Terms of Use & Service

1.Definitions and Interpretation

1.1"Estimate" means any non-binding price indication furnished by us, whether verbally, in writing, by text message or through the Site. "Job Site" means the premises at which the Services are to be performed. "Prohibited Materials" has the meaning given in Section 5.1. "Service Area" means the City of Sault Ste. Marie, Ontario and the surrounding communities we list on the Site from time to time.

1.2Headings are for convenience only and do not affect interpretation. The words "including" and "includes" are not words of limitation. References to legislation include that legislation as amended and any successor legislation.

2.Use of the Site

2.1We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the Site for your own personal or internal business purposes. All other rights are reserved.

2.2You shall not: (a) reproduce, republish, scrape, frame or redistribute any portion of the Site except as permitted by law; (b) use the Site to transmit unlawful, defamatory, infringing or malicious content; (c) submit false, misleading or third-party contact information without authority; (d) attempt to gain unauthorized access to the Site or any related system; or (e) employ automated means to interfere with the ordinary operation of the Site.

2.3All text, layouts, photographs, graphics, logos and compilations appearing on the Site are the property of SSM Junk Removal or its licensors and are protected by the Copyright Act, R.S.C. 1985, c. C-42 and applicable trademark law.

3.Quotations and Formation of Contract

3.1Submission of a quote request through the Site, by telephone or by text message is an invitation for us to provide an Estimate. It does not constitute an offer capable of acceptance, a reservation of a service window, or a binding agreement for the Services.

3.2No contract for the Services is formed until we have confirmed the scope, price and appointment window and you have accepted that confirmation, whether expressly or by permitting our crew to commence work at the Job Site.

3.3Estimates are based on the information you supply and, where applicable, on photographs. Final pricing is determined at the Job Site by reference to the actual volume, weight, material type, labour, access conditions and disposal or tipping fees encountered. Where the actual scope materially exceeds the information supplied, we will present a revised price for your approval before proceeding, and you may decline without charge except as provided in Section 7.3.

3.4Appointment windows, including any same-day or next-day availability referenced on the Site, are indicative only and subject to route scheduling, weather, road conditions, equipment availability and transfer station hours. Time is not of the essence unless expressly agreed by us in writing.

4.Customer Obligations, Access and Title

4.1You represent and warrant that you are the owner of the items to be removed or are otherwise lawfully authorized by the owner, landlord, executor, receiver or occupant to direct their removal and disposal, and that no third party holds a security interest, lien or other proprietary claim in them.

4.2Title to and risk in all items collected passes to SSM Junk Removal upon loading, at which point we may recycle, donate, resell, salvage or dispose of them in our sole discretion. You are solely responsible for removing money, documents, data, media, medication, keys, jewellery and other valuables before collection. We are not obliged to search loads and are not liable for items you did not intend to discard once they have been loaded, compacted or delivered to a disposal facility.

4.3You shall provide safe, lawful and unobstructed access to the Job Site, including parking, and shall disclose in advance any condition affecting safety, including structural defects, pests, mould, biohazards, sharps, animal waste, unsafe stairs and unsecured animals. We may suspend or decline work where, in our reasonable judgment, conditions are unsafe or unlawful.

4.4Where the Services are performed in a rented, condominium or commercial premises, you are responsible for obtaining any consent, elevator booking, permit or municipal approval required.

5.Prohibited and Regulated Materials

5.1We are not licensed to handle and will not knowingly accept "Prohibited Materials", which include: asbestos and asbestos-containing materials; lead and mercury-bearing waste; PCBs; solvents, paints, fuels, oils and other flammable or corrosive liquids; propane and pressurized cylinders; ammunition, explosives and fireworks; radioactive material; biomedical, pathological or infectious waste; human or animal remains; contaminated soil; and any other substance classified as hazardous, liquid industrial or subject waste under the Environmental Protection Act, R.S.O. 1990, c. E.19 and O. Reg. 347 thereunder.

5.2You shall accurately identify all materials and shall not conceal or misrepresent Prohibited Materials. If Prohibited Materials are discovered before loading we may decline that portion of the work; if discovered after loading, we may return them to the Job Site or arrange lawful disposal at your cost.

5.3You shall indemnify and hold harmless SSM Junk Removal, its owners, employees and subcontractors from and against all fines, penalties, remediation costs, tipping surcharges, third-party claims, legal fees and other losses arising from Prohibited Materials tendered by you or present at the Job Site contrary to your representations.

6.Performance, Property and Insurance

6.1We will perform the Services in a good and workmanlike manner, with reasonable care and skill, using appropriately equipped crews.

6.2Removal of large or heavy items through confined openings, finished spaces, stairwells and doorways carries inherent risk of incidental marking or wear. Where you direct us to proceed after we have advised of that risk, we are not responsible for cosmetic damage that could not reasonably have been avoided. Notice of any alleged property damage must be given to us within forty-eight (48) hours of completion of the Services and, where practicable, before our crew departs the Job Site, failing which the claim is waived to the extent our ability to investigate is prejudiced.

6.3We may engage employees, contractors or subcontractors to perform any part of the Services, and may substitute personnel or equipment without notice, remaining responsible for performance under these Terms.

7.Fees, Payment and Cancellation

7.1Prices are quoted in Canadian dollars and are exclusive of applicable HST, which will be added where required by law. Unless otherwise agreed in writing, payment is due in full upon completion of the Services.

7.2Amounts not paid when due bear interest at the rate of one and one-half percent (1.5%) per month, being nineteen and fifty-six one-hundredths percent (19.56%) per annum, calculated and compounded monthly from the due date until paid. You are responsible for reasonable costs of collection, including legal fees on a substantial indemnity basis.

7.3Appointments may be cancelled or rescheduled without charge upon reasonable advance notice. Where our crew and equipment have been dispatched and the Services cannot proceed by reason of denied access, an unattended Job Site, cancellation on arrival, or the presence of undisclosed Prohibited Materials, a trip charge reflecting our actual travel and labour cost may be invoiced.

7.4Nothing in these Terms limits any right you may have under the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sch. A, including in respect of estimates, amendments to agreements and cancellation rights, and where these Terms conflict with that Act in a consumer transaction, that Act prevails.

8.Disclaimer of Warranties

Except for the express undertaking in Section 6.1 and any statutory condition or warranty that cannot lawfully be excluded, the Site and its content are provided "as is" and "as available", and we disclaim all other representations, warranties, conditions and guarantees, whether express, implied, statutory or collateral, including any implied warranty of merchantability, fitness for a particular purpose, uninterrupted availability, accuracy of pricing information, or diversion, recycling or donation outcome for any particular item.

9.Limitation of Liability and Indemnity

9.1To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, consequential, special, exemplary or punitive damages, or for loss of profit, revenue, business opportunity, data or anticipated savings, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if advised of the possibility of such damages.

9.2To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Services or the Site, from all causes of action combined, shall not exceed the greater of (a) the amount actually paid by you to us for the Services giving rise to the claim, and (b) five hundred Canadian dollars (CAD $500).

9.3You shall indemnify and hold harmless SSM Junk Removal and its owners, employees, contractors and agents from and against all claims, demands, actions, losses, liabilities, costs and expenses arising from your breach of these Terms, your misrepresentation of ownership or authority under Section 4.1, your tender of Prohibited Materials, or a condition of the Job Site you failed to disclose.

9.4Nothing in this Section excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

10.Force Majeure

Neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including severe weather, snow and ice events, flooding, fire, road closure, labour disruption, epidemic, act of government, closure of transfer stations or disposal facilities, utility or network failure, vehicle breakdown, or supply shortage. Performance is suspended for the duration of the event, and either party may terminate the affected engagement if the event continues for more than thirty (30) days.

11.Communications and Consent to Contact

By providing your telephone number or email address you consent to receive communications from us respecting your quote request and job, including by telephone, text message and email. Standard carrier charges may apply. Any commercial electronic message will include a functioning unsubscribe mechanism as required by CASL, and you may withdraw consent at any time. Personal information is handled in accordance with our Privacy Policy, which forms part of these Terms.

12.General Provisions

12.1Governing law and forum. These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties attorn to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the District of Algoma, without prejudice to a consumer's right to bring a proceeding in the Small Claims Court.

12.2Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

12.3No waiver. No failure or delay in exercising a right constitutes a waiver of that right, and no waiver is effective unless made in writing.

12.4Entire agreement. These Terms, together with any written job confirmation and our Privacy Policy and Disclaimer, constitute the entire agreement between the parties and supersede all prior representations, whether oral or written.

12.5Amendment. We may amend these Terms by publishing a revised version to the Site. The version in force at the time your job is confirmed governs that job; continued use of the Site following publication constitutes acceptance of the revised Terms as to future use.

12.6Notices and contact. Notices to us may be given by telephone or text message at (249) 889-9769 or through the contact form on the Site. Notices to you may be given using the contact particulars you supplied.

12.7Survival. Sections 4.2, 5.3, 8, 9, 12.1 and 12.2 survive completion of the Services or termination of these Terms.