Terms & Conditions
Buyer's Right to Cancel:
- You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.
- If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.
- If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
- To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.
Change Orders:
If there are any changes to the original scope of work, we will document them in writing and submit them as a Change Order request. We will review the request and provide an estimate of any associated costs or time extensions. You have the right to approve or reject the Change Order. Approved Change Orders will become part of this contract and will adjust the project timeline, costs, or specifications accordingly. In case of any disputes regarding Change Orders, we will resolve them according to the Dispute Resolution clause.
Warranty:
We provide a warranty for the completed work, valid or 3 years from completion of work (final payment received). The warranty will outline any limitations, exclusions, or conditions for warranty claims. If you encounter any issues covered by the warranty, let us know in writing during the warranty period, and we will have a reasonable opportunity to rectify any defects. If a dispute arises concerning warranty claims, we will follow the Dispute Resolution clause.
Indemnification:
We agree to indemnify and hold each other, our respective employees, agents, and subcontractors harmless from any claims, damages, losses, or liabilities arising out of our own negligence or willful misconduct. However, this indemnification obligation will not apply to the extent caused by the other party's gross negligence or willful misconduct.
Insurance:
We will maintain appropriate insurance coverage throughout the project, including comprehensive general liability insurance, property insurance, and workers' compensation coverage. You should also have adequate insurance coverage to protect against any claims or damages arising from the renovation work. Both parties will provide proof of insurance upon request.
Dispute Resolution:
If any disputes arise from this contract, we will first try to resolve them amicably through good-faith negotiation. If that doesn't work, we agree to pursue mediation or arbitration as the preferred method of dispute resolution. Any legal proceedings will be conducted in the exclusive jurisdiction of Alberta, and the laws of Alberta will govern this contract.
Completion Timeline:
We will establish a reasonable timeframe for the completion of the renovation project, including key milestones and completion dates. If there are any delays beyond the agreed-upon completion date, the contract may specify penalties or remedies applicable to such delays. However, we will not be held liable for delays caused by factors beyond our reasonable control, such as acts of nature or unforeseen circumstances.
Termination Clause:
This contract may be terminated by either party under certain conditions. Termination may occur upon mutual agreement, material breach of the contract by either party, or other circumstances specified in this contract. Termination will be effective upon written notice by the terminating party, and any prepaid amounts will be returned according to the agreed-upon terms. Termination due to a material breach will not relieve the breaching party of any liability for damages or other remedies available to the non-breaching party.
Limitation of Liability:
Our liability for any damages, losses, or claims arising from the renovation work will be limited to the extent permitted by applicable law, excluding any liability for gross negligence or willful misconduct. In no event will we be liable for any indirect, consequential, or incidental damages. However, this limitation of liability will not apply to personal injury or damage to property caused by our gross negligence or willful misconduct.
Permits and Approvals:
We will be responsible for obtaining all necessary permits, licenses, and approvals required by applicable laws, regulations, and building codes for the renovation work. We will ensure that all work is completed in compliance with the applicable legal requirements and arrange for any necessary inspections. We will promptly provide you with copies of all relevant permits and approvals upon receipt.
Confidentiality:
Both parties will maintain the confidentiality of any proprietary or confidential information disclosed during the project. This obligation will not apply to information that is already in the public domain or becomes publicly available without a breach of this contract.
Subcontractors and Suppliers:
We have the authority to engage subcontractors and suppliers as necessary to perform the renovation work. We will ensure that all subcontractors and suppliers engaged for the project possess the required qualifications, licenses, insurance coverage, and comply with applicable laws and regulations. We will supervise and coordinate the activities of subcontractors and suppliers to ensure the satisfactory completion of the project. You will not be responsible for any payments or liabilities to subcontractors or suppliers engaged by us.
Materials and Specifications:
We will use the specific materials, products, and equipment as outlined in the project plans or specifications. All materials will meet the agreed-upon quality standards and be suitable for the intended purpose. If a specified material is unavailable, we will promptly notify you and provide suitable alternatives of equal or superior quality, subject to your approval. Any changes to materials or specifications after the contract is signed will be treated as Change Orders.
Progress Payments:
Payment for the renovation work will be made based on project milestones or completed stages, as mutually agreed upon. We will submit progress invoices specifying the percentage of work completed and the corresponding payment amount. Payment will be made by you within 30 days of receipt of the invoice, subject to the satisfactory completion of the work as per the agreed-upon standards. You will have the right to withhold payment for any incomplete or unsatisfactory work.
Site Conditions and Access:
You will provide us with reasonable access to the renovation site and ensure that necessary site conditions are suitable for the execution of the work. If there are any site-specific considerations, such as access restrictions, existing structures, or environmental concerns, which may impact the progress or completion of the renovation work, you will notify us promptly. We will not be responsible for any delays or additional costs resulting from inadequate site conditions or unforeseen site-related issues.
Disposal of Debris and Waste:
We will be responsible for the removal and proper disposal of construction debris, waste materials, and hazardous substances generated as a result of the renovation work. We will ensure compliance with all applicable laws, regulations, and environmental requirements pertaining to waste management. You will not be held liable for any environmental violations or penalties resulting from our improper disposal of waste.
Insurance and Liability:
We will maintain comprehensive general liability insurance coverage throughout the duration of the contract, including coverage for bodily injury, property damage, and completed operations. We will provide proof of insurance upon your request. You should also maintain appropriate insurance coverage to protect against any claims arising from the renovation work. We will not be held liable for any damages or losses covered by insurance, except to the extent caused by our gross negligence or willful misconduct.
Intellectual Property Rights:
Any intellectual property rights arising from the renovation work, such as design plans, drawings, specifications, will be owned by us unless otherwise agreed upon in writing. You will have a non-exclusive license to use such intellectual property solely for the purpose of the project. We warrant that the use of any intellectual property provided by us will not infringe upon any third-party rights. By initialing here, you agree that we may take photo and video of the project for social media marketing purposes. Other parts of your home and residents of your home may be included in the pictures. If you do not wish for your home or any occupants to be photographed, please let us know.
Remedies for Breach:
In the event of a material breach of the contract by either party, the non-breaching party will be entitled to exercise available remedies, including termination of the contract, seeking damages, or specific performance. Any remedies provided herein will be cumulative and not exclusive. The prevailing party in any legal action arising from a breach of this contract will be entitled to recover reasonable attorney's fees and costs.
Responsibility for Personal Belongings:
Our company is not responsible for moving personal belongings that may obstruct or interfere with the work to be performed under this contract. If you fail to remove such belongings and our company needs to move them, we do not assume responsibility for any damage that may occur to these belongings.
Notices:
All notices, requests, demands, or other communications required or permitted under this contract will be in writing and delivered by personal delivery, registered mail, or recognized courier service to the addresses provided by the parties. Notices will be deemed effective upon receipt, and a copy of any notice will be sent simultaneously to the parties' designated representatives for the project.
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Testimonials
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We are very satisfied with the work Nick did for us in our new home. We got him to do some crown molding, wainscoting along the stair wall and also installing glass tile and panels for our accent wall. He executed everything to perfection and respected the timeline provided. Nick is very knowledgeable, patient and professional.
Nick was amazing to work with. He took the time to understand what we are looking for with regards to our project, we gave him the flexibility to design the room, and came up with a finished project that the misses and I are super happy with. We would recommend to anyone looking for amazing quality and service.
Extremely professional and top quality workmanship!Nick, worked on 3 units with me doing custom millwork. He did all the layouts and design for the whole project.
I would highly recommend Nick to any contractor or homeowner.