ENEFEN ENERGY EFFICIENCY ENGINEERING LTD. Suite 705, 101-5101 50th Avenue, Leduc, AB T9E 0B9 Suite 213, 9865 West Saanich Rd, North Saanich, BC V8L 5Y8 780-665-2863 Fax: 1-866-583-0520
ENEFEN CLIENT AGREEMENT
1. ACCREDITED INSPECTION BODY ENEFEN is an accredited Type C Inspection Body (IB), authorized by the Standards Council of Canada (SCC) to perform both design and field approvals of installed and operational one-of-a-kind fired appliances, according to OSI/IEC 17020.2012 and ASB_RG_IBAP_2017-03-13.
All client reports and data are confidential except in the event that
the client does not own the subject equipment in which case the owner
will be entitled to full access to reports and technical data.
3. LIMITATION OF LIABILITY
This limitation shall apply unless specified otherwise in writing.
ENEFEN shall not be responsible for the acts and workmanship of the employees, contractors, sub-contractors or agents of the purchaser.
ENEFEN shall not be liable to the purchaser for any loss or injury to persons or property caused in whole or in part by the negligence of the purchaser,
its employees, contractors, suppliers or their employees, agents or subcontractors. In no event shall ENEFEN be liable for special, indirect
or consequential damages.
4. PAYMENT These payment terms shall apply unless specified otherwise in writing:
* Net 30 days after receipt of invoice. * All single stage reports invoiced 100% on delivery of report. * All multistage reports invoiced 100% on completion of last phase, but not later than 30 days after the completion of the first phase. Projects longer in duration than 30 days will be invoiced in monthly progress payments. * Full payment may be required before work can be started for new clients.
5. ADDITIONAL COSTS
Extra charges may apply for these cases:
* Travel to remote sites;
* Where special travel arrangments are necessary;
* If upon inpsection documentation is found to be incorrect;
* If documentation is incomplete;
* If expedited project processing and priority inspection is requested;
* When resulting work exceeds our normal reasonably allotted scope
or time required;
* Addtiional shop/field inspections or re-inspections;
* Multiple reviews due to design changes necessary to bring design to
Code. Hourly charges will be based on our Regular Work Hourly Rate.
Overtime in excess of 8 hrs/day or 40 hrs per week, or holiday work
will be changed at 150% of this rate.
6. CANCELLATION OR DELAY OF ORDER
All cancelled or delayed projects will be invoiced to cover all costs
and will include any other costs which may apply.
Any claims of compliance by ENEFEN, whether written or verbal, arising from system evaluation shall not be considered final and effective until a Final Approval report signed by our Quality Assurance Manager is issued and the rating plate is attached to your equipment. ENEFEN retains any and all rights of ownership of ENEFEN's concepts, ideas, inventions, techniques, processes, source code, patents, registered trademarks or copyrights used
in preparing our reports and providing services to the client. Only the client is authorized to copy or distribute ENEFEN's reports and then only in their entirety, and the client shall not use the reports
in a misleading way.
8. STANDARD DRAWINGS
Our standard drawings include the minimum requirements to meet
governing regulations. It is the client’s responsibility to provide any additional safety devices that may be deemed necessary for your application.
Field inspection and report delivery dates are estimated based on ENEFEN’s current schedules. ENEFEN shall not be responsible for any additional costs, consequential damages, or damages of any nature caused by changes in such dates or schedules.
10. INACTIVE APPROVAL PROJECTS
Any non-conformances found at the field inspection will require corrective action from you. Delay of more than 30 days and/or change of scope or appliance may incur additional costs.
11. CERTIFIED PRODUCT INCIDENTS, SAFETY CONCERNS AND RECALLS
ENEFEN is obligated under the law to report to appropriate authorities and to the SCC any product incidents, product safety concerns or product recalls involving certified products / installations. All such notices will be posted on the SCC website.
12. COMPLAINTS & APPEALS
As part of our Quality Management System ENEFEN has a process to document and promptly address any complaints regarding an inspection project as well as any complaint resolution that has been rejected and appealed. SCC shall be the final level of appeal in any resulting disputes regarding conformance with accreditation criteria and ENEFEN shall abide by all SCC decisions. The client will be responsible for:
* Keeping a record of all complaints relating to a product's compliance with the relevant codes and standards, and to make these records available to ENEFEN when requested;
* Taking appropriate action with respect to such complaints and any deficiencies found in products that affect compliance with the inspection requirements
* Documenting the actions taken; and,
* Providing access, upon request, to an SCC team to witness ENEFEN's team perform an inspection of the client's site.
ENEFEN as an SCC accredited IB is required under the terms of its accreditation agreement to have its clients comply with appropriate SCC requirements related to taking corrective action for non-conforming appliances and installations as follows: In the event of the field approved appliance becoming unsafe to operate or found to be non-conforming, you agree to notify ENEFEN as soon as possible and to take appropriate action to correct the hazard or non-conformance. Such action may include repairing the appliance to achieve compliance with field approval requirements. You may also choose to remove the ENEFEN field approval/rating plate and cease using the appliance. In case of an unsafe condition, which may pose an immediate danger to personnel, the public, property, or the environment, ENEFEN is obligated under the law to report such condition immediately to the owner’s representative and/or to appropriate authorities. Furthermore, all accidents involving injury requiring professional medical attention, fatality, or property damage exceeding $250 must be under the law reported to the appropriate authorities. In case of non-conformance of the appliance or any of its components you agree to correct such non-conformance as soon as possible and advise ENEFEN of the action taken. Non-conformance could for example be when a previously approved appliance becomes hazardous due to a component recall, an appliance which bears an altered field approval/rating plate, an appliance which continues to bear a field approval rating plate after field approval has been rescinded or an appliance which is in violation of the field approval agreement. In some cases, a re-inspection and re-approval of the appliance may be required.
14. GOVERNING CONDITIONS
The laws of Alberta, Canada shall apply.
This agreement complies with ISO17020-2012 5.1.5; and ISO/IEC 17030.
Client's commencement of request for ENEFEN to do the scope of work is deemed as having accepted ENEFEN'S Client Agreement, including but not limited to submission of online Client Agreement.
Project Authorization: By filling out the form below, and typing "I AGREE" in the last field, you agree to the CLIENT AGREEMENT as set forth above and recognize the responsibilities you have in working with ENEFEN Energy Efficiency Engineering Ltd, an accredited Inspection Body.