** TERMS AND CONDITIONS***
HERE JBailey Design Renos is here named Capital 10 Interiors as it was the first business name of the company.
**CAPITAL 10 INTERIORS (C10I)
SCOPE: This AGREEMENT consists of this Customer Agreement and the Customer Payment Form and any charges or attachments thereto. This Agreement is between the Customer identified on the first page of this Customer Agreement and Capital 10 Interiors (C10I) and the Supplier. The Customer is subject to the rules and regulations of the Supplier and C10I will not be liable for changes to Supplier policies and procedures.
SPECIAL ORDER RETURNS: Returns are subject to the return policies posted by the Supplier that sold or provided the merchandise. Any restocking fee applies to the return of merchandise that is not custom made. These fees will be the responsibility of the client identified on the first page of this Customer Agreement and not C10I. Special orders that are custom made (IE. Uniquely altered, color- matched, shaped, sized or otherwise uniquely designed or fitted to accommodate the requirements of a particular space or environment – ( examples include cabinetry, counter tops, floor and wall coverings, bedding, throw cushions, upholstery windows, and window treatments) are non-returnable. Exceptions: merchandise incorrectly ordered (other then by the Customer) or merchandise damaged beyond repair in delivery (other then by Customer). Unless otherwise specified in this agreement, all returns must be made within the posted time frame of the Supplier of that merchandise or service.
DELIVERY TERMS: If the Supplier or C10I provides curbside delivery only and is not responsible for damages that occur after curbside delivery. If Customer requires delivery services beyond curbside, the Supplier may assist Customer in this regard; however, any delivery services beyond curbside shall be Customers sole responsibility. The supplier and or C10I is not responsible for any injury to persons or damage to property arising out of the Suppliers or C10I's assistance with delivery services beyond curbside, and in consideration of such assistance, Customer releases C10I and the Supplier from any claims of loss or damage delivery, it will be at Customers risk and Customer hereby releases Capital 10 Interiors and or the Supplier from any claims for loss or damage Customer may have by reason of Customers assisting with any delivery.
CUSTOMER MERCHANDISE PICK-UP: Customer pickup items will be held in the store by the Supplier the merchandise is coming from for the period determined by the Supplier. The Supplier may consider that the Customer has returned the product, in which case the terms and conditions set out under their 'RETURNS' policies may apply, and the Customer may be charged accordingly. If Capital 10 Interiors has arranged for the Customer to pick-up the item and becomes responsible to the Supplier for additional costs due to late pick up or any other factor caused by the Customer, the Customer agrees to compensate Capital 10 Interiors for these fees. Additional fees incurred by the Customer will be added to the balance due to Capital 10 Interiors.
SUBCONTRACTORS:
INSTALLER, LABOURER AND CONTRACTOR: Including: 1) Installers; 2) Construction Builders, Kitchen Builders and/or Furniture Material Builders; 3) Painters; 4) Carpenters and/or Woodworkers; 5) Independent Contractors; 6) Seamstress and/or Upholstery Worker; 6) Employees of the Installer, Labourer, Contractors and/or Capital 10 Interiors employees.
AUTHORIZATION: Customer authorizes Capital 10 Interiors to: 1) arrange for an independent contractor and/or labourer, licensed where required by law (Installer, labourer, contractor) to provide the installation, labour or other work of the services and/or materials specified in this Agreement (the installer, labourer and/or contractor); 2) inspect the installation, production of materials and/or other work specified in this Agreement; and 3) pay the balance due, if any to installer, contractor or labourer when installation, contract work or production of materials is complete, from monies paid by Customer to Capital 10 Interiors.
INFORMATION: Customer acknowledges that Capital 10 Interiors will not install (I.e. Kitchens, Cabinetry, Flooring, Wall and/or Ceilings) or produce materials (i.e. Furniture, Cabinets, Bedding, Window Treatments, Fabric work and/or Upholstery products) or perform labour (IE. Painting, Refinishing, Sanding ) listed in the Agreement, but will arrange for the Installation, Labour and/or Production to be preformed by Installer, Labourer and/or Contractor. Capital 10 Interiors may assist and/or replace the Installation, Labourer or Contractor to complete the project with Capital 10 Interiors employees and/or different Labourers, Contractors or Installers, when needed, to complete the project.
INSTALLATION INFORMATION: The installation is limited to the description of work in this Agreement. It does not include architectural or engineering services, structural changes to dwellings or other structures, or any changes to Customers electrical, gas or plumbing systems, unless specifically noted, Capital 10 Interiors and Installer are not responsible for any delays in the installation caused by unavailability of materials, manufacturers delays, delivery of damaged or incorrect merchandise from third parties, the failure to be granted permits required by law to complete the installation, the funding of any home improvement loans, changes or alterations in the work requested by Customer or required by applicable law, incorrect information or measurements supplied by Customer, customer failure to do those things required of Customer under this Agreement, Customer acts of negligence, acts of God, weather, fire, strikes, war, government actions or regulations, non-compliance with this Agreement by customer, or any cause beyond the control of Capital 10 Interiors and/or Installer.
RESPONSIBILITIES OF INSTALLER: Installer will complete the Installation in a workmanlike manner and in accordance with all applicable laws, codes and ordinances. Installer is under no obligation to complete the Installation if it cannot be completed in accordance with applicable codes and ordinances. Installer may, at Customers request, and for an additional fee, perform additional work to comply with applicable codes and ordinances, subject to the approval of Capital 10 Interiors and the Installer. Customer agrees that any injuries or damage caused directly or indirectly by the Installer are the sole responsibility of the installer.
ACCESS TO WORK: Customer agrees to grant free access to work areas to Installer, Labourer, Contractor, Installer agents and employees and any necessary vehicles during normal work hours. In accordance with applicable laws, Customer agrees to make drinking water and toilet facilities available to Installer, Labourer, Contractor, Installer's agents and employees or to compensate Installer, Labourer, Contractor for the cost of rented units, if required by Installer, Labourer and/or Contractor
CONSTRUCTION OR MECHANICS LIENS: Capital 10 Interiors, Installer or any Labourer or Contractor may have a claim against Customer for failure to pay for materials or services performed and may enforce this claim by filling a lien against Customers property after providing Customer with notice.
CHANGES: Customer agrees that any changes, additions or alterations to the Installation, Labour or Contract Work may require an additional fee and must be approved by Capital 10 interiors and the Installer, Labourer and/or Independent Contractor in writing. If not so approved, Customer may request a refund of any payment made under this Agreement except for payments for materials and services already performed. Customers must disclose to
Capital 10 Interiors changes or additions, such as cabinetry, beams, shelving, crown moldings, etc. prior to the beginning of any product production. Changes will not be made to active purchase orders after Capital 10 Interiors commenced window treatment production, upholstery work, cabinetry or woodworking products unless client pays for the cost associated with the request.
MATERIALS WARRANTY: In addition to any manufacturers warranty on the materials purchased from Capital 10 interiors and/or Suppliers, Installer, Labourer and Contractor warrants the workmanship of the installation for one year from it's completion date (painting work is guaranteed for 2 years), provided Customer notifies Capital 10 Interiors during the warranty period. The warranty does not cover damage caused by acts of God, installations, alterations or repairs made by persons other then Capital 10 Interiors or Installer, Contractor or Labourer, abuse, misuse, neglect, or normal wear and tear.
WAIVER OF DAMAGES/LIMITATIONS OF LIABILITY: Customers and Capital 10 Interiors hereby waive any claims against the other for lost use, lost profit, lost revenue, in-directed, incidental or consequential damages relating to the Installation. Labour or Contract Work, the materials or services of Capital 10 Interiors or of installer, Labourer or Contractor or this agreement, but excluding waiver of claims for injury to persons. Any liability of Capital 10 Interiors under this agreement shall be limited to the value of the Project Proposal.
CUSTOMER ASSISTANCE: Customer is under no obligation to complete the Installation, Labour or Contract Work. At Customer's request to perform the Installation, Labour or Contract Work, and if the work can be completed in accordance with applicable codes and ordinances subject to the approval of Capital 10 Interiors and/or the Installer, Labourer or Contractor a cost reduction to the Total Amount Due will be applied to The Total Amount Due. Customer agrees that any injuries or damage caused directly or indirectly to the Customer, space or environment are the sole responsibility of the Customer and Capital 10 Interiors will not be liable for loss of time, damages or injury incurred by the Customer. If the Customer's work requires repairs or changes Capital 10 Interiors will have to charge for additional time and expenses to re-do the work. The customer hereby waives any claims against Capital 10 Interiors or Installer, Labourer or Contractor for lost use, lost profit, lost revenue, in-directed, incidental or consequential damages relating to the Installation. Labour or Contract Work, the materials or services of Capital 10 Interiors or of Installer, Labourer or Contractor or this Agreement, including claims for injury to persons.
PAINTING: Capital 10 Interiors Painting System *
PAINTING INFORMATION: Our objective is to satisfy you - the Customer. To do this, the job must be carefully defined up front, so that you and our Painters both understand what's being done. Please ask all the questions you want. Let's ensure that there is agreement on what is and is not being done. If you – the Customer, are in any doubt about anything, have a painter or design or decorating consultant write it down. Thank you for the opportunity to work with you.
RELATIONSHIP: The individual giving you – the Customer, your proposal is an authorized consultant with Capital 10 Interiors and possibly an independent consultant under Capital 10 Interiors to use its system and trademarks to operate a painting company. The work will be completed by the Independent Consultant. Unless Capital 10 Interiors is directly painting for you. Please make all cheques payable to "Jonathan Bailey/Capital 10" Interiors regardless of the consultant handling your painting project.
DEFINITIONS AND CONDITION OF PAINTING AGREEMENTS
SURFACE PREPARATION
LEVEL 1: This level includes scraping to remove presently loose and peeling paint. Paint which is adhering firmly does not have to be removed. No sanding will be done to further the edges. This lack of feathering will not affect the adhesion of the paint job, however; a noticeable ridge is usually evident where the scraping is done. This level is usually quite adequate for newer homes or homes without extensive peeling or a number of previous layers of paint.
Level 2: This level includes a thorough scraping as described above plus sanding to feather the edges where requested by the Customer and specified under Key Areas. Sanding will feather the edges left from scraping but does not fully remove the ridge left from scraping. Sanding will be done by disc or by belt sander or by hand as appropriate.
Paint Removal – We do not permit, perform or guarantee this work.
MINOR MAINTANENCE: Puttying and Caulking: These are important on an exterior or interior paint job, as they help keep the house properly sealed against exterior moisture and internal heat loss. They do, however, add expense, especially as more of it is done. For this reason, varying levels are provided to suit particular Customer needs – i.e
Not checking at all: No puttying or caulking will be done.
Missing:Only places where material is actually completely missing will have new material applied.
Loose:Places where present material will be rancked out and replaced.
Total:All material will be ranked out and replaced
Storms/Screens:Storms and screens only applies to those already up on the outside of the house. Unless otherwise noted, secured metal storm frames will not be removed from the house
Shutters:Paint only one side (as affixed to house).
CAPITAL 10 INTERIOR PAINTING & REFINISHING GUARANTEE
CAPITAL 10 INTERIORS: PROMISE : We promise that failed areas (blistering and peeling) because of poor workmanship or materials will be repaired at no cost to the guarantee holder for a period of 2 years from the date of issue of the guarantee. We also promise to complete guarantee work at the specific surface preparation level originally contracted.
GUARANTEE PROCEDURES: Call your Consultant or Capital 10 Interiors at (705) 471-9480 within the two year period. The customer contract must be presented before any any guarantee work will be approved. Customers calls will be acknowledged by a letter during the winter off season for exterior work or a verbal confirmation for interior work related calls. The work needed will be visually inspected by one of the staff. In most cases Customer claims will not be serviced until July or August when Capital 10 Interiors is in its full painting production period. Customers must call before July 1st to have repairs done during the summer.
RESTRICTIONS TO THE GUARANTEE
General
Specific Items
- Any work for which C10I was not paid in full.
- Any work which other contractors were involved in
- Any work for which the client supplied the paint.
Paint Properties:
- Problems resulting from previous paint systems which at the time of the estimate could not be foreseen by visual inspection (also see Unforeseen Conditions)
- Mold and mildew and growths which can occur on a paint film. Their growth on a paint surface has no connection with a paint job itself. Therefore, we do not guarantee against mildew.
- Rust
- Roofs
- Wooden Gutters
- Galvanized metal (not 95% stripped)
- Parts of the building where a moisture problem exists and has not been rectified.
- Horizontal surfaces which allow moisture to collect are naturally prone to rapid paint failure. Therefore, all areas of porches, stairs, floors and decks are not guaranteed.
- Wooden railings and fences, all varnished areas.
- Factory Finished areas (like baked-on finishes) contracted to be painted by the Customer
UNFORESEEN CONDITIONS – LIMITATIONS: This Agreement is based on a visual inspection of the surface prior to starting work. Should problems arise which could not be foreseen by visual inspection prior to starting work, the Customer must pay an agreed upon extra amount for the remedial work necessary to rectify the unforeseen condition. An example of such a condition is the failure of a previous paint system which at the time of the estimate was not clear and evident. This can occur on both older buildings with numerous layers of paint and newer homes which have a decontamination between previous paint layers or if lead paint is detected or if it is a stucco failure verses paint failure.
COLOURS: Colour must be chosen by the client prior to the commencement of work. If, after the job starts, a colour change is requested, Capital 10 Interiors will have to charge for the time and material expenses applying on the original colour.
CAPITAL 10 INTERIOR CUSTOM WINDOW TREATMENTS, UPHOLSTERY AND OTHER FABRIC WORK ( WTUFW)
CUSTOM WTUFW WARRENTY: Capital 10 Interiors custom fabric treatments are guaranteed to be free from fabrication defects for the life of the product provided the product is not incorrectly used and is owned by the original purchaser. This warranty is limited to the repair of Capital 10 Interior products and not manufactured products. C10I maintains the right to determine whether the defect is covered by the warranty and how the fabrication defect will be corrected. Repairs will only be made to meet original specifications of the contract. This warranty does not include conditions or damage resulting from normal wear and tear, sun damage, misuse or abuse, improper cleaning, re-installation (other than C10I) or the application of chemicals. Nor does this warranty include collateral cost such as installation by a third party, shipping or maintenance of any product. If Customer discovers any fabrication defects concerning Capital 10 Interiors products, please contact Capital 10 Interiors within thirty days from the date of product installation. This warranty only applies to request for repair of fabrication defects that are made within thirty days from the date of product installation. If a fabrication defect is not made within thirty days, Capital 10 Interiors will not be responsible for the fabrication defect repair and will not be liable for any further damage to customer's furnishings and/or the window treatment(s) in question.
HARD WINDOW TREATMENT WARRANTY: Capital 10 Interiors offers a one year warranty on parts and labor for products resold by C10I. The warranty is valid for one full year from the date of invoice. After one year from the date of invoice, standard factory warranties will apply to all resold products, including current market rates for service and repairs. Please contact C10I for more information on specific products or factory warranties. Repairs will be made on-site whenever possible. If necessary, C10I reserves the right to repair the product at our facility or any of our vendor facilities. Capital 10 Interiors will make every effort to repair and reinstall the warranted product in a timely fashion
MOTORIZATION: All electric motors and electric components are supplied by third party vendors. As a company, C10I does not warranty any electric motors or electrical components beyond the original manufacture’s warranties. All of C10I vendors provide varying warranties on their products. For more
information on specific vendor warranties and products, please contact Capital 10 Interiors as they are available upon request.
YARDAGE ESTIMATES: Capital 10 Interior's proposals include estimates of approximate yardage requirements to complete an order. Due to multiple variations such as fabric repeats, fabric widths and drapery hardware, C10I cannot quote exact yardages. Accordingly, C10I is not responsible for any extra fabric left over or purchase of additional fabric to complete a project. Due to limited storage space, extra fabrics or trimmings will only be available for the client to pick up for thirty days from the date of installation.
TEXTILES: Fabrics have inherent characteristics that are out of C10I control (i.e. stretching, stiffness, hiking, flaring, dye lots, back light shadows and imperfections). Be aware that no fabric is completely stable and there should be tolerance for small fluctuations in drapery and shade lengths. Standards for manufactured draperies is up to ½” of variation from tabled measure. Tabled measure is defined as fabric measured as it lies on a table without stress or constrictions. Drapery fabrics (due to yarn contents, construction, humidity, etc.) will expand or contract under certain atmospheric conditions.
FADING: C10I does not warranty any window treatments from fading. Please consult with your fabric sales person before purchasing customer's own fabrics. Colored linings supplied by C10I are made to industry standards and are also subject to fading.
FABRIC BACKLINING: Fabrics may change in appearance when sun light is directed from the back side of the fabric. We recommend you place the fabric sample in the same light as your final application to determine true appearance.
ADDITIONAL SERVICES: In the event that a drapery has stretched or shrunk, the seller or purchaser of the fabric would be responsible for necessary adjustments, which typically involves two types of cures:
1) On-site hemming services by an independent contractor are available for hire by the seller of the fabric or the homeowner at no expense to Capital 10 Interiors.
2) Capital 10 Interiors installer could possibly re-pin, redress or move the hardware, as needed to make the necessary adjustments. Additional charges may apply for this service depending on the extent of work required.
FINAL DESIGN/APPLICATION: Capital 10 Interiors will not be responsible for the cost of a new furniture, new window treatment, new contract work, new labour work, new installation work or new painting or new building and/or fabric, or other collateral expenses, should the customer not be satisfied with their finished look of any project due to appearance of the final design and/or other variations beyond Capital 10 Interiors control. Accordingly, please consult with your design or decorating consultant for specific themes, designs or decorations before purchasing materials or having any installation, contract work or labour done.
GENERAL:
PAYMENT: Customer is responsible for paying 100% of the total amount due for the goods and services provided under this Agreement (the Total Amount Due). If so indicated on the customer payment form, customer shall only be responsible for paying a portion of the Total Amount Due upon signature of this agreement, the amount of which will be indicated on the Customer Payment Form. In this case, Customer agrees to pay the Total Amount Due to Capital 10 Interiors at a later date(s) as directed by Capital 10 Interiors. Customer shall pay all funds to Capital 10 Interiors; Customer shall not pay or make payable any funds to Installer, Labourer or Contractors (if applicable); however, Installer, Labourer or Contractors (if applicable) may collect Customers payment(s) to Capital 10 interiors.
PAYMENT TERMS: Payment terms will be outlined on the Project Proposal and coordinated with the Project's order of operations. A 10% non-refundable payment is due to book all projects or a a minimum payment of $200.00 dollars to start Phase 1 of any project, a 30% payment payment will be due unless otherwise agreed upon between Capital 10 Interiors and the Customer to apply the 10% booking fee to Phase 1 to start the work. Exceptions do not apply to Kitchen and Bathroom cabinetry building or any Heavy Construction. At the mid-way point in any project before Phase 2 can begin, an additional 30% payment must be received. In some cases with larger projects an additional % prior to Final Invoice payment may be arranged between Capital 10 Interiors and the Customer. Final payment is due upon completion of the project. See Final Invoice.
PRODUCT PAYMENT: For product delivery's payment of the balance is due upon delivery or prior to receiving and keeping Customer orders. Other installation or contract work payment is due upon invoice -- no later than ten days after completion of installation or contract work. For partial or postponed installations due to construction delays, fabric back-orders, client schedule delays, etc., balances will be due for the products that are completed and/or manufactured.
FINAL INVOICE: The Final Invoice will be given to the customer after completion of the project and any balance due will require payment. Past due balances will be assessed and a finance charge of 1 1/2% percent per month. In the event any invoice is not paid when due, and legal action becomes necessary, Capital 10 Interiors shall be entitled to their reasonable attorney fees and court costs. It is expressly agreed that if an invoice is not paid and is referred to a third party for collection, the additional cost will be borne by the Customer
TAXES: Certain tax rates charged in this Agreement are based on information provided to Capital 10 Interiors by Customer. Should such information change or be inaccurate, Customer shall reimburse Capital 10 Interiors for any additional taxes due to the appropriate government authority.
NO EXPORTING: Customer represents and warrants that he/she will not export any of the goods purchased under this agreement. If Customer wishes to export such goods, Customer will so notify Capital 10 Interiors, and such export will be in accordance with Capital 10 Interiors Export Policy, a copy of which will be provided to Customer upon request.
COSTS AND EXPENSES: If Capital 10 Interiors incurs any costs or expenses to enforce any of its rights under this Agreement or to collect any amounts due, Customer agrees to pay Capital 10 Interiors for all such costs and expenses, including reasonable attorneys' fees.
TERMINATION: If Customer breaches this agreement, Capital 10 Interiors may immediately terminate it without further obligation. Upon termination, Customer shall owe Capital 10 Interiors for the goods and services provided to Customer as of the date of the termination.
QUESTIONS AND CONCERNS:. If Capital 10 Interiors Design or Decorating Consultant and, if applicable, Installer, Labourer or Contractor are unable to answer Customer Questions, Customer should contact Jonathan Bailey owner and operator of Capital 10 Interiors at (705) 471-9480 with any questions or concerns.
ACCEPTANCE: This Agreement is the entire agreement between Customer and Capital 10 Interiors with regard to goods and services set out in this agreement and supersedes all prior discussions and agreements, whether oral or written, relating to said goods and services. This Agreement can not be assigned or amended except by a written and signed agreement between Customer and Capital 10 Interiors. Customer has read, understands, accepts the terms of and has received a copy of this Agreement.
PRIVACY POLICY: The information our Customers provide on our forms, and other information we collect about our Customers (including name, contact information, identification information, credit information, and other information relating to the supply of our services) is used for the supply of our services by ourselves. Our company may record calls to and from its main office for purposes of accuracy, performance reviews and training. Capital 10 Interiors does not give out Customer information to third parties for their own use.
CANCELLATION: CUSTOMER MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION BY DELIVERING WRITTEN NOTICE TO CAPITAL 10 INTERIORS BY MIDNIGHT ON THE THIRD BUSINESS DAY AFTER SIGNING THIS AGREEMENT. CUSTOM MADE PRODUCTS BY LABOURER OR CONTRACTOR OR INSTALLER OR CUSTOM ORDERED PRODUCTS FROM SUPPLIER ARE NOT SUBJECT TO CANCELLATION OR RETURNS.
HERE JBailey Design Renos is here named Capital 10 Interiors as it was the first business name of the company.
**CAPITAL 10 INTERIORS (C10I)
SCOPE: This AGREEMENT consists of this Customer Agreement and the Customer Payment Form and any charges or attachments thereto. This Agreement is between the Customer identified on the first page of this Customer Agreement and Capital 10 Interiors (C10I) and the Supplier. The Customer is subject to the rules and regulations of the Supplier and C10I will not be liable for changes to Supplier policies and procedures.
SPECIAL ORDER RETURNS: Returns are subject to the return policies posted by the Supplier that sold or provided the merchandise. Any restocking fee applies to the return of merchandise that is not custom made. These fees will be the responsibility of the client identified on the first page of this Customer Agreement and not C10I. Special orders that are custom made (IE. Uniquely altered, color- matched, shaped, sized or otherwise uniquely designed or fitted to accommodate the requirements of a particular space or environment – ( examples include cabinetry, counter tops, floor and wall coverings, bedding, throw cushions, upholstery windows, and window treatments) are non-returnable. Exceptions: merchandise incorrectly ordered (other then by the Customer) or merchandise damaged beyond repair in delivery (other then by Customer). Unless otherwise specified in this agreement, all returns must be made within the posted time frame of the Supplier of that merchandise or service.
DELIVERY TERMS: If the Supplier or C10I provides curbside delivery only and is not responsible for damages that occur after curbside delivery. If Customer requires delivery services beyond curbside, the Supplier may assist Customer in this regard; however, any delivery services beyond curbside shall be Customers sole responsibility. The supplier and or C10I is not responsible for any injury to persons or damage to property arising out of the Suppliers or C10I's assistance with delivery services beyond curbside, and in consideration of such assistance, Customer releases C10I and the Supplier from any claims of loss or damage delivery, it will be at Customers risk and Customer hereby releases Capital 10 Interiors and or the Supplier from any claims for loss or damage Customer may have by reason of Customers assisting with any delivery.
CUSTOMER MERCHANDISE PICK-UP: Customer pickup items will be held in the store by the Supplier the merchandise is coming from for the period determined by the Supplier. The Supplier may consider that the Customer has returned the product, in which case the terms and conditions set out under their 'RETURNS' policies may apply, and the Customer may be charged accordingly. If Capital 10 Interiors has arranged for the Customer to pick-up the item and becomes responsible to the Supplier for additional costs due to late pick up or any other factor caused by the Customer, the Customer agrees to compensate Capital 10 Interiors for these fees. Additional fees incurred by the Customer will be added to the balance due to Capital 10 Interiors.
SUBCONTRACTORS:
INSTALLER, LABOURER AND CONTRACTOR: Including: 1) Installers; 2) Construction Builders, Kitchen Builders and/or Furniture Material Builders; 3) Painters; 4) Carpenters and/or Woodworkers; 5) Independent Contractors; 6) Seamstress and/or Upholstery Worker; 6) Employees of the Installer, Labourer, Contractors and/or Capital 10 Interiors employees.
AUTHORIZATION: Customer authorizes Capital 10 Interiors to: 1) arrange for an independent contractor and/or labourer, licensed where required by law (Installer, labourer, contractor) to provide the installation, labour or other work of the services and/or materials specified in this Agreement (the installer, labourer and/or contractor); 2) inspect the installation, production of materials and/or other work specified in this Agreement; and 3) pay the balance due, if any to installer, contractor or labourer when installation, contract work or production of materials is complete, from monies paid by Customer to Capital 10 Interiors.
INFORMATION: Customer acknowledges that Capital 10 Interiors will not install (I.e. Kitchens, Cabinetry, Flooring, Wall and/or Ceilings) or produce materials (i.e. Furniture, Cabinets, Bedding, Window Treatments, Fabric work and/or Upholstery products) or perform labour (IE. Painting, Refinishing, Sanding ) listed in the Agreement, but will arrange for the Installation, Labour and/or Production to be preformed by Installer, Labourer and/or Contractor. Capital 10 Interiors may assist and/or replace the Installation, Labourer or Contractor to complete the project with Capital 10 Interiors employees and/or different Labourers, Contractors or Installers, when needed, to complete the project.
INSTALLATION INFORMATION: The installation is limited to the description of work in this Agreement. It does not include architectural or engineering services, structural changes to dwellings or other structures, or any changes to Customers electrical, gas or plumbing systems, unless specifically noted, Capital 10 Interiors and Installer are not responsible for any delays in the installation caused by unavailability of materials, manufacturers delays, delivery of damaged or incorrect merchandise from third parties, the failure to be granted permits required by law to complete the installation, the funding of any home improvement loans, changes or alterations in the work requested by Customer or required by applicable law, incorrect information or measurements supplied by Customer, customer failure to do those things required of Customer under this Agreement, Customer acts of negligence, acts of God, weather, fire, strikes, war, government actions or regulations, non-compliance with this Agreement by customer, or any cause beyond the control of Capital 10 Interiors and/or Installer.
RESPONSIBILITIES OF INSTALLER: Installer will complete the Installation in a workmanlike manner and in accordance with all applicable laws, codes and ordinances. Installer is under no obligation to complete the Installation if it cannot be completed in accordance with applicable codes and ordinances. Installer may, at Customers request, and for an additional fee, perform additional work to comply with applicable codes and ordinances, subject to the approval of Capital 10 Interiors and the Installer. Customer agrees that any injuries or damage caused directly or indirectly by the Installer are the sole responsibility of the installer.
ACCESS TO WORK: Customer agrees to grant free access to work areas to Installer, Labourer, Contractor, Installer agents and employees and any necessary vehicles during normal work hours. In accordance with applicable laws, Customer agrees to make drinking water and toilet facilities available to Installer, Labourer, Contractor, Installer's agents and employees or to compensate Installer, Labourer, Contractor for the cost of rented units, if required by Installer, Labourer and/or Contractor
CONSTRUCTION OR MECHANICS LIENS: Capital 10 Interiors, Installer or any Labourer or Contractor may have a claim against Customer for failure to pay for materials or services performed and may enforce this claim by filling a lien against Customers property after providing Customer with notice.
CHANGES: Customer agrees that any changes, additions or alterations to the Installation, Labour or Contract Work may require an additional fee and must be approved by Capital 10 interiors and the Installer, Labourer and/or Independent Contractor in writing. If not so approved, Customer may request a refund of any payment made under this Agreement except for payments for materials and services already performed. Customers must disclose to
Capital 10 Interiors changes or additions, such as cabinetry, beams, shelving, crown moldings, etc. prior to the beginning of any product production. Changes will not be made to active purchase orders after Capital 10 Interiors commenced window treatment production, upholstery work, cabinetry or woodworking products unless client pays for the cost associated with the request.
MATERIALS WARRANTY: In addition to any manufacturers warranty on the materials purchased from Capital 10 interiors and/or Suppliers, Installer, Labourer and Contractor warrants the workmanship of the installation for one year from it's completion date (painting work is guaranteed for 2 years), provided Customer notifies Capital 10 Interiors during the warranty period. The warranty does not cover damage caused by acts of God, installations, alterations or repairs made by persons other then Capital 10 Interiors or Installer, Contractor or Labourer, abuse, misuse, neglect, or normal wear and tear.
WAIVER OF DAMAGES/LIMITATIONS OF LIABILITY: Customers and Capital 10 Interiors hereby waive any claims against the other for lost use, lost profit, lost revenue, in-directed, incidental or consequential damages relating to the Installation. Labour or Contract Work, the materials or services of Capital 10 Interiors or of installer, Labourer or Contractor or this agreement, but excluding waiver of claims for injury to persons. Any liability of Capital 10 Interiors under this agreement shall be limited to the value of the Project Proposal.
CUSTOMER ASSISTANCE: Customer is under no obligation to complete the Installation, Labour or Contract Work. At Customer's request to perform the Installation, Labour or Contract Work, and if the work can be completed in accordance with applicable codes and ordinances subject to the approval of Capital 10 Interiors and/or the Installer, Labourer or Contractor a cost reduction to the Total Amount Due will be applied to The Total Amount Due. Customer agrees that any injuries or damage caused directly or indirectly to the Customer, space or environment are the sole responsibility of the Customer and Capital 10 Interiors will not be liable for loss of time, damages or injury incurred by the Customer. If the Customer's work requires repairs or changes Capital 10 Interiors will have to charge for additional time and expenses to re-do the work. The customer hereby waives any claims against Capital 10 Interiors or Installer, Labourer or Contractor for lost use, lost profit, lost revenue, in-directed, incidental or consequential damages relating to the Installation. Labour or Contract Work, the materials or services of Capital 10 Interiors or of Installer, Labourer or Contractor or this Agreement, including claims for injury to persons.
PAINTING: Capital 10 Interiors Painting System *
PAINTING INFORMATION: Our objective is to satisfy you - the Customer. To do this, the job must be carefully defined up front, so that you and our Painters both understand what's being done. Please ask all the questions you want. Let's ensure that there is agreement on what is and is not being done. If you – the Customer, are in any doubt about anything, have a painter or design or decorating consultant write it down. Thank you for the opportunity to work with you.
RELATIONSHIP: The individual giving you – the Customer, your proposal is an authorized consultant with Capital 10 Interiors and possibly an independent consultant under Capital 10 Interiors to use its system and trademarks to operate a painting company. The work will be completed by the Independent Consultant. Unless Capital 10 Interiors is directly painting for you. Please make all cheques payable to "Jonathan Bailey/Capital 10" Interiors regardless of the consultant handling your painting project.
DEFINITIONS AND CONDITION OF PAINTING AGREEMENTS
SURFACE PREPARATION
LEVEL 1: This level includes scraping to remove presently loose and peeling paint. Paint which is adhering firmly does not have to be removed. No sanding will be done to further the edges. This lack of feathering will not affect the adhesion of the paint job, however; a noticeable ridge is usually evident where the scraping is done. This level is usually quite adequate for newer homes or homes without extensive peeling or a number of previous layers of paint.
Level 2: This level includes a thorough scraping as described above plus sanding to feather the edges where requested by the Customer and specified under Key Areas. Sanding will feather the edges left from scraping but does not fully remove the ridge left from scraping. Sanding will be done by disc or by belt sander or by hand as appropriate.
Paint Removal – We do not permit, perform or guarantee this work.
MINOR MAINTANENCE: Puttying and Caulking: These are important on an exterior or interior paint job, as they help keep the house properly sealed against exterior moisture and internal heat loss. They do, however, add expense, especially as more of it is done. For this reason, varying levels are provided to suit particular Customer needs – i.e
Not checking at all: No puttying or caulking will be done.
Missing:Only places where material is actually completely missing will have new material applied.
Loose:Places where present material will be rancked out and replaced.
Total:All material will be ranked out and replaced
Storms/Screens:Storms and screens only applies to those already up on the outside of the house. Unless otherwise noted, secured metal storm frames will not be removed from the house
Shutters:Paint only one side (as affixed to house).
CAPITAL 10 INTERIOR PAINTING & REFINISHING GUARANTEE
CAPITAL 10 INTERIORS: PROMISE : We promise that failed areas (blistering and peeling) because of poor workmanship or materials will be repaired at no cost to the guarantee holder for a period of 2 years from the date of issue of the guarantee. We also promise to complete guarantee work at the specific surface preparation level originally contracted.
GUARANTEE PROCEDURES: Call your Consultant or Capital 10 Interiors at (705) 471-9480 within the two year period. The customer contract must be presented before any any guarantee work will be approved. Customers calls will be acknowledged by a letter during the winter off season for exterior work or a verbal confirmation for interior work related calls. The work needed will be visually inspected by one of the staff. In most cases Customer claims will not be serviced until July or August when Capital 10 Interiors is in its full painting production period. Customers must call before July 1st to have repairs done during the summer.
RESTRICTIONS TO THE GUARANTEE
General
Specific Items
- Any work for which C10I was not paid in full.
- Any work which other contractors were involved in
- Any work for which the client supplied the paint.
Paint Properties:
- Problems resulting from previous paint systems which at the time of the estimate could not be foreseen by visual inspection (also see Unforeseen Conditions)
- Mold and mildew and growths which can occur on a paint film. Their growth on a paint surface has no connection with a paint job itself. Therefore, we do not guarantee against mildew.
- Rust
- Roofs
- Wooden Gutters
- Galvanized metal (not 95% stripped)
- Parts of the building where a moisture problem exists and has not been rectified.
- Horizontal surfaces which allow moisture to collect are naturally prone to rapid paint failure. Therefore, all areas of porches, stairs, floors and decks are not guaranteed.
- Wooden railings and fences, all varnished areas.
- Factory Finished areas (like baked-on finishes) contracted to be painted by the Customer
UNFORESEEN CONDITIONS – LIMITATIONS: This Agreement is based on a visual inspection of the surface prior to starting work. Should problems arise which could not be foreseen by visual inspection prior to starting work, the Customer must pay an agreed upon extra amount for the remedial work necessary to rectify the unforeseen condition. An example of such a condition is the failure of a previous paint system which at the time of the estimate was not clear and evident. This can occur on both older buildings with numerous layers of paint and newer homes which have a decontamination between previous paint layers or if lead paint is detected or if it is a stucco failure verses paint failure.
COLOURS: Colour must be chosen by the client prior to the commencement of work. If, after the job starts, a colour change is requested, Capital 10 Interiors will have to charge for the time and material expenses applying on the original colour.
CAPITAL 10 INTERIOR CUSTOM WINDOW TREATMENTS, UPHOLSTERY AND OTHER FABRIC WORK ( WTUFW)
CUSTOM WTUFW WARRENTY: Capital 10 Interiors custom fabric treatments are guaranteed to be free from fabrication defects for the life of the product provided the product is not incorrectly used and is owned by the original purchaser. This warranty is limited to the repair of Capital 10 Interior products and not manufactured products. C10I maintains the right to determine whether the defect is covered by the warranty and how the fabrication defect will be corrected. Repairs will only be made to meet original specifications of the contract. This warranty does not include conditions or damage resulting from normal wear and tear, sun damage, misuse or abuse, improper cleaning, re-installation (other than C10I) or the application of chemicals. Nor does this warranty include collateral cost such as installation by a third party, shipping or maintenance of any product. If Customer discovers any fabrication defects concerning Capital 10 Interiors products, please contact Capital 10 Interiors within thirty days from the date of product installation. This warranty only applies to request for repair of fabrication defects that are made within thirty days from the date of product installation. If a fabrication defect is not made within thirty days, Capital 10 Interiors will not be responsible for the fabrication defect repair and will not be liable for any further damage to customer's furnishings and/or the window treatment(s) in question.
HARD WINDOW TREATMENT WARRANTY: Capital 10 Interiors offers a one year warranty on parts and labor for products resold by C10I. The warranty is valid for one full year from the date of invoice. After one year from the date of invoice, standard factory warranties will apply to all resold products, including current market rates for service and repairs. Please contact C10I for more information on specific products or factory warranties. Repairs will be made on-site whenever possible. If necessary, C10I reserves the right to repair the product at our facility or any of our vendor facilities. Capital 10 Interiors will make every effort to repair and reinstall the warranted product in a timely fashion
MOTORIZATION: All electric motors and electric components are supplied by third party vendors. As a company, C10I does not warranty any electric motors or electrical components beyond the original manufacture’s warranties. All of C10I vendors provide varying warranties on their products. For more
information on specific vendor warranties and products, please contact Capital 10 Interiors as they are available upon request.
YARDAGE ESTIMATES: Capital 10 Interior's proposals include estimates of approximate yardage requirements to complete an order. Due to multiple variations such as fabric repeats, fabric widths and drapery hardware, C10I cannot quote exact yardages. Accordingly, C10I is not responsible for any extra fabric left over or purchase of additional fabric to complete a project. Due to limited storage space, extra fabrics or trimmings will only be available for the client to pick up for thirty days from the date of installation.
TEXTILES: Fabrics have inherent characteristics that are out of C10I control (i.e. stretching, stiffness, hiking, flaring, dye lots, back light shadows and imperfections). Be aware that no fabric is completely stable and there should be tolerance for small fluctuations in drapery and shade lengths. Standards for manufactured draperies is up to ½” of variation from tabled measure. Tabled measure is defined as fabric measured as it lies on a table without stress or constrictions. Drapery fabrics (due to yarn contents, construction, humidity, etc.) will expand or contract under certain atmospheric conditions.
FADING: C10I does not warranty any window treatments from fading. Please consult with your fabric sales person before purchasing customer's own fabrics. Colored linings supplied by C10I are made to industry standards and are also subject to fading.
FABRIC BACKLINING: Fabrics may change in appearance when sun light is directed from the back side of the fabric. We recommend you place the fabric sample in the same light as your final application to determine true appearance.
ADDITIONAL SERVICES: In the event that a drapery has stretched or shrunk, the seller or purchaser of the fabric would be responsible for necessary adjustments, which typically involves two types of cures:
1) On-site hemming services by an independent contractor are available for hire by the seller of the fabric or the homeowner at no expense to Capital 10 Interiors.
2) Capital 10 Interiors installer could possibly re-pin, redress or move the hardware, as needed to make the necessary adjustments. Additional charges may apply for this service depending on the extent of work required.
FINAL DESIGN/APPLICATION: Capital 10 Interiors will not be responsible for the cost of a new furniture, new window treatment, new contract work, new labour work, new installation work or new painting or new building and/or fabric, or other collateral expenses, should the customer not be satisfied with their finished look of any project due to appearance of the final design and/or other variations beyond Capital 10 Interiors control. Accordingly, please consult with your design or decorating consultant for specific themes, designs or decorations before purchasing materials or having any installation, contract work or labour done.
GENERAL:
PAYMENT: Customer is responsible for paying 100% of the total amount due for the goods and services provided under this Agreement (the Total Amount Due). If so indicated on the customer payment form, customer shall only be responsible for paying a portion of the Total Amount Due upon signature of this agreement, the amount of which will be indicated on the Customer Payment Form. In this case, Customer agrees to pay the Total Amount Due to Capital 10 Interiors at a later date(s) as directed by Capital 10 Interiors. Customer shall pay all funds to Capital 10 Interiors; Customer shall not pay or make payable any funds to Installer, Labourer or Contractors (if applicable); however, Installer, Labourer or Contractors (if applicable) may collect Customers payment(s) to Capital 10 interiors.
PAYMENT TERMS: Payment terms will be outlined on the Project Proposal and coordinated with the Project's order of operations. A 10% non-refundable payment is due to book all projects or a a minimum payment of $200.00 dollars to start Phase 1 of any project, a 30% payment payment will be due unless otherwise agreed upon between Capital 10 Interiors and the Customer to apply the 10% booking fee to Phase 1 to start the work. Exceptions do not apply to Kitchen and Bathroom cabinetry building or any Heavy Construction. At the mid-way point in any project before Phase 2 can begin, an additional 30% payment must be received. In some cases with larger projects an additional % prior to Final Invoice payment may be arranged between Capital 10 Interiors and the Customer. Final payment is due upon completion of the project. See Final Invoice.
PRODUCT PAYMENT: For product delivery's payment of the balance is due upon delivery or prior to receiving and keeping Customer orders. Other installation or contract work payment is due upon invoice -- no later than ten days after completion of installation or contract work. For partial or postponed installations due to construction delays, fabric back-orders, client schedule delays, etc., balances will be due for the products that are completed and/or manufactured.
FINAL INVOICE: The Final Invoice will be given to the customer after completion of the project and any balance due will require payment. Past due balances will be assessed and a finance charge of 1 1/2% percent per month. In the event any invoice is not paid when due, and legal action becomes necessary, Capital 10 Interiors shall be entitled to their reasonable attorney fees and court costs. It is expressly agreed that if an invoice is not paid and is referred to a third party for collection, the additional cost will be borne by the Customer
TAXES: Certain tax rates charged in this Agreement are based on information provided to Capital 10 Interiors by Customer. Should such information change or be inaccurate, Customer shall reimburse Capital 10 Interiors for any additional taxes due to the appropriate government authority.
NO EXPORTING: Customer represents and warrants that he/she will not export any of the goods purchased under this agreement. If Customer wishes to export such goods, Customer will so notify Capital 10 Interiors, and such export will be in accordance with Capital 10 Interiors Export Policy, a copy of which will be provided to Customer upon request.
COSTS AND EXPENSES: If Capital 10 Interiors incurs any costs or expenses to enforce any of its rights under this Agreement or to collect any amounts due, Customer agrees to pay Capital 10 Interiors for all such costs and expenses, including reasonable attorneys' fees.
TERMINATION: If Customer breaches this agreement, Capital 10 Interiors may immediately terminate it without further obligation. Upon termination, Customer shall owe Capital 10 Interiors for the goods and services provided to Customer as of the date of the termination.
QUESTIONS AND CONCERNS:. If Capital 10 Interiors Design or Decorating Consultant and, if applicable, Installer, Labourer or Contractor are unable to answer Customer Questions, Customer should contact Jonathan Bailey owner and operator of Capital 10 Interiors at (705) 471-9480 with any questions or concerns.
ACCEPTANCE: This Agreement is the entire agreement between Customer and Capital 10 Interiors with regard to goods and services set out in this agreement and supersedes all prior discussions and agreements, whether oral or written, relating to said goods and services. This Agreement can not be assigned or amended except by a written and signed agreement between Customer and Capital 10 Interiors. Customer has read, understands, accepts the terms of and has received a copy of this Agreement.
PRIVACY POLICY: The information our Customers provide on our forms, and other information we collect about our Customers (including name, contact information, identification information, credit information, and other information relating to the supply of our services) is used for the supply of our services by ourselves. Our company may record calls to and from its main office for purposes of accuracy, performance reviews and training. Capital 10 Interiors does not give out Customer information to third parties for their own use.
CANCELLATION: CUSTOMER MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION BY DELIVERING WRITTEN NOTICE TO CAPITAL 10 INTERIORS BY MIDNIGHT ON THE THIRD BUSINESS DAY AFTER SIGNING THIS AGREEMENT. CUSTOM MADE PRODUCTS BY LABOURER OR CONTRACTOR OR INSTALLER OR CUSTOM ORDERED PRODUCTS FROM SUPPLIER ARE NOT SUBJECT TO CANCELLATION OR RETURNS.
*** NOT VALID FOR MERCHANDISE OR SERVICES PURCHASED OR PERFORMED BY THE CUSTOMER***
TERMS & CONDITIONS
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