SECTION 1 – WORK TO BE PERFORMED

1. Duties: ONESource agrees to perform work for the Client on the terms and conditions set forth in this agreement.
2. Completion Date: The work to be performed shall be completed on or before the date agreed upon.

SECTION 2 – COMPENSATION

1. Compensation In consideration of all Services to be rendered by ONESource to the Client, as well as any out of pocket costs incurred by ONESource on behalf of the Client and as approved by the Client, the Client shall pay to ONESource the sum as per the final invoice. 
2. In the event that this Service Agreement is cancelled by the Client for any reason other than the material breach of the agreement by ONESource, then, in addition to any other remedies that ONESource may have hereunder or at law, it shall be entitled to retain the deposit as liquidated damages, and not as a penalty. 
3. For greater clarity, the Client shall still be responsible for reimbursement of Services already rendered by ONESource or its agents pursuant to the terms hereof and pursuant to invoices as rendered to the Client.
4. Taxes Client shall be responsible for, and shall pay in full, all Harmonized Sales Tax as may be applicable to the invoiced fees and costs referred to herein.

SECTION 3 – INDEPENDENT CONTRACTOR STATUS

1. ONESource acknowledges that it is an independent company and is not an agent, partner, joint venturer nor employee of Client. ONESource shall have no authority to bind or otherwise obligate Client in any manner nor shall ONESource represent to anyone that it has a right to do so.

SECTION 4 — REPRESENTATIONS OF WARRANTIES OF ONESource

1. ONESource represents that it is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between 
2. ONESource and any third party. During the term of the agreement, ONESource shall devote as much productive time, energy and abilities as is needed and necessary to perform the required Services in a timely and productive manner, provided however that ONESource is expressly free to perform services for other parties while performing services for Client.

SECTION 5 – LIMITATION OF LIABILITY

1. Client is advised to obtain and/or maintain his or her own personal property loss insurance. Client agrees that his/her policy shall be the primary policy for all damages, claims or property loss. Without limiting the foregoing, Client agrees to have all personal property adequately insured throughout the work process.
2. ONESource shall provide proof of business liability insurance per Client request.
3. Client hereby grants to ONESource and its employees, agents, independent contractors and suppliers’ permission to enter upon and use the Property for the purpose of providing the Services, beginning with the effective date of this agreement and continuing until completed.
4. Client agrees that ONESource’s total liability is limited to a refund of the fee actually paid for the home transition services. The liability of ONESource’s principals, employees, agents, contractors and suppliers is also limited to the fee paid by client.
5. Client agrees that all particle board or ready-to-assemble furniture will be disassembled prior to our arrival. If not, ONESource will exercise all reasonable care in its handling and transportation, however, will not be liable for any damages that are the result of normal handling. This includes, but is not limited to, broken joints, shelf connections and broken leg or foot inserts.

6. Client agrees that furniture being moved into a new home may not fit the new space, due to, but not limited to space planning constraints such as narrow hallways, stairwells, sharp turns, or the size of the piece.

7. ONESource will not be liable for the replacement or removal costs incurred by contents that do not fit the space in the clients’ new home.

SECTION 6 – MISCELLANEOUS PROVISIONS

1. The provisions of this Agreement shall be binding upon and inured to the benefit of the heirs, personal representatives, successors and assigns of the parties.
2. In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, legal fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to the Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable legal fees at the trial level and on appeal.
3. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed
   in writing by the party making the waiver.
4. This Agreement shall be governed by and shall be construed in accordance with the laws of the Province of Ontario.
5. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of the Agreement shall be binding unless executed in writing by all parties.