Website Terms of Use – Fenix Kitchens & Cabinetry

Last updated: 17 July 2026

These Terms & Conditions ("Terms") govern your use of the website https://fenixkitchens.ca/ (the "Site") operated by Fenix Kitchens & Cabinetry Inc. ("Fenix Kitchens," "we," "us," or "our"), a corporation incorporated under the laws of Alberta, Canada, with a registered address at Edmonton, Alberta. By accessing the Site or engaging our services, you ("the Client," "you," or "your") agree to be bound by these Terms. If you do not agree, you must not use the Site or engage our services.

1. Scope of Services
1.1. Fenix Kitchens manufactures and installs custom cabinetry, millwork, countertops, and related interior built-ins for residential clients throughout the province of Alberta, Canada.
1.2. Our scope is strictly limited to:

• the manufacture of cabinetry and millwork
• the on-site installation of cabinetry and millwork produced by us

1.3. We do not perform, and are not responsible for:

• electrical work
• plumbing work
• HVAC modifications
• drywall, painting, tiling, or flooring work
• structural modifications
• appliance installation, gas line connection, or any regulated trade work

1.4. Any work outside our scope (referred to as "Other Trades") must be performed by qualified, licensed contractors engaged either directly by the Client or, at the Client's request, through a third-party contact we provide. We do not supervise, manage, warranty, or accept liability for the work, acts, or omissions of any Other Trade contractor, regardless of how the contractor was introduced.
1.5. Delays, defects, or damages caused by Other Trade contractors are the sole responsibility of the Client or the Other Trade contractor that performed the work.

2. Quotes, Pricing and Payment
2.1. All quotes provided by Fenix Kitchens are valid for thirty (30) calendar days from the date of issue, unless otherwise stated in writing. Prices are denominated in Canadian dollars (CAD) and are exclusive of applicable taxes (GST).
2.2. Fenix Kitchens is GST-registered. Applicable taxes will be added to invoices as required by law.
2.3. A non-refundable deposit is required to confirm any project and to begin production or scheduling. The deposit amount is defined in the signed Project Agreement for each engagement and is non-refundable once production has begun or materials have been ordered on the Client's behalf.
2.4. Payment schedules follow the milestones defined in the Project Agreement. Final payment is due immediately upon substantial completion and prior to any post-installation punch-list work. We reserve the right to suspend work on any project where payment milestones are overdue.
2.5. No refunds are issued under any circumstances, including but not limited to change of mind, scheduling conflicts, or scope reductions after production has begun. Credit toward future work may, at our sole discretion, be offered in place of a refund.
2.6. Should the Client default on any payment, the Client agrees to reimburse Fenix Kitchens for all reasonable costs of collection, including legal fees on a solicitor-and-own-client basis.

3. Project Schedule and Delays
3.1. The estimated timeline from design approval and deposit receipt to substantial completion is approximately twelve (12) weeks. This is an estimate only and is not a guaranteed delivery date.
3.2. Fenix Kitchens is not responsible for delays caused by:

• the Client's late approvals, selections, or change requests
• Other Trade contractors performing off-scope work
• supply chain disruptions affecting materials, cabinetry hardware, or appliances
• acts of God, severe weather, pandemic restrictions, or government orders
• site conditions not disclosed at the time of the original site visit and quote, including concealed plumbing, electrical, structural, asbestos, mould, or pest issues
• any other cause beyond our reasonable control

3.3. Delay in completion does not entitle the Client to any compensation, discount, refund, or cancellation right, except as expressly agreed in writing.

4. Client Responsibilities
4.1. The Client must provide accurate property information, including but not limited to: access, electrical and plumbing locations, structural constraints, floor levelling, and the location of HVAC, gas, and venting systems.
4.2. The Client is responsible for ensuring that the property is ready for installation at the agreed start date, including removal of existing cabinetry, appliances, and personal items unless specifically included in the Project Agreement.
4.3. The Client must finalize all design selections (door style, colour, hardware, countertop, edge profile, accessories) within seven (7) calendar days of receiving the design presentation, unless a longer written extension is agreed.
4.4. Changes requested after selections are finalized may incur additional charges and may extend the project timeline.
4.5. The Client is responsible for engaging and coordinating all Other Trade contractors as required by the project. Where Fenix Kitchens provides a contact, that contact is provided as a courtesy only and Fenix Kitchens receives no compensation, referral fee, or other benefit from that introduction.

5. Subcontracted Work
5.1. Fenix Kitchens may, at its discretion, engage qualified subcontractors to assist with manufacturing or installation. Any such subcontractor is bound by the same obligations owed to the Client under these Terms.
5.2. All Other Trade work, including but not limited to electrical, plumbing, HVAC, drywall, paint, tile, flooring, appliance hookup, structural modifications, gas lines, and permits, is the sole responsibility of the Client. Fenix Kitchens does not warranty, endorse, certify, or assume liability for the work of any Other Trade contractor.

6. Site Access, Safety and Insurance
6.1. The Client agrees to provide safe, unobstructed access to the work area during scheduled working hours.
6.2. Fenix Kitchens carries general commercial liability insurance and Workers' Compensation Board (WCB) coverage for its employees as required by Alberta law.
6.3. Coverage for property damage to the Client's premises caused by Fenix Kitchens or its direct subcontractors is limited to CAD $2,000,000 per occurrence. This coverage expressly excludes:

• pre-existing conditions
• work performed by Other Trade contractors (Section 1.4)
• consequential, indirect, incidental, punitive, or special damages of any kind
• damage to appliances, fixtures, or finishings not directly part of Fenix Kitchens' scope of work

6.4. The Client is responsible for their own homeowners insurance and for any loss, theft, or damage to personal property on site during the project.

7. Warranty
7.1. Fenix Kitchens warrants its manufactured cabinetry and installation against defects in workmanship and materials for the period defined in the Project Agreement, varying by project type. Cabinetry hardware (hinges, drawer slides, soft-close mechanisms) carries the manufacturer warranty only.
7.2. Warranty does not cover:

• normal wear and tear, scratches, dents, fading from sunlight, humidity damage, or exposure to moisture outside normal residential ranges
• damage caused by the Client, Other Trade contractors, third parties, pets, children, or acts of nature
• modifications, refinishing, repainting, or alterations performed by anyone other than Fenix Kitchens
• appliances, sinks, faucets, countertops, tiles, or any product not manufactured by Fenix Kitchens
• warping or movement attributable to environmental conditions outside Fenix Kitchens' control (uneven humidity, excessive dryness, direct water exposure)

7.3. Warranty claims must be submitted in writing within thirty (30) days of the Client becoming aware of the alleged defect. Fenix Kitchens' sole obligation under warranty is, at its discretion, to repair or replace the defective item. Warranty does not extend to removal, reinstallation, or consequential damage to surrounding finishes.
7.4. Compliance with the Consumer Protection Act (Alberta) is maintained. Where any provision of these Terms conflicts with a mandatory consumer protection right that cannot be waived, that consumer protection right prevails.

8. Force Majeure
Neither party is liable for any failure or delay in performance caused by events beyond reasonable control, including but not limited to: severe weather, fire, flood, pandemic, government action, strikes, supply chain disruption, war, civil unrest, or infrastructure failure.

9. Intellectual Property
9.1. All content on the Site, including text, graphics, logos, photographs, renderings, and design layouts, is the property of Fenix Kitchens & Cabinetry Inc. or its licensors and is protected by Canadian and international copyright law.
9.2. Portfolio photographs are published with the written photo-release consent of the Client under Article 13 below. Written permission is required before any third party reproduces, distributes, or displays any image or content from the Site.
9.3. Custom cabinetry designs created for a specific Client become the property of the Client upon final payment. Fenix Kitchens retains the right to use generic design concepts, manufacturing techniques, and process improvements across other projects.

10. Limitation of Liability
10.1. To the maximum extent permitted by law:

• the total aggregate liability of Fenix Kitchens for any claim arising out of or related to these Terms, the Site, or any project, whether in contract, tort (including negligence), or otherwise, is limited to the lesser of (a) the total amount actually paid by the Client to Fenix Kitchens for the specific project giving rise to the claim, or (b) CAD $2,000,000
• Fenix Kitchens is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, loss of revenue, loss of use, loss of data, loss of opportunity, business interruption, or emotional distress, even if advised of the possibility of such damages
• the Client assumes all risk for acts, omissions, and work performed by Other Trade contractors

10.2. Where any applicable law does not allow the exclusion or limitation of certain damages, the limitation above applies to the maximum extent permitted, and any provision found unenforceable will be modified to the minimum extent necessary to be enforceable.
10.3. The Client agrees that any claim must be brought within twelve (12) months of the date the Client first knew, or reasonably should have known, the facts giving rise to the claim, or it is forever barred.

11. Indemnification
11.1. The Client agrees to indemnify, defend, and hold harmless Fenix Kitchens, its officers, directors, employees, and subcontractors from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• the Client's breach of these Terms
• the Client's acts or omissions, including those of Other Trade contractors engaged by the Client
• the Client's property, premises, or the condition of the premises
• any dispute between the Client and a third party

11.2. Fenix Kitchens agrees to indemnify the Client against any third-party claim arising directly from our gross negligence or wilful misconduct, subject to the limitations in Section 10.

12. Dispute Resolution
12.1. The parties will attempt to resolve any dispute through good-faith negotiation within thirty (30) days of written notice of the dispute.
12.2. If negotiation fails, the dispute will be referred to mediation under the rules of the ADR Institute of Alberta, before proceeding to litigation.
12.3. Any litigation will be conducted exclusively in the courts of Alberta, in the City of Edmonton. The parties consent to the exclusive jurisdiction of those courts.
12.4. These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein.

13. Photo Release
13.1. As a condition of using the Site and engaging our services, the Client agrees to sign a written Photo Release authorizing Fenix Kitchens to photograph the completed project and to use those photographs in perpetuity on the Site, in marketing, in social media, and in printed materials, without further compensation to the Client.
13.2. The Client may revoke the Photo Release at any time by written notice; revocation applies prospectively only and does not require removal of materials already in circulation.
13.3. Client personal information, family members, and identifying details (mail, license plates, family photos) will be excluded from any published photograph wherever commercially reasonable.

14. Third-Party Links, Embeds and Financing
14.1. The Site may contain links to third-party websites, embedded YouTube videos, embedded Google Maps, and references to third-party financing providers. We are not responsible for the content, accuracy, privacy practices, or terms of any third-party service.
14.2. Where financing is offered, it is provided by a third-party lender independent of Fenix Kitchens. Fenix Kitchens receives no compensation, commission, referral fee, or other benefit from any financing arrangement. The Client's financing relationship is solely with the third-party lender, and the Client must review the lender's terms independently.

15. Use of the Site
15.1. You agree not to use the Site for any unlawful purpose, to attempt to gain unauthorized access to any portion of the Site, to interrupt or damage the Site or its servers, or to use any automated system to scrape content without our written permission.
15.2. All content on the Site is provided "as is" and "as available" without warranty of any kind, except as expressly required by consumer protection law.

16. Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.

17. Entire Agreement
These Terms, together with any signed Project Agreement and our Privacy Policy, constitute the entire agreement between the Client and Fenix Kitchens with respect to the subject matter and supersede all prior agreements, communications, representations, or proposals, whether oral or written.

18. Changes to these Terms
We may update these Terms at any time. Material changes will be communicated through a notice on the Site or, where appropriate, by email. Continued use of the Site or continued engagement of our services after a change constitutes acceptance of the revised Terms.

19. Contact
Fenix Kitchens & Cabinetry Inc. Edmonton, Alberta, Canada Andrii Polianko Email: office@fenixkitchens.ca Phone: +1 780 800 5078