Terms of Service

This website is operated by 10087122 Canada Ltd., operating as Aluminum Pergola (“we”, “us”, “our”). By browsing this website or placing an order, you agree to these Terms of Service, together with our Refunds and Returns policy, Shipping and Delivery policy, Warranty and Privacy Policy, which form part of this agreement.

Please read these terms before you order. They set out what we are responsible for, and what you are responsible for, when you buy an outdoor structure that will be installed on your property.

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to place an order. By ordering you confirm that the information you provide is accurate and complete, and that you are ordering as an end user. Resale or export of our products is not permitted without our written consent.

Placing an order is an offer to buy. A contract is formed only when we send you an order confirmation by email. Until then we may decline or limit any order, in whole or in part, for any lawful reason — including suspected fraud, orders placed by resellers, quantity limits, or where we cannot deliver to your location.

Pricing and description errors. Despite our efforts, a product may occasionally be listed at an incorrect price or with an incorrect description or specification. Where an error is obvious and could reasonably have been recognised by you as an error, we may cancel the order and refund you in full, even after an order confirmation has been sent. We are not obliged to supply a product at an incorrect price.

Prices are subject to change without notice until your order is confirmed. Prices shown elsewhere, including at dealers, trade shows or on third-party sites, may differ from the prices on this website, and we do not price match.

All prices are in Canadian dollars. Applicable GST, HST, PST or QST is calculated at checkout based on your delivery province, and shipping is calculated at checkout based on your postal code and the size and weight of your order. The total payable is shown before you complete payment.

Payments are handled by a third-party payment processor. We do not receive or store your full card number. By placing an order you authorise the charge to your chosen payment method.

Obtaining any required building permit, zoning variance, setback approval, conservation authority approval, strata or condominium board approval, or homeowners association approval is entirely your responsibility. Requirements vary by municipality and we do not verify them on your behalf.

We are not responsible for any cost, delay, fine, order to remove the structure, or loss arising from a missing, refused or revoked permit or approval, and a permit issue is not grounds for cancelling a custom order or returning a product outside our Refunds and Returns policy. We will supply available technical drawings and specifications on request to support your application.

Your installation site must meet the site requirements set out in our installation manual and drawings. Preparing the site is your responsibility, including the concrete pad, footings, deck structure, anchoring surface, drainage, grading and load-bearing capacity, and locating underground utilities before excavation.

We are not responsible for settling, shifting, heaving, cracking or structural movement caused by disturbed, unstable, saturated or frost-susceptible soil, by an existing deck or slab that is not adequate for the load, or by any surface we did not construct. Where you are unsure, we recommend engaging a qualified engineer or contractor before ordering.

Installation is not included in the price of products sold on this website and is quoted separately. Where we or an authorised dealer install your pergola, that work is covered by the separate installation agreement provided at the time.

If you install the product yourself or engage your own contractor, you do so at your own risk. The product must be assembled, anchored and wired strictly in accordance with our installation manual, and all electrical work must be carried out by a licensed electrician in compliance with the applicable electrical code. Damage, failure or injury resulting from installation that does not follow the manual, from unauthorised modification, or from work by a third party is not covered by our warranty and is not our responsibility. We are not responsible for the work, conduct, scheduling or workmanship of any contractor you engage.

• All measurements and dimensions are approximate and subject to normal manufacturing tolerances.
• Colours and finishes shown on screen are indicative only. Screen calibration varies, and minor variation between production batches is normal and is not a defect.
• Snow load, wind resistance and other performance figures apply only where the product is installed in accordance with our manual, anchored to an adequate foundation, and maintained as set out in our maintenance guidance. They are not a guarantee against damage in extreme or unforeseen weather.
• Louvers are designed to shed rain when closed. A pergola is an outdoor structure, not a sealed room, and some water ingress, condensation, wind-driven rain or snow accumulation is normal.
• We may improve or change product specifications at any time without notice.

Delivery terms are set out in our Shipping and Delivery policy. You are responsible for inspecting the shipment on arrival and noting any damage on the carrier paperwork before signing, and for taking inventory of all parts against the packing list before your installation is scheduled. Report any shortage or damage within the timeframes set out in our Refunds and Returns policy.

We are not responsible for costs arising from an installation booked before parts have been checked, from a delay in delivery, or from your unavailability to receive the shipment.

Warranty coverage, exclusions and duration are set out on our Warranty page. Returns, refunds, restocking fees and order cancellation are governed by our Refunds and Returns policy. Both form part of these Terms. Custom and made-to-order products cannot be returned, refunded or exchanged except where defective, damaged in transit, or not matching your confirmed order.

To the fullest extent permitted by law, and except where liability cannot be limited under applicable consumer protection legislation:

• Our total liability arising out of or connected with any product or order is limited to the amount you paid us for that product.
• We are not liable for indirect, incidental, special, consequential or punitive damages, including loss of profit, loss of use or enjoyment, loss of rental or event income, landscaping or hardscaping costs, removal and reinstatement costs, accommodation costs, or costs of third-party contractors.
• We are not liable for damage to decks, patios, pools, hot tubs, irrigation, lighting, underground services, landscaping or adjacent structures, except where directly caused by our own negligence during work performed by us.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded or limited under Canadian or provincial law.

You agree to indemnify us against any claim, loss or reasonable legal cost arising from your breach of these Terms, from installation not carried out in accordance with our manual, from your failure to obtain a required permit or approval, or from your misuse or unauthorised modification of the product.

All content on this website — text, photographs, drawings, specifications, video, logos and trade names including LOUSOL and Aluminum Pergola — is our property or used under licence, and is protected by Canadian and international law. You may view and print pages for your own personal, non-commercial use. You may not copy, republish, scrape, data-mine, frame, or use our content, images or trade names in metatags, keywords or advertising without our written consent.

You may not use this website for any unlawful purpose, to transmit malicious code, to interfere with its operation or security, or to collect other users’ personal information. If you submit a review, photograph or suggestion, you grant us a non-exclusive, royalty-free, worldwide licence to use it in our marketing, and you confirm you own it and that it does not infringe anyone else’s rights.

We work to keep this website accurate and current, but we do not warrant that it is free of typographical errors, inaccuracies or omissions, or that it will be available without interruption. Content is provided for general information and should not be relied on as the sole basis for a decision without confirming details with us. Links to third-party websites are provided for convenience only; we do not control them and are not responsible for their content, products or privacy practices.

We are not liable for failure or delay in performing our obligations caused by events beyond our reasonable control, including severe weather, natural disaster, fire, flood, pandemic, labour disruption, carrier or port delay, shortage or price increase of raw materials, tariffs, import restrictions, power or telecommunications failure, cyber attack, or acts of government. Where such an event causes a substantial delay, we will notify you and you may cancel the affected order for a refund of amounts paid for goods not yet produced or shipped.

Nothing in these Terms limits or excludes your rights under applicable Canadian federal and provincial consumer protection legislation, including implied and legal warranties that goods are of acceptable quality, match their description and are fit for their intended purpose. Where these Terms conflict with a right you have under the law of your province, the law applies.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, and the courts of Ontario have jurisdiction, without affecting any right you may have to bring proceedings in your own province where the law of that province so provides.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any provision is not a waiver of it. These Terms, together with the policies referred to in them, form the entire agreement between you and us regarding your purchase.

We may update these Terms by posting a revised version on this page. The version in effect at the time you place your order applies to that order. Please review this page before ordering.

10087122 Canada Ltd. operating as Aluminum Pergola
5155 Spectrum Way, Unit 28
Mississauga, ON L4W 5A1, Canada
Email: sales@aluminumpergola.ca
Phone: 647-905-6459
Hours: Monday to Friday, 9:00 AM – 5:00 PM (Toronto time, ET)