Effective August 21, 2026 · Mobile heavy diesel repair & maintenance
— We Come to You: We deliver expert, on-site heavy diesel service right to your job site or facility — keeping your equipment running and saving you the hassle of towing.
— Dispatch & Call-Outs: When you book a call, we work quickly to line up a technician and service vehicle and get them headed your way. A standard minimum call-out fee applies to cover dispatch and travel time once our tech is en route.
— Honest Diagnostics: Heavy machinery can have hidden underlying issues. We commit to thorough troubleshooting and keeping you informed before performing extra repairs.
— Governing Law: These Terms are governed by Ontario law, with any formal disputes handled through local arbitration.
This summary is for convenience only. The full Terms below are what actually govern our relationship with you, and they control if anything here reads differently.
Welcome to HDS Repair. These Terms of Service (the “Terms”) explain the conditions that apply when you use our website or receive services from HDS Repair (“HDS Repair,” “we,” “us,” or “our”).
The Terms apply to every person or organization (“you” or “Client”) who visits our site, submits a service request, or otherwise deals with us — whether that contact happens online, through our scheduling or CRM systems, by phone or email, in person, or through one of our technicians or representatives.
By browsing our website, requesting service, accepting a quote or Statement of Work, or dealing with us in any other way, you confirm that you have read and agree to these Terms. You can accept the Terms in writing, electronically, verbally, or simply by your conduct — for example, by asking us to send a technician or by letting work go ahead.
If your engagement with us is also covered by a separate signed agreement, such as a Master Services Agreement (“MSA”) or a Statement of Work (“SOW”), that agreement will control wherever it conflicts with these Terms. Otherwise, these Terms govern our relationship with you.
Please do not use our website or request our Services if you do not agree with these Terms.
The words below have the following meanings wherever they are used in these Terms:
“Services” refers to the mobile repair, diagnostic, maintenance, fabrication, inspection, and troubleshooting work HDS Repair performs on off-highway, agricultural, material handling, forestry, and other heavy-duty diesel equipment, together with the scheduling and support activities that accompany that work.
“Client”, “User”, “you”, or “your” means any person, company, or organization that visits our website, requests service from us, or otherwise deals with HDS Repair.
“Equipment” means any off-highway, agricultural, material handling, forestry, or other heavy-duty diesel vehicle, engine, part, system, or piece of machinery that belongs to, is leased by, or is operated by the Client and to which our Services relate.
“Work Order” means any estimate, quote, service request, purchase order, or instruction — written, electronic, verbal, or implied — under which the Client authorizes HDS Repair to carry out Services.
“Statement of Work” or “SOW” means a document the parties agree on that sets out the scope, price, and details of a particular job.
“Fees” means everything the Client owes for Services, including labour, minimum call-out charges, travel, parts and materials, and any other costs incurred.
“Website” means any site or online platform HDS Repair operates, along with its pages, forms, and other digital tools.
“Business Day” means any day that is not a Saturday, Sunday, or statutory holiday in the Province of Ontario, Canada.
“Applicable Laws” means the federal and provincial laws and regulations in Canada that apply to us, including those governing consumer protection, contracts, and electronic communication.
HDS Repair offers mobile repair, diagnostic, maintenance, fabrication, and inspection services for off-highway equipment, agricultural, material handling, forestry, and other heavy-duty diesel equipment, serving fleet operators, businesses, and individual owners. We typically perform this work at the Client’s location, roadside, or another site the parties agree on.
What we do on a given job depends on the Work Order, quote, or Statement of Work that applies to it.
Clients understand that the scope can change once we begin diagnosing or repairing the Equipment, particularly if additional problems come to light along the way.
We carry out our work with the skill and care expected in the heavy-duty diesel repair industry. That said, results can be influenced by things outside our control — the pre-existing condition of the Equipment, parts availability, weather and site conditions, and the accuracy of the information we are given.
Unless we have agreed otherwise in writing, we cannot promise that our work will resolve every issue affecting the Equipment. Diesel engines and heavy mechanical systems sometimes conceal defects or faults that are not detectable during an inspection or repair.
We provide our Services on a non-exclusive basis, and we decide how to staff a job and which tools, methods, and resources to use, provided that we meet our obligations under these Terms.
You may request service from us by website, phone, email, in person, or through one of our technicians or representatives. Every request is subject to our availability and our acceptance of it.
In most cases, we begin work after you have accepted a quote, Work Order, or Statement of Work that sets out the scope and price. For breakdowns, roadside calls, or other urgent situations, however, we may start based on a verbal go-ahead or an electronic message instead.
You and HDS Repair form a binding agreement for Services once you:
We are entitled to treat authorization given by anyone who appears to represent you as valid, and you agree that we may rely on it.
If you request emergency, breakdown, or expedited service, our normal pricing applies, including any minimum call-out charge, emergency rate, and travel charge.
We may decline or delay a service request at our discretion — for example, if we do not have the resources available, if we have safety concerns, or if you have not complied with these Terms.
You agree to work with us in good faith and to provide the information, access, and assistance we reasonably need to complete the job properly and on time. That includes the following:
If you do not meet these responsibilities, it could delay the work, add cost, or make the job impossible to complete, and HDS Repair will not be responsible for any resulting loss, damage, or delay.
We may refuse to start or continue work if, in our reasonable judgment, the site or roadside conditions are unsafe, access has not been properly arranged, or you have not met your obligations.
You agree to pay for Services in line with the pricing we have communicated to you, whether in a quote, Work Order, Statement of Work, or another written or verbal agreement.
Our Fees may include a minimum call-out charge for each dispatch — generally equal to 4 hours of labour and covering reasonable travel time to and from your site, unless we have agreed otherwise — plus our standard hourly labour rate, or a higher after-hours or emergency rate where it applies.
Travel time and related costs may also be billed on a port-to-port basis, or as otherwise communicated to you. Parts, components, consumables, and any third-party services are billed separately from labour and other Fees.
If we perform diagnostic work and you decide not to move forward, you will still owe the minimum call-out charge or the actual time spent, whichever is greater.
We may change our pricing and rates from time to time, but we will let you know before performing any Services affected by the change. Our Fees exclude tax unless we state otherwise, and you are responsible for any taxes, duties, or levies that apply.
Where the Services generate used oil, coolant, hydraulic fluid, filters, batteries, or other waste, our Fees may include a reasonable charge for collecting, containing, and disposing of it in accordance with applicable environmental regulations.
You agree to pay invoices according to the payment terms we have given you, whether in a quote, Work Order, Statement of Work, or otherwise agreed between us.
Unless we have agreed otherwise in writing, new clients may need to pay in advance or on a cash-on-delivery (COD) basis, meaning payment is due as soon as the work is finished.
We may extend credit terms to repeat clients with a satisfactory payment history, at our discretion. Where we do, invoices are due within the agreed period from the invoice date, and missing that deadline may lead to suspended service or the loss of credit privileges.
We accept payment by credit card, direct deposit, electronic transfer, cheque, or cash. Where applicable, you authorize us to keep your payment details on file, including credit card information, and to charge outstanding amounts according to the agreed terms.
If you genuinely dispute an invoice, let us know promptly after receiving it. Any part of the invoice you do not dispute remains payable on the usual terms.
If payment is late, we may suspend or refuse further service, and we may take reasonable steps to recover what is owed, including reasonable collection costs to the extent the law allows.
You may ask to cancel or reschedule a service request by giving us notice. Because mobile service involves committing staff, time, and resources ahead of the job, a cancellation charge may apply depending on when you cancel.
If you cancel before we have dispatched a technician, we may waive the fee or apply a reasonable charge to cover the administrative and scheduling work already done.
If you cancel after a technician has been dispatched or is already travelling to your site, the minimum call-out charge remains payable, since we have already committed resources and incurred cost.
If you are unavailable, do not provide access, or otherwise prevent us from performing the work at the agreed time and place, we will treat that the same as a cancellation after dispatch, and the minimum call-out charge or another reasonable fee will apply.
We may need to reschedule Services because of operational requirements, safety concerns, or circumstances beyond our reasonable control.
We may also pause or stop work already underway, without penalty to HDS Repair, where severe weather (such as lightning, extreme cold, high wind, or flooding) or other unsafe field conditions make it unsafe for our technicians to continue. You remain responsible for Fees relating to work already performed, and we will resume once conditions allow it to be done safely.
Once we have performed a Service, it is final and no refund is issued. Our time, labour, and resources cannot be recovered once they have been committed to the job.
If you are dissatisfied with the quality of our work, we may, at our discretion and consistent with any warranty that applies, offer to correct it or provide a service credit toward future work. Any such remedy depends on us inspecting and confirming the issue, and offering one does not amount to an admission of fault.
Outside of an applicable warranty, you are not entitled to a refund, reimbursement, or fee reduction once we have completed the work.
We sometimes find additional problems or requirements once a job is underway that were not apparent during the initial assessment or that fall outside the original scope. You acknowledge that addressing these may be necessary to properly repair the Equipment.
We will not carry out extra work unless you authorize it. That authorization can be given in writing, electronically, verbally, or by other reasonable means, including email, text message, or confirmation given to our technician on site.
Where you give us verbal or informal authorization, we may follow up with written confirmation of the added work and cost. If you do not object within a reasonable time, we will treat that authorization as valid and binding.
Additional work is billed at the rates in effect when we perform it, covering labour, travel, parts, and other associated costs. Where the extra work significantly changes the scope or duration of the job, we may provide an updated quote or revised Work Order for your approval.
If you decide not to authorize necessary additional work, that may affect how well, how safely, or how reliably the Equipment performs, and HDS Repair is not responsible for the consequences of that decision.
Where a job requires parts, components, materials, or consumables (“Parts”), we will supply them unless otherwise agreed, and their cost is billed to you separately from labour and other Fees.
Parts availability, pricing, and lead times often depend on our suppliers and other factors beyond our reasonable control, so we are not responsible for delays caused by Parts being unavailable or slow to arrive.
If a Part is discontinued, unavailable, or subject to a significant delay or price change, we may suggest an alternative, but only with your approval.
If you choose to supply your own Parts, or ask us to use third-party Parts, that is at your own risk. We are not responsible for the quality, compatibility, or performance of Parts we did not supply, or for any damage or loss resulting from their use.
We commit to performing our Services with the skill and care expected in our industry. Beyond that commitment, our Services are provided on an “as is” and “as available” basis.
We back our workmanship with a limited warranty lasting 30 days from the date we complete the job. If you notify us of a workmanship defect within that period, we will inspect the Equipment and look into your claim. Where we confirm the issue was caused by our workmanship, we will correct it, at our discretion, at no additional labour charge.
This warranty does not cover normal wear and tear, pre-existing conditions, hidden defects, misuse, improper operation, poor maintenance, or work carried out by someone else after we finished. It also does not extend to Parts supplied by the Client or a third party.
Apart from what is set out in this clause, we make no other representations, warranties, or guarantees, express or implied, about our Services or about how the Equipment will perform afterward — including any guarantee that our work will fully resolve every issue affecting it.
To the extent the law allows, HDS Repair is not liable for indirect, incidental, special, or consequential losses connected to our Services or these Terms, including lost profits, lost revenue, lost business opportunities, lost production, vehicle or equipment downtime, or lost anticipated savings.
Where we are liable, whether in contract, tort (including negligence), for breach of a statutory duty, or otherwise, our total liability will not exceed the Fees you paid for the specific Services the claim relates to, to the fullest extent the law allows.
You understand that diesel repair and maintenance work involves Equipment that may already have hidden faults or built-in risks, and that outcomes can be affected by factors beyond our control. Except where our negligence directly causes it, we are not liable for loss or damage arising from those conditions.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited under applicable law.
You agree to indemnify, defend, and hold harmless HDS Repair, along with its directors, officers, employees, contractors, and agents, from claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:
This indemnity survives after the Services are completed or the relationship ends, and applies to the fullest extent permitted by applicable law.
We may suspend, delay, or refuse to provide Services, at our discretion, where you do not comply with these Terms or where circumstances reasonably justify it. This includes situations where:
If we suspend Services under this clause, we are not liable for any resulting delay, loss, or damage, and you remain responsible for Fees relating to work already performed or resources already committed.
We will resume work once we are reasonably satisfied that the issue causing the suspension has been resolved.
Please use our Website only for lawful purposes and in a manner consistent with these Terms. It exists to provide information and let you request service, and any misuse of it is prohibited.
Specifically, you agree not to:
We may restrict, suspend, or terminate your access to the Website at our discretion if you violate these Terms or otherwise cause harm to it or to other users.
Anything we publish, whether on our Website, by email, in newsletters, on social media, in marketing materials, or through any other communication (our “Content”), is provided for general informational purposes only. It is not professional, technical, mechanical, or legal advice, and does not create any client, advisory, or professional relationship beyond the Services we have actually agreed to provide.
We make reasonable efforts to keep our Content accurate and current, but we do not guarantee that it is accurate, complete, reliable, or suitable for any particular purpose. Any reliance you place on it is at your own risk, and to the fullest extent permitted by applicable law, HDS Repair is not responsible for any loss, damage, or consequence arising from your use of, or reliance on, our Content.
Where our Website or systems let you submit content, such as reviews, feedback, or other materials (“User Content”), you remain responsible for making sure it is accurate, lawful, and appropriate.
By submitting User Content, you grant HDS Repair a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable licence to use, reproduce, adapt, publish, translate, distribute, and display it for operating, promoting, and improving our Services.
Do not submit User Content that is unlawful, defamatory, misleading, infringing, or otherwise inappropriate, including content that violates the rights of a third party.
We may review, remove, or decline to publish any User Content that we consider to breach these Terms or that is otherwise objectionable, without notice or liability to you.
All intellectual property in our Website, and in any materials, methods, processes, systems, designs, documentation, or other content we develop, use, or provide in connection with our Services, remains the exclusive property of HDS Repair or our licensors.
Nothing in these Terms transfers or assigns any of that intellectual property to you. You are granted a limited, non-exclusive, non-transferable right to use the Website solely to request and receive our Services under these Terms.
Do not copy, reproduce, modify, distribute, reverse engineer, or otherwise exploit our intellectual property without our prior written consent.
If you provide feedback or suggestions about our Services or Website, we may use them without restriction or obligation, and you assign us any rights you hold in that feedback to the extent permitted by law.
We collect, use, and disclose personal information in accordance with our Privacy Policy, which forms part of these Terms.
By using our Website or Services, you acknowledge and agree that we will handle your personal information as described in our Privacy Policy.
Our Privacy Policy explains what personal information we collect, why we use it, when it may be disclosed, and how we safeguard it. We encourage you to review it so you understand how we manage your personal information.
We may terminate or suspend our Services, or your access to the Website, at our discretion, where you breach these Terms or act in a way that is unlawful, unsafe, or otherwise inconsistent with them.
We may terminate Services immediately where you fail to pay when due, repeatedly fail to meet agreed terms, or act in a way that interferes with the safe or effective performance of the Services.
You may terminate a service request before it is finished, in line with the cancellation provisions in these Terms; however, you remain responsible for all Fees and charges incurred up to that point, including any applicable call-out or cancellation charge.
Once the relationship ends, all outstanding invoices and payment obligations become immediately due.
Termination does not affect any rights, remedies, or obligations that already existed, including those relating to payment, limitation of liability, indemnity, and dispute resolution, which continue to apply.
If a dispute, disagreement, or claim arises in connection with these Terms or our Services (a “Dispute”), the parties will first try to resolve it through good faith discussion within a reasonable period.
If that does not resolve the Dispute, it will be finally settled by binding arbitration conducted in the Province of Ontario, Canada, under the applicable arbitration legislation, before a single arbitrator appointed in accordance with that legislation.
Arbitration will be conducted in the English language, and the arbitrator’s decision is final, binding on the parties, and enforceable in any court of competent jurisdiction.
Either party may still seek interim or injunctive relief from a court of competent jurisdiction where necessary to protect its rights while a Dispute is being resolved.
These Terms, and any dispute, claim, or matter connected to them or to our Services, are governed by and construed under the laws of the Province of Ontario and the federal laws of Canada applicable there.
Subject to the dispute resolution process above, the courts of the Province of Ontario have exclusive jurisdiction over any matter arising from these Terms.
These Terms, together with any Work Orders, Statements of Work, or other written agreements between the parties, make up the entire agreement between the Client and HDS Repair and replace any earlier discussions, representations, or agreements, written or verbal.
If a court or tribunal of competent jurisdiction finds any part of these Terms invalid, illegal, or unenforceable, that part is severed and the rest of the Terms remain in full force and effect.
If HDS Repair does not act on a right or remedy right away, that does not mean we have given it up, and it does not prevent us from exercising it later.
The Client may not assign or transfer its rights or obligations under these Terms without HDS Repair’s prior written consent. HDS Repair may assign or transfer its rights and obligations without restriction.
HDS Repair may update these Terms from time to time. Updates take effect once posted on the Website, unless otherwise specified.
Section headings are included for convenience only and do not affect how these Terms are interpreted.
These Terms take effect as of August 21, 2026.