LIMITATIONS OF THE MANAGER’S LIABILITY:
The Manager shall not be liable to the Owner for any arrears in the collection of rentals or other payments due from tenants or any one with respect to the operation of the property or as a result of any damage or other loss affecting the property or the operation of its equipment, or for any error in judgment or for anything which it may do or refrain from doing unless any resulting damage, loss injury or liability has been caused by the negligence of the Manager or those for whom it is in law responsible; nor shall the Manager be liable to the Owner for failure to perform any of the obligations set forth in this Agreement if such failure is occasioned by or results from destruction or damage to the Premises by fire or other cause, a strike or lockout, a civil commotion or disturbance, an act of God, a supervening illegality or any other act or cause which is beyond the reasonable control of the Manager except if due to the negligence of the Manager or those for whom it is in law responsible.
The Manager seeks positive working relationships with multiple contractors within a trade. The Owner agrees any contractor is responsible for their own availability and performance. The Owner does not hold the Manager responsible for contractor performance.
The Manager will inspect the work of the contractor to the best of the Manager’s ability but the Manager is not responsible for disputes of workmanship. The Manager does arrange bulk buying power through the group of Owners the Manager represents and any disputes affect all parties, both owing monies to contractors and contractors performing appropriately for the potential work we offer.
The Manager is not responsible for the Owner's personal cash flow from the property, that is, if the revenues from the Property do not cover the Owner's costs, such as their mortgage, it is the responsibility of the Owner to cover the costs themselves. Although, we do care and will do our best to ensure this investment works for the Owner before we do anything.
The Owner understands and agrees that the Manager is not responsible for delays in funds transfers by neither the Tenant nor the banking systems. The Owner is accepts that the normal time for deposit by the electronic funds transfers is 5-8 business days.
The Owner agrees that the Manager provides the Tenant electronic/internet based banking services and understands that the Manager cannot see what is deposited into the owners account. The Owner must inform the Manager of any discrepancies. If the Tenant provides a cheque the Manager may mail them to the Owner, or the Owner’s bank rather than in person deposit.
The Manager does neither the Owner’s accounting nor recording of the funds they have received. The Owner is to inform the Manager of discrepancies. The Manager shall provide an end of year receipt for fees collected in regard to Brokerage Fees.
The Manager does not deliver or run errands on behalf of the Owner within the monthly fee structure. This includes forwarding mail, providing keys or access for insurance, adjusters, assessors, condo managers, maintenance technicians, etc. The Manager will cooperate with providing a pickup location as needed, shall charge the owner for time to travel, and if additional keys are needed, for the cutting of keys. At no time shall the Manager release their last key to a third party.
The Manager shall provide a receipt for services and copies of invoices received. If a contractor performs work but does not provide a receipt after payment the Manager shall provide the owner a receipt for the work from the Manager. For contractors that bill the Manager for multiple property invoices the Owner may receive a receipt from a Billing Provider. The Manager may also invoice the Owner for small maintenance work through the Billing Provider.
The Owner hereby agrees to hold the manager harmless from any and all claims, charges, debts, demands and lawsuits, including attorneys fees related to the management of the property and from any liability or injury on or about the property which may be suffered by any employee, tenant, guest or other persons which may or may not have cause to enter the property.
In other words, the Manager is not responsible for people getting hurt or as an indirect beneficiary of the property.
It is possible for a Tenant to mistreat a Property. The Manager will do their best to avoid this for both the Owner’s benefit and the Manager’s as problems by Tenants cause undue work, stress and poor business reputation for the all parties involved.