The terms and conditions set out herein form an integral part of the agreement between the Client and Electrical Safety Authority Field Evaluation
(ESAFE) for the performance of services, as set out in the Application Request FE APM13A, to be carried out by ESAFE on behalf of the Client. Unless
specifically agreed in writing, ESAFE is not to be taken to have agreed to any contract terms or conditions that are not as set out or referred to in sections
1 to 4 herein, whether oral or written.
1.1 Invoices will indicate a breakdown of the charges in accordance with ESAFE proposal and or work order. Payment is due upon issue of invoice and
is past due after 30 days from date of invoice. Overdue accounts will be charged interest at 1.5% per month. A more detailed separation of charges and
backup data will be provided at the Client’s request.
2.1 Any use of documents produced by ESAFE or the ESAFE names or logos by the Client for advertising, promotion or any other use require the
written approval of ESAFE.
2.2 Client agrees that all reports and work furnished to the Client or its agents, which are not paid, shall be returned to ESAFE upon demand and shall
not be used by the Client for any purposes whatsoever.
2.3 ESAFE will retain all pertinent record related to the services performed for a period of four years following the completion of service, during which
period said records will be made available to the Client with reasonable notice.
3.1 Services performed by ESAFE under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions. No warranty, express or implied is made.
3.2 Any applicable statute of limitations or limitations period, with respect to any cause of action the Client may have, shall be deemed to start to run not
later than the completion date of ESAFE’s services.
3.3 Client understands that the Field Evaluation Service is not a substitute for Certification but rather a service offered on behalf of participating
Provinces and Territories in response to extenuating circumstances and is an accepted form of approval of electrical products by the authority having
3.4 ESAFE is committed to maintaining the accuracy, security and privacy of Personal Information in accordance with applicable Canadian privacy
is available at our web site: http://www.esafieldevaluation.ca/privacy.aspx.
3.5 ESAFE shall take all reasonable measures to ensure that any ESAFE staff, partners and any subcontractors, safeguard confidential all information,
including documents observed or obtained during the course of evaluation of the Client’s products or that which has come to their knowledge through
the evaluation process, unless the information is lawfully in the public domain or when such disclosure is compelled pursuant to legal, judicial, or
administrative proceeding or otherwise required by law, subject to the recipient of the confidential information giving all reasonable prior notice to the
disclosing party.Any information about the Client obtained from sources other than the Client shall also be treated as confidential.
3.6 The Client acknowledges that ESAFE’s Services do not include any responsibility to direct or supervise the Client’s operations.
3.7 The Client is responsible for furnishing ESAFE with any and all revisions to the scope of work in a timely fashion.
3.8 Client acknowledges that examination, preparation, transportation and testing of submitted sample may irrevocably alter or damage the submitted
sample, thereby possibly reducing the commercial value of the sample. Client agrees to hold harmless ESAFE of any and all responsibility resulting
from such alteration.
3.9 The Client accepts to have confidential information (Certificate of Compliance, test and evaluation reports, technical data, etc.) transmitted by email
or fax and that ESAFE is not responsible for unauthorized capture of electronic transmission of data.
3.10 The Client also agrees to notify ESAFE of any situation where a product bearing an ESAFE Mark or label could lead to a potential hazard and to
take corrective action as per SCC CAN-P-1527 if the product is subsequently found to be non-conforming or hazardous.
3.11 The Client understands that the Standards Council of Canada is the final level of appeal in disputes regarding conformance with the accreditation
criteria. ESAFE will abide by all SCC decision pertaining to accreditation criteria.
4.1 Client agrees that their legal relationship is governed solely by the terms of this application and is subject to the laws of Ontario, Canada.
4.2 Client further agrees that any liability arising from the services provided to Client shall be limited to the value of this contract and Client shall
indemnify the ESA beyond such value including legal costs.
4.3 ESAFE makes no claim that Authorities Having Jurisdiction (AHJs) will accept and / or recognize the ESAFE mark(s) or labels. It is the Client’s
responsibility to confirm with the AHJs in the intended market area that they accept the ESAFE mark(s) or labels.
End of Terms and Conditions