PRECISION CONTRACTING - TERMS & CONDITIONS
Installation Information. The Installation is limited to the description of work as per Schedule A of this Agreement. It does not include any changes to Your electrical, gas or plumbing systems unless specifically noted. Precision Contracting does not provide, or arrange for, any architectural or engineering services, nor provide or arrange for structural changes to any dwelling. You understand that the expected commencement date in this Agreement is an approximate date and is subject to change. Precision Contracting is not responsible for any delays in the Installation caused by unavailability of materials, manufacturer’s delay, the funding of any home improvement loans, changes or alterations in the work requested by You or required by applicable laws or resulting from incorrect information or measurements supplied by You. Your failure to do those things required of You under this Agreement, Your acts of negligence, acts of God, weather, fire, strikes, war, government regulations or any causes beyond the contract of Precision Contracting. If you have claims against Precision Contracting for problems or defects arising out of this Agreement or the Installation, You agree to give Precision Contracting written notice within ten (10) of the first occurrence or Your first being aware of such problems or defect. Responsibilities of Service Provider. Precision Contracting will complete the installation in a workmanlike manner and in accordance with all applicable laws, codes and ordinances. However, Precision Contracting is under no obligation to begin or complete the installation if it cannot be performed in accordance with applicable laws, codes or ordinances. Precision Contracting may, at Your request, perform additional work to comply with applicable laws, codes and ordinances, with prior written approval and for an additional fee. Precision Contracting is fully insured for any damages and operations under this contract. Precision Contracting’s responsibility is limited to the Installation warranty described below (see “Warranty” section). Precision Contracting will help You with any claims You may have. Your Responsibilities. You agree to pay Precision Contracting for the Installation according to the terms of the order. If Your property is subject to any covenants and/or other restrictions that may affect the Installation, You agree to let Precision Contracting know about them before the Installation. You agree to give Precision Contracting access to work areas during working hours and to make drinking water and sanitary facilities available to the Installers or pay the rental costs. You agree to provide power to and, as applicable, climate control in, work areas. You agree not to allow unattended minors or any persons under eighteen years of age on Your property or in or near work areas while Precision Contracting is present. Pets must be kept under control and away from the work areas. Permits posted by Precision Contracting must be displayed at all times. You agree not to ask Precision Contracting, to perform work without a permit, if one is required. You agree that if You or anyone You Control interferes with or delays the Installation, You may be subject to storage fees or other resulting changes. You agree any claims against Precision Contracting for problems or defects regarding the Installation must be made in writing within ten (10) days of the date You first became aware of them. You agree not to assign or transfer this Agreement. You assume the risk and full liability of assisting Precision Contracting with any work You performed in connection with the delivery of materials or with the Installation. Construction or Mechanic’s Liens. If You make all payments as required under this Agreement, no lien or other security interest will be placed against Your property by Precision Contracting. If a security interest is placed on Your property by another party, it creates a mortgage, lien or other claim against Your property to secure payment and may cause a loss of Your property if You fail to pay. In such cases, You may want to consult a lawyer about Your rights to discharge any security interest. Changes. Any changes to the Installation’s original scope will require You, and Precision Contracting to first sign a Change Order that will become part of this Agreement. Any Change Order must (i) be clear in its scope, (ii) specify any additional payment(s) You will have to make; and (iii) specify any change in the anticipated finish date. Hidden conditions at Your property, or conditions differing from what You represented, may entitle Precision Contracting to discontinue the Installation without further obligation to You or ask for a Change Order. If You decide not to make any requested changes, You or Precision Contracting may terminate this Agreement as set forth below. Warranty and Handling. Precision Contracting warrants the workmanship of the Installation for one year from its completion date or as otherwise specified. Precision Contracting will repair, at no cost to You, any defects due to faulty workmanship appearing during the one year period. Precision Contracting’s warranty does not cover damage caused by improper use, improper cleaning, abuse or neglect. Products and materials are covered exclusively by the manufacturer’s warranty, if any. Precision Contracting will help You with warranty claims against manufacturers. These are the only warranties provided by Precision Contracting. Any others, either expressly stated or implied are not valid. Photos (Video). Precision Contracting reserves the right to publish any photos (video) that is taken during the process of the project. No photos (video) will be used of any individual unless otherwise agreed. These photos (video) will solely be used as marketing and promotional needs to assist in advertising and the overall growth of Precision Contracting. Photos (Video) may be used in all areas of advertising that Precision Contracting purchases including (but not limited to newspaper or magazine, website, brochures, business cards, or any other promotional concepts.
Payment. You are responsible compliance with the payment procedures. You agree to pay Precision Contracting interest on all sums due by You, at a rate of 18% per annum from the date the sum is due and payable.Costs and Expenses. If Precision Contracting incurs any costs or expenses to enforce any of its rights under this Agreement or to collect any amounts due. You agree to reimburse Precision Contracting for all such costs and expenses, including legal fees on substantial indemnity basis. Taxes. The Harmonized Sales Tax (HST) rate charged herein is based on information You provided to Precision Contracting. Should such information change, You shall reimburse Precision Contracting for any additional taxes due to the appropriate governmental authority due to the aforementioned change.