRACT TERMS

ACCEPTANCE BY OWNER. Owner signifies acceptance of these Standard Contract Terms by signing a WINMAR® Work Authorization. Any proposed modifications to the Work Authorization or these Standard Contract Terms by Owner (including, without limitation, different or additional terms, whether hand written on the Work Authorization, or expressed orally or in written communications, acknowledgements, communications or otherwise) shall be considered material and are hereby expressly rejected. Acceptance of any payment or any inaction by WINMAR® shall not constitute its consent to or acceptance of any terms and/or conditions not contained in these Standard Contract Terms, all of which are hereby expressly rejected. The Work Authorization is expressly limited to, and expressly conditioned upon, Owner’s acceptance of these Standard Contract Terms. Notification of objection to and rejection of any and all different or additional terms in any response to the Work Authorization from the Owner is hereby given and receipt thereof is acknowledged by Owner. WINMAR® may modify, replace or update these Standard Contract Terms at any time and from time to time. It is Owner’s responsibility to ensure that it has reviewed and is familiar with the Standard Contract Terms in effect as of the time that it signs the Work Authorization. Owner will be bound by the Standard Contract Terms in effect as of the time it executes the Work Authorization.

Interpretation  For the purposes of the Work Authorization and these Standard Contact Terms, “WINMAR®” includes the WINMAR® franchisee or franchisees performing the Work, and the officers, directors, partners, independent contractors, sub-contractors, employees, agents and servants, and its and their affiliates, subsidiaries, associates and respective officers, directors, partners, independent contractors, sub-contractors, employees, agents and servants or any of their respective representatives. “You” and “I” includes the individual or business authorizing the Work, your family or employees and any resident, guest, tenant or invitee of the Property at which the Work is performed and each of their respective heirs, next of kin, executors, administrators and assigns. You agree and acknowledge that you are not contracting with WINMAR (Canada) International, Ltd. or any of its affiliates (“WCI”).

Scope of Work  The Work described on the front of this contract is the only work or service to be performed by WINMAR® on behalf of the Owner, subject to any written change order. The Owner acknowledges and agrees that: a) the Owner has participated in the development and approval of the scope of the Work, and that the Work represents WINMAR® and the Owner’s mutual best estimate of what is required to remediate the Property; b) the Property may not be capable of being restored or remediated to the same condition that existed prior to commencement of the Work; c) certain latent defects in the Property, or the condition of the Property prior to commencement of the Work, may not be detected, and therefore may not be included in the Work, and may in fact be aggravated by the completion of the Work; and d) WINMAR® is under no express or implied duty to perform any work beyond the Work.

Limited Warranty  WINMAR® warrants that all Work will be performed in a good and workmanlike manner. The sole obligation of WINMAR® under this limited warranty will be to repair or replace, at its sole option, any defective Work at its expense, provided WINMAR® has been notified in writing of the defect within 12 months of the date of substantial completion of the Work. The warranty period may be extended by written agreement between WINMAR®, WCI and the insurer. This warranty will not extend to any Work that has been subject to misuse, vandalism, damage from or exposure to hazardous materials, neglect, lack of maintenance, accident, Acts of God/nature, fire, flood, storms, structural defects, theft, explosion, Pre-existing Conditions, previous or subsequent repairs, design deficiency, power failure, rodent, insect or animal damage. This limited warranty replaces all other warranties, whether statutory, express or implied.

Assumption of Risk  Certain events, such as fire (and the use of water or other chemicals to suppress the fire), flood, sewer backup or roof damage may result in moisture accumulation or other damage to the Property. There may also be Pre-existing Conditions causing moisture accumulation, such as inadequate venting. Moisture accumulation may cause a deterioration of soil conditions, erosion, deterioration of foundations, shifting, settling, the growth of harmful moulds or fungi, and other consequences (these consequences, and all other damages resulting from the condition, are referred to as “Consequences”). Other Pre-existing Conditions (referred to as “Pre-existing Conditions”) such as latent structural defects or imperfections, or the presence of Urea Formaldehyde Foam Insulation or asbestos, may be disturbed or aggravated in the course of the Work, resulting in an increased health risk to those present in the Property, or damages to or deterioration in the structure or other elements of the Property. Pre-Existing Conditions also includes the possibility that any person present on the Property to perform Work may suffer from an infectious disease which could be communicated to the Owner or others at the Property. Owner acknowledges that these Consequences and Pre-existing Conditions cannot be completely identified, quantified, minimized, prevented or eliminated. Owner accepts and fully assumes any and all risks, dangers and hazards and the possibility of personal injury, death, disability, property damage or loss resulting from any and all such consequences and pre-existing conditions.

Limitation of Liability. Except for acts of gross negligence, theft or fraud, the cumulative liability of each party for all claims arising from or relating to this agreement, including, without limitation, any claim based in contract, tort, statute, or otherwise howsoever arising, will not exceed the fees paid to WINMAR® by owner in the twelve month period preceding the date of the claim. No action or proceeding relating to this agreement may be commenced by Owner more than one year after the cause of action arises.

Privacy  WINMAR® or WCI may collect personal information for the purposes of assessing and administering your claim and providing contracting and restoration services to you, and advising you of related services or offers available from WINMAR® or WCI. Owner authorizes WINMAR®, WCI, insurance companies, service providers and others to exchange personal information when necessary for these purposes. The WINMAR®/WCI privacy policy is available on request, or on-line at https://www.WINMAR.ca/privacy-policy/.