These Terms and Conditions ("Terms") govern your use of the website operated by Alkon Epoxy Systems ("we," "us," or "our"), located at alkonepoxy.ca, and the epoxy flooring services we provide. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
1. Definitions
- "Client," "you," "your" means the individual, business, or organization that engages our services or accesses our website.
- "Services" means all epoxy flooring installation, surface preparation, consulting, inspection, and related services provided by Alkon Epoxy Systems.
- "Website" means the website located at alkonepoxy.ca and all associated subdomains.
- "Work" means the physical installation and materials applied to the Client's property as part of the Services.
- "Quote" or "Estimate" means the written proposal provided by us outlining the scope, materials, timelines, and pricing for a particular project.
2. Eligibility
By using our website and engaging our services, you represent and warrant that you are at least 18 years of age (the age of majority in Alberta) or the age of majority in your province or territory of residence, and that you have the legal capacity to enter into a binding agreement.
3. Services & Scope of Work
3.1 Quotations
All quotations and estimates provided by Alkon Epoxy Systems are valid for thirty (30) days from the date of issue, unless otherwise stated in writing. Quotations are based on information provided by the Client and a visual site inspection where applicable. Prices are subject to change if the actual conditions of the substrate differ materially from those described or observed at the time of quoting.
3.2 Acceptance & Agreement
A project is deemed accepted once the Client provides written or electronic confirmation of the Quote and pays the required deposit. The Quote, these Terms, and any supplementary project-specific documents together form the complete agreement between you and Alkon Epoxy Systems.
3.3 Scope Changes
Any changes to the agreed scope of work must be documented in writing and signed by both parties. Additional work requested beyond the original scope will be quoted separately and may affect the project timeline and total cost.
3.4 Site Conditions
The Client is responsible for ensuring that the work area is accessible, clear of obstructions, and reasonably clean prior to the scheduled start date. If the work area is not adequately prepared, Alkon Epoxy Systems reserves the right to reschedule the project or charge additional preparation fees.
4. Pricing, Payment & Taxes
4.1 Deposits
A non-refundable deposit of 25% of the total project cost is required upon acceptance of the Quote to secure scheduling. For projects exceeding $50,000 CAD, a custom payment schedule may be arranged.
4.2 Progress Payments
For larger projects, progress payments may be required at agreed-upon milestones. The specific payment schedule will be outlined in the Quote.
4.3 Final Payment
The remaining balance is due upon completion of the Work and prior to the final walkthrough sign-off unless alternative terms have been agreed upon in writing. Payment is due within fifteen (15) business days of the invoice date.
4.4 Late Payments
Overdue invoices are subject to interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted under the Interest Act (R.S.C., 1985, c. I-15), whichever is lower, compounding monthly from the due date. We reserve the right to suspend any ongoing work until outstanding balances are paid in full.
4.5 Taxes
All quoted prices are in Canadian dollars (CAD) and are exclusive of applicable taxes. Goods and Services Tax (GST) will be added to invoices in accordance with federal and provincial tax laws.
5. Scheduling & Project Timeline
Project start dates and estimated completion times are provided in good faith and are subject to change due to weather conditions, material availability, supply chain disruptions, or other circumstances beyond our control. Alkon Epoxy Systems will make reasonable efforts to notify the Client of any material delays as soon as practicable.
Curing times for epoxy coatings vary based on temperature, humidity, and product specifications. The Client must follow all post-installation care instructions provided. Failure to observe recommended curing times may void any applicable warranty.
6. Cancellation & Rescheduling
6.1 Cancellation by the Client
- Cancellations made more than 14 days before the scheduled start date will result in forfeiture of the deposit only.
- Cancellations made within 14 days of the scheduled start date will be subject to a cancellation fee of 50% of the total project cost, to cover materials already procured and scheduling losses.
- Cancellations after work has commenced will be billed for all work completed to date, materials used, and a reasonable demobilization fee.
6.2 Cancellation by Alkon Epoxy Systems
We reserve the right to cancel or decline a project at any time prior to commencement if, in our reasonable judgment, the site conditions are unsafe, the project scope is not feasible, or the Client has failed to meet deposit or site preparation obligations. In such cases, any deposit paid will be refunded in full.
6.3 Rescheduling
Rescheduling requests made more than 7 days before the scheduled start date will be accommodated at no additional charge, subject to availability. Rescheduling within 7 days may incur a rescheduling fee.
7. Warranty
7.1 Workmanship Warranty
Alkon Epoxy Systems warrants all workmanship against defects for a period specified in the project Quote, typically ranging from 5 to 20 years depending on the system installed. This warranty covers peeling, delamination, and bubbling that occurs under normal use conditions, provided the floor has been maintained in accordance with our written care instructions.
7.2 Material Warranty
Materials used in our installations are covered by the respective manufacturer warranties. Alkon Epoxy Systems will assist the Client in processing any manufacturer warranty claims. Manufacturer warranty terms and durations vary by product.
7.3 Warranty Exclusions
The warranty does not cover:
- Damage caused by impact, abrasion beyond normal wear, chemical spills not within the coating's rated resistance, or neglect
- Damage resulting from the Client's failure to follow post-installation care instructions
- Natural colour variation or yellowing due to prolonged UV exposure (for non-UV-stable systems)
- Cracks in the concrete substrate (reflective cracking) that develop after installation
- Moisture-related failures when a moisture test was declined by the Client prior to installation
- Damage caused by unauthorized repairs or modifications to the coated surface
- Normal wear in high-traffic areas, including tire marks in vehicle areas
7.4 Warranty Claims
To make a warranty claim, the Client must notify Alkon Epoxy Systems in writing within thirty (30) days of discovering the defect, and provide photographs and a description of the issue. We will inspect the reported area within a reasonable timeframe and, if the claim is valid, repair or re-coat the affected area at no charge.
8. Limitation of Liability
To the maximum extent permitted by law, including the Alberta Limitations Act (R.S.A. 2000, c. L-12) and the Contributory Negligence Act (R.S.A. 2000, c. C-27):
- Alkon Epoxy Systems' total aggregate liability for any claim arising out of or relating to the Services shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.
- In no event shall Alkon Epoxy Systems be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of business, business interruption, or loss of profits, regardless of the cause of action or theory of liability.
- This limitation of liability applies regardless of whether the claim is based on breach of contract, negligence, strict liability, or any other legal theory.
Nothing in these Terms excludes or limits liability that cannot be lawfully excluded or limited under applicable Canadian law.
9. Intellectual Property
All content on the Website — including text, graphics, logos, images, photographs, video, design elements, and software — is the property of Alkon Epoxy Systems or its licensors and is protected under the Copyright Act (R.S.C., 1985, c. C-42) and the Trade-marks Act (R.S.C., 1985, c. T-13).
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Website without our prior written consent.
10. Website Use
10.1 Permitted Use
You may use the Website for lawful purposes only. You agree not to:
- Use the Website in any way that violates any applicable federal, provincial, or local law or regulation
- Attempt to gain unauthorized access to any part of the Website, server, or database
- Use automated tools (bots, scrapers, spiders) to access, collect, or index content from the Website without prior written permission
- Introduce viruses, trojans, worms, or other malicious code
- Interfere with or disrupt the Website's operation or the servers and networks connected to it
10.2 Third-Party Links
The Website may contain links to third-party websites. These links are provided for convenience only and do not constitute an endorsement. Alkon Epoxy Systems is not responsible for the content, privacy practices, or availability of third-party sites.
10.3 Availability
We do not guarantee that the Website will be available at all times or free from errors. We reserve the right to modify, suspend, or discontinue the Website (or any part of it) at any time without notice.
11. Indemnification
You agree to indemnify, defend, and hold harmless Alkon Epoxy Systems, its officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Website or Services in violation of these Terms
- Any inaccurate or misleading information provided by you during the quotation or project process
- Your failure to provide safe site access or to disclose known hazards at the work location
12. Force Majeure
Alkon Epoxy Systems shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, government orders, war, labour disputes, supply chain disruptions, extreme weather events, or utility failures. In such cases, the affected timeline will be extended by a period equal to the duration of the force majeure event.
13. Privacy
Your use of the Website and any personal information you provide to us is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website and engaging our Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy, in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Alberta Personal Information Protection Act (PIPA).
14. Dispute Resolution
14.1 Good Faith Negotiation
In the event of a dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through good faith negotiation within thirty (30) days of written notice of the dispute.
14.2 Mediation
If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation administered by a mutually agreed-upon mediator in Alberta. The costs of mediation shall be shared equally between the parties.
14.3 Litigation
If mediation is unsuccessful or if either party declines mediation, the dispute may be brought before the courts of Alberta. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta and the Federal Court of Canada, as applicable.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. Applicable legislation includes, but is not limited to:
- Consumer Protection Act (R.S.A. 2000, c. C-26.3)
- Sale of Goods Act (R.S.A. 2000, c. S-2)
- Builders' Lien Act (R.S.A. 2000, c. B-7)
- Limitations Act (R.S.A. 2000, c. L-12)
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
17. Entire Agreement
These Terms, together with the Privacy Policy, any accepted Quote, and any supplementary project documents, constitute the entire agreement between you and Alkon Epoxy Systems regarding the subject matter hereof. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written.
18. Amendment
We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting the revised Terms on the Website with an updated "Last Updated" date. Your continued use of the Website or Services after any changes constitutes acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify existing Clients via email.
19. Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure by Alkon Epoxy Systems to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
20. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Alkon Epoxy Systems
Email: alex@alkonepoxy.ca
Phone: 780-604-6704
Website: AlkonEpoxy.ca
Location: Alberta, Canada