Termination and Liquidated Damages
Last Updated: 3/10/2026
1. EARLY TERMINATION BY CUSTOMER
If Customer cancels this Agreement before the end of the Service Term for any reason other than an uncured material breach by the Company, Customer shall pay Liquidated Damages to Earthwise Enterprise Inc.
The Liquidated Damages shall be equal to the lesser of:
- Six (6) times the average monthly service charges billed to the Customer over the preceding six (6) months; or
- Or the total remaining service charges owed for the unexpired portion of the Service Term.
Legal Acknowledgment: Customer acknowledges that this amount is a reasonable pre-estimate of the Company’s damages—including lost profits, administrative costs, and re-marketing expenses—and that actual damages would be difficult to determine. Both parties agree that this provision constitutes liquidated damages and is not a penalty.
2. RIGHT TO COMPETE (PRICE MATCH)
Before terminating this Agreement due to a lower price offer from a third-party service provider, Customer must provide the Company with thirty (30) days’ prior written notice of the terms of the third-party offer.
- Company Opportunity: Earthwise Enterprise Inc. shall have the right to match the third-party offer.
- Effect of Match: If the Company agrees to match the offer, the Agreement shall continue in full force at the new rate, and the Customer’s notice of termination shall be deemed withdrawn.
3. FINAL BILLING AND EQUIPMENT REMOVAL
Upon termination, the following conditions apply:
- Outstanding Balances: All unpaid invoices, including Late Fees, must be settled immediately.
- Removal Fee: Termination of service triggers a Removal Fee for the retrieval of Equipment, as defined in the Fees and Surcharges document.
- Access: Customer must provide unobstructed access for Equipment removal. Failure to provide access will result in a Return Trip Fee and ongoing Demurrage Fees until the Equipment is recovered.