Muskoka Rain Irrigation & Lighting Systems Inc. Last Updated: January 1, 2026

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1. About These Terms

These Terms and Conditions ("Terms") govern the relationship between Muskoka Rain Irrigation & Lighting Systems Inc. ("Muskoka Rain," "we," "us," or "our") and any individual or organization ("Client," "you," or "your") who engages our services or interacts with our website at muskokarain.ca. By requesting a quote, accepting a proposal, or engaging our services in any capacity, you agree to be bound by these Terms.

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2. Services Offered

Muskoka Rain provides professional irrigation system design, installation, and maintenance services, as well as outdoor landscape lighting design, installation, and maintenance services. Additional services include water pump installation, pond and fountain aeration, spring start-up, fall winterization, and general landscape system repair and upgrades. Services are provided primarily to residential and commercial properties within the Muskoka district of Ontario, Canada.

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3. Quotes and Proposals

All quotes and written proposals provided by Muskoka Rain are based on a site assessment and the information available at the time of the consultation. Quotes are valid for thirty (30) days from the date of issue unless otherwise stated in writing.

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Muskoka Rain reserves the right to revise a quote if:

• The scope of work changes materially from what was originally assessed

• Unforeseen site conditions are discovered during installation (including but not limited to buried utilities, rock, root systems, or soil conditions that affect the work)

• Material or equipment costs change significantly between the quote date and the commencement of work

• The Client requests additions, changes, or upgrades after a proposal has been accepted

 

Any revisions to an accepted quote will be communicated in writing and require the Client's written authorization before additional work proceeds.

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4. Acceptance and Agreement

A project is considered accepted when the Client provides written confirmation (including email confirmation) of the quote or proposal. At that point, a binding agreement is formed between the Client and Muskoka Rain under these Terms. No verbal agreements will be considered binding.

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5. Scheduling and Lead Times

Muskoka Rain will make reasonable efforts to schedule work within the timeline discussed at the time of acceptance. However, scheduling is subject to availability, weather conditions, and seasonal demand. Muskoka Rain is not liable for delays caused by weather, supply chain disruptions, subcontractor availability, or other circumstances beyond our reasonable control.

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6. Payment Terms

Deposit: A deposit may be required prior to scheduling installation work. The deposit amount will be clearly outlined in your written quote and is non-refundable in the event of cancellation after materials have been ordered or work has commenced.

Final Payment: The remaining balance is due upon completion of the work, unless a specific payment schedule has been agreed upon in writing.

Overdue Accounts: Invoices not paid within thirty (30) days of the due date may be subject to a late payment charge of 1.5% per month (18% per annum) on the outstanding balance.

Accepted Payment Methods: Payment may be made by cheque, e-transfer, or other methods as agreed upon at the time of invoicing.

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7. Cancellation Policy

Appointments and Service Calls: Clients may cancel or reschedule any scheduled appointment with at least forty-eight (48) hours notice at no charge. Cancellations with less than forty-eight (48) hours notice may result in a service call fee.

Project Cancellations: If a Client cancels an accepted project before work commences, the deposit will be forfeited if materials have been ordered or reserved. If a project is cancelled after work has commenced, the Client will be invoiced for all labour completed, materials purchased or ordered, and any third-party costs incurred to that point.

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8. Client Responsibilities

The Client agrees to:

• Provide Muskoka Rain with safe, unobstructed access to the property for the full duration of the project, including on scheduled service dates

• Ensure that all gates are unlocked, pets are secured, and any relevant access instructions are communicated in advance

• Notify Muskoka Rain of any known underground utilities, structures, or hazards on the property prior to commencement of work

• Arrange for all necessary permits, homeowner association approvals, or landlord consents required for the work, unless otherwise agreed in writing

• Ensure that a responsible adult is available or reachable during installation if required

Failure to meet these responsibilities may result in delays, additional charges, or suspension of work.

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9. Underground Utilities and Site Conditions

Prior to any excavation or underground work, Muskoka Rain will request that Ontario One Call (or the applicable utility locate service) mark known underground utilities. However, locate services do not guarantee the identification of all underground infrastructure, particularly private lines (such as irrigation lines, lighting cables, gas lines to outbuildings, or private water lines). The Client is responsible for disclosing any known private underground lines or structures. Muskoka Rain is not liable for damage to unmarked or undisclosed underground infrastructure.

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Minor disturbance of lawn, garden, and landscaped areas is inherent to underground irrigation installation. Muskoka Rain will restore affected areas as closely as reasonably possible to their original condition, including re-seeding or re-sodding disturbed lawn areas as outlined in the project scope. Full restoration of specialty landscaping (stonework, gardens, specialty plantings) is not included unless specifically noted in the quote.

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10. Warranty

Labour and Workmanship: Muskoka Rain warrants all labour and workmanship against defects for a period of one (1) year from the date of completion of the installation.

Equipment and Materials: All equipment and materials supplied by Muskoka Rain are covered by the respective manufacturer's warranty. Muskoka Rain will assist the Client in pursuing valid warranty claims with manufacturers where applicable.

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Exclusions: This warranty does not cover:

• Damage caused by third parties, including lawn maintenance contractors, other trades, or unauthorized modifications

• Damage resulting from freezing, flooding, or other acts of nature

• Damage resulting from the Client's failure to follow recommended seasonal maintenance procedures (including spring start-up and fall winterization)

• Normal wear and tear

• Equipment or systems not supplied or installed by Muskoka Rain

 

11. Limitation of Liability

To the fullest extent permitted by applicable law, Muskoka Rain's total liability to the Client in connection with any service shall not exceed the total amount paid by the Client for that specific service. Muskoka Rain shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of use, loss of revenue, or damage to other property, regardless of whether such damages were foreseeable.

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12. Insurance

Muskoka Rain carries commercial general liability insurance for all residential and commercial work performed. Proof of insurance is available upon request. The Client is advised to maintain their own property insurance coverage throughout the duration of the project.

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13. Subcontractors

Muskoka Rain may engage qualified subcontractors to perform certain aspects of the work. Muskoka Rain remains responsible for the quality and completion of all work performed under these Terms, regardless of whether subcontractors are used.

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14. Intellectual Property

All designs, drawings, plans, and proposals prepared by Muskoka Rain remain the intellectual property of Muskoka Rain until full payment has been received. Upon receipt of full payment, the Client is granted a non-exclusive licence to use the designs in connection with their property.

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15. Governing Law and Dispute Resolution

These Terms and any agreements between Muskoka Rain and its Clients shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If negotiation is unsuccessful, disputes shall be submitted to binding arbitration or resolved in the courts of Ontario, at Muskoka Rain's election.

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16. Amendments

Muskoka Rain reserves the right to update or amend these Terms at any time. Updates will be posted to our website with a revised effective date. Continued engagement of our services following any update constitutes acceptance of the revised Terms.

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17. Contact

For questions about these Terms and Conditions, please contact us:

Muskoka Rain Irrigation & Lighting Systems Inc. PO Box 396, Bracebridge ON P1L 1T7 📞 (705) 645-3955 ✉ info@muskokarain.ca