HAMILTON HOUSE PAINTERS TERMS OF PAYMENT, SALES and SERVICE, and, WARRANTY INFORMATION
THANK YOU for choosing
Hamilton House Painters:
It is our goal to win you over as a "life-time" customer. We have thousands of happy customers across Canada who are willing to provide us with a reference, refer us to others, and to use us again us for all their painting needs. That says a lot, about us, and them. We ALWAYS remember that we are here to serve YOU.
Of course, we are aware that there are alternatives in the marketplace. Frankly, the competition makes us better, and, gives us motivation to try even harder to earn your trust and ongoing business. However, having recognized the competition, when one looks very closely at those marketplace alternatives, they sometimes prove to be somewhat less appealing than at “first blush.”
These alternatives include:
1. The huge multi-national players who sub-contract all the work to local companies, but, charge you an extra 10 to 15% (their commission rate from the contractor - which YOU pay) for the privilege of using their name on the contract.
2. The "referral services" who often do little or no vetting of the contractor to whom they send your referral. And again, you can end up paying an extra 10 - 15%
to cover their referral commissions. Where will the referral service be when you have a problem with the contractor? Will they stand behind you?
3. The painters or renovators who possess some "artistic pretentions" and consider themselves to be "high-end painters," who feel they can charge a "premium" just because they can. Enough said here.
4. The "ma and pa" operators, who literally "pop up" overnight, often with no training, experience, or skills on which to fall back. When the going gets tough, you can BET that they will GET GOING, and keep going, leaving you "holding the bag."
We always do our very best to start and finish your project on time, and on budget. We offer the highest-quality painting services without the associated high prices of our worthy competitors noted above. We have, and keep, our overheads low - which translates directly into savings for our customers.
We suggest that before you hire any trades, that you ask them for the following:
1. A copy of their TERMS OF SALES AND SERVICE.
2. A written copy of their WARRANTY.
4. How long has the "crew chief" been in the trades?
5. What kind of paint or materials do they use and recommend. Why?
6. How much do they mark-up their paint or materials when they sell it to you?
7. How much of a commission are they paying (you paying) to a national brand or referral service?
8. Can they show you pictures, or provide references, from previous jobs?
9. A written copy of their STANDARD OPERATING PRACTICES while working in your home.
10. Do they have a "brick and mortar" showroom or office, with a long term lease, and, evidence of "roots" in the community?
Can you afford to take risks with your home or business? Fortunately, you don’t need to do that…
We believe in the products we use, and in our work; we know it will stand the test of time.
We will deliver TRUE VALUE for your dollar spent, not “false economy.”
We DELIVER on what we promise, in a timely, professional manner. We will “get it right” for you.
We believe in the teams standing with us, and behind us. We hope you will as well. Thank you again for your consideration; we appreciate it.
We look forward to your comments, feedback, and, your coming buying decisions; we hope you will consider using our services.
Terms of Payment
Ontario Trade Printers Inc., d.b.a. "Hamilton House Painters" also d.b.a. “hamiltonhousepainters.ca” or "Oasis at Home," or, "OAH," or "oasisathome.com," may hereafter be known as, or referred to as "Hamilton House Painters and RENO TEAM," or "HHP," or, "HHP/OAH," or, "The Contractor." The Purchaser of goods or services may hereafter be referred to as “The Client,” or “The Customer,” or "The Purchaser." Collectively, HHP/OAH and The Purchaser may hereafter be referred to as
The parties agree as follows:
1. SCHEDULING / BOOKING FEE: Hamilton House Painters normally DOES NOT charge any scheduling or booking fees. We do take deposits approximately one to two weeks in advance of work commencing, to ensure the payments clear before work starts. You are free to schedule your service (subject to prevailing weather, etc...) weeks or months in advance. In fact, we encourage you to do this, so that you get the dates you want or need; we do not collect a fee at that time, unless your selected date is within 2 weeks of the project start.
2. PAYMENT TERMS and DEPOSITS:
i) ALL PROJECTS - Except where the work is being booked through a third-party retail partner (does not include job referral websites) through an electronic ordering portal we provide to them, or, through any other means, where all products and services are prepaid in entirety, for projects with a total invoice value of under $1,000.00, a deposit is not required. Payment is due and payable in full upon substantial completion of the work. Immediate payment following work completion is required, notwithstanding any other payment terms noted on the estimate or invoice. "Substantial Completion" is defined herein as the point at which 95% or better of the work has been completed. For projects with a total invoice value between $1,000.01 and $20,000.00, a non-refundable deposit of 50% of the projected value of the invoice is required to be paid at least 7 days in advance of the scheduled work start date. The balance is to be paid immediately upon substantial completion of the work. For projects with a value of $20,000.01 through $50,000.00, a deposit of 30% of the projected value of the final invoice is required to be paid at least 7 days in advance of the scheduled work start date. Thereafter, 15% of the balance is payable one week from the project work start date, and weekly every Friday thereafter until 90% of the projected estimate / invoice total has been paid. The remaining 10% balance is to be paid immediately upon substantial completion of the work. For all projects with a value greater than $50,000.00, a deposit of 20% of the projected project value or final invoice is required to be paid at least 7 days in advance of the scheduled work start date. Thereafter, 10% of the balance is payable one week from the project work start date, and weekly every Friday thereafter until 90% of the projected estimate / invoice total has been paid. The remaining 10% balance is to be paid immediately upon substantial completion of the work.
Alternate written payment terms may be present in estimates or other agreements by the parties, in which case, the alternate written payment terms will prevail.
All deposits or retainers and progress payments are non-refundable, except as otherwise provided for herein (see section 6 below).
These terms of payment are univerally applied to all projects, unless the parties have agreed to alternative payment plans in writng, in which case; all other terms and conditions noted herein would still apply and remain in force.
iii) WORK STOPPAGE: If the work is stopped by the customer for any reason once commenced, or, if the work must be stopped owing to circumstances beyond the control of the contractor (HHP/OAH), or if the client / customer is in breach of any term or condition detailed in this agreement, or, if the client / customer fails to make a payment on-time or is otherwise in breach of payment terms, as specified herein, at the sole discretion of the contractor (HHP/OAH), HHP/OAH can stop all work without notice or penalty, and, remove all of its equipment, materials, chattels, and, materials from the work site, with the full balance of the estimated invoice total being due and payable immediately, by the customer, to HHP.
iv) NON-REFUNDABLE: All deposits and payments are non-refundable, except as otherwise provided for herein. Where porjects or services are booked through our retail partners, through the ordering portal we provide to them or any other means,
the following policies will apply:
i. The full value of any payment(s) and/or deposits made in respect of this work can and will be refunded, if requested by the client, up until a site inspection is performed, as requested or required for the work noted herein. After this time, if a cancellation of this work request / estimate is made by the customer, the customer can and will be refunded the full amount of the payments and contingency deposits paid toward this work request / estimate, less a $260.00 service fee (plus applicable taxes). After the inspection (if one is required or performed), upon a cancellation by the customer, the customer may still request the full remaining balance of any monies paid in respect of this work request / estimate (after the $260 service fee and taxes are deducted), until any work begins, or, until the 7th calendar day (one week) before the work is scheduled to commence. After work has commenced, or, with less than one week of notice, should the customer decide to cancel this work request / estimate, HHP/OAH (the contractor) will be entitled to retain the full amount of any payments and contingency deposits made by the customer in respect of this work request / estimate, at its sole and absolute discretion.
ii. DELAYS: If the scheduled work described in the work request / estimate does not commence within 30 days of the originally scheduled start date, then the customer may cancel the work without notice, and, may request and will receive, a full refund of all payments and contingency deposits made, less any fees (and taxes) for inspections, as provided for above. HHP/OAH (The contractor) shall be at liberty to accept or decline this work request / estimate, or, to cancel the work requested herein, at any time prior to the commencement of the work, without penalty or liability, in which case the full amount of all payments and/or contingency deposits made by the customer in respect of this work request / estimate will be returned to the customer within 14 days of notice of cancellation. All scheduled inspections and work start dates are provisional, and are subject to change by the contractor owing to weather, staff availability, or, other considerations.
3. ADDITIONAL CHARGES may become payable to Hamilton House Painters or Oasis at Home in the event that payment is made late. Such charges may include, but not be limited to:
i. interest, collection fees, legal fees, investigation of tracing costs, disbursements, courier charges, document service fees, court filing fees, land registry search and lien registration fees, etc... the customer agrees to pay these fees and interest in the event that full payment is made in excess of 48 hours following the earlier of completion of the work, or, substantial completion of the work, and where payment has been requested.
ii. If the client pays via credit card or online, or electronically, we reserve the right to charge a "convenience fee" or "costs-recovery fee" at the time the electronic charges are processed.
iii. We charge a fee of $100.00 for any items returned or stopped or not paid by your financial institution, for any reason whatsoever, including "not sufficient funds" / "NSF."
iv. Where you or your credit card company initiate a charge-back, whereby funds already paid to HHP/OAH are challenged or reclaimed for any reason whatsoever, HHP/OAH reserves the right to charge you $1000.00 per occurrence or charge-back, as a service and administration fee, in addition to recovering the funds charged back by the credit card company.
4. ESTIMATED PAINT AND MATERIALS PRICES: where prices have been estimated, the customer will pay to Hamilton House Painters the actual costs for said paints and materials on the final invoice for each PHASE (or project). Hamilton House Painters will provide a copy of the receipts for all materials on request.
5. ALLOWANCES: where "allowances" have been made, or a "Maximum Allowance" has been made in estimates for customers to select particular items or materials of up to a specified cost price, in the event that the customer selects or requests materials or items beyond that cost, the additional cost will be passed on to the customer in the final invoice for each PHASE (or project). There are no refunds on unspent materials "allowances," except at the sole and absolute discretion of Hamilton House Painters.
6. DISHONOURED PAYMENTS: In the event of a dishonoured cheque, or other financial instrument or payment, received from the customer, and payable to Hamilton House Painters, and where such payment is returned by the customer's financial institution or credit card provider for non-sufficient funds, or for a charge-back, stop payment, or for any other reason, a service charge of $100.00 will immediately be payable by the customer, for each and every such occurrence.
7. OWNERSHIP: Hamilton House Painters asserts ownership of all goods and work until payment in full has been made by the customer to the contractor.
8. INTEREST CALULATION: Interest in the amount of thirty percent per annum, compounded monthly, and calculated daily, is due on all overdue accounts payable to Hamilton House Painters (see above under "ADDITIONAL CHARGES.")
9. Payments for contracts with a total value under $10,000.00 may be made online by credit card, Interac Electronic Funds Transfer (eTransfer), PayPal, and by personal or company cheque (with identification), certified cheque, cash, bank draft or money order, or wire transfer. Payments for contracts with a total value over $10,000.00 may be made only by certified cheque, bank draft, money order, or wire transfer only.
10. The customer acknowledges that any / all work performed by HHP on real property, or, structures on real property, may be subject to the placement of a lien by HHP, pursuant to the
Construction Lien Act , R.S.O. 1990, c. C.30,and accordingly, the client acknowledges that HHP shall have a right, and the client explicitly authorizes HHP, to place a lien against said real property for the value of all service and materials supplied to the client (customer).
11. CREDIT ACCOUNTS: Hamilton House Painters does not extend credit terms.
Terms of Sales and Service, and,
1. The Parties
Ontario Trade Printers Inc., d.b.a. "Hamilton House Painters" also d.b.a. “hamiltonhousepainters.ca” or "Oasis at Home," or, "OAH," or "oasisathome.com," may hereafter be known as "Hamilton House Painters and RENO TEAM," or "HHP," or, "HHP/OAH," or, "The Contractor." The Purchaser of goods or services may hereafter be referred to as “The Client,” or “The Customer,” or, "The Purchaser." Collectively, HHP/OAH and The Purchaser may hereafter be referred to as “The Parties.”
The parties agree as follows:
2. Separate Agreement for Painting, Home Renovation, or, Repair Services
Painting, Home Renovation or Repair Services, may be subject to a specific agreement between The Purchaser (Client) and HHP. If such an agreement has been executed by the parties, and, where any conflict may exist, the Renovation or Repair Service Agreement, estimate document, or contract shall take precedence over this document if/where conflicts exist. A conflict on any one area does not render the rest of this agreement null and void; the balance of the terms and conditions herein shall remain in full force.
In the absence of a separate agreement, this document shall constitute the agreement by the parties. Where an estimate or separate agreement is in place, the provisions in that document shall override anything in conflict with provisions herein. Any such estimate or additional agreement does not obviate, waive, or, cancel any other provisions herein, which shall remain in full force and effect, except where found to be unenforceable, or are struck down by a court with jurisdiction.
3. Agreement of Parties
Where the products being purchased by the Client are for physical goods, such as construction materials or components, or for any other product or service whatsoever not governed by a separate agreement or contract between the purchaser (Client) and HHP, known collectively as “the parties,” the following terms and conditions will apply, are stipulated to, and agreed upon by the parties:
4. Shipping, Delivery, or, Project Duration Estimates or Times
i) Shipping times for goods and materials vary and are subject to variety of conditions, and, the policies of retailers, wholesalers, distributors, manufacturers, and, are subject to the availability of the goods. HHP makes no guarantees as to delivery times or availability for any particular goods or services. It is the Client’s responsibility to satisfy themselves as to expected delivery times for goods ordered. Once ordered, all physical products are completely non-refundable unless the goods are not received within 90 days from any expected delivery date, and, only then if a full refund paid by HHP for such products can be obtained by HHP.
ii) Any project duration or completion time estimates provided are ESTIMATES ONLY and represent our "best opinion" to the duration of the project. The actual completion time may vary, and often does. Circumstances beyond our control may alter or dictate completion time, and, conditions on the site, or weather, may also play a factor. We CANNOT GUARANTEE completion of your project at any particular date or time. However, we will make every effort to be as expeditious as possible in completing your project. Any project duration estimates quoted are NON-BINDING, and, are NOT GUARANTEED.
5(a). Included / Not included in Prices & Quotes / Returns of goods
i) Estimates and quotations will always be prepared on a “labour cost only” basis, and, all estimated or actual prices for paint, materials, or other construction products are always separate, and, are NOT included in prices quotes unless otherwise indicated. Taxes are always extra and are not included in estimates or quotations unless otherwise specified. Delivery and/or waste disposal charges (if any) are extra, and will be quoted separately, if requested.
ii) NOTE: If we provide materials based on a scope of work, which changes at the request of the client, we will return the purchased materials, at the request of the client, providing that a commensurate return policy exists with the vendor from whom the materials were purchased.
A minimum value of 20% of the value of the materials will apply for any returns, and will be charged to the client.
If returns for any such materials are not permitted by the vendor, for any reason whatsoever, the client will be billed for the full value of the unused materials. No rebate or refund for unused goods will apply, except as otherwise noted above.
5(b). Permits and Designs
In all cases, it is the responsibility of the client to obtain all necessary electrical, building, plumbing, gas, or Heating / air-conditioning permits, or necessary variances or permissions from municipalities, or, other governing bodies, such as conservation or heritage authorities. While HHP may facilitate, or assist with obtaining all such permits, the client possesses absolute liability and responsibility in ensuring all such permits are issued. HHP assumes no liability herein, and, the client holds HHP as harmless regarding obtaining permits, locates, or other required approvals, before work begins.
5(c). Design Drawings
HHP may be requested by the client to provide design drawings, as prepared by an Ontario Building Code licenced designer, architect, or, engineer, for the purposes of rendering a construction estimate, and, for submission / application for building permit(s). PLEASE NOTE: if HHP has been requested to provide this service, our contract designer will submit the application on the client's behalf, and, will liaise with the municipal authorities for permit issuance. However, there is no guarantee that a permit will be issued by the local authorities, and, the property owner assumes all associated risk therein; it remains the sole responsibility of the property owner to ensure that all necessary permits are in place before any construction work begins. In the event that the municipal authorities request major changes to the submitted drawings, additional charges may apply (the designer will make every attempt to satisfy all building code and other municipal or regulatory requirements prior to submission of drawings, however, not every contingency can be planned for, or, anticipated). The client assumes all risk as regards changes or amendments requested, and, all associated costs therein. Building permit fees charged by any governing body, unless otherwise indicated in our estimate, are NOT included, and will be billed as an extra, if the permits are paid by HHP on behalf of the client. The client is encouraged to pay all such licencing fees directly to the issuing authority.
6. Sales Final
All sales are final. Deposits or partial or progress payments are non-refundable, except at the sole and absolute discretion of HHP/OAH, or as otherwise detailed herein.
6a. PAYMENTS TOWARD ESTIMATES and WORK REQUESTS
Any "work request or estimate" is NOT binding on the contractor, except as described below, until accepted and approved by HHP/OAH (the contractor), or, until the work noted and described herein actually begins, whichever occurs first. Once the work has commenced, the full amount of any estimate is payable, and, any payment made by the customer toward this estimate will be retained the HHP/OAH. All payments and deposits are final, unless otherwise noted in writing.
The full value of any payment(s) and/or deposits made in respect of an estimate or work request can and will be refunded, if requested by the client, up until a site inspection is performed, as requested or required for the work noted. After this time, if a cancellation of a work request / estimate is made by the customer, the customer can and will be refunded the full amount of the payments and contingency deposits paid toward this work request / estimate, less a $260.00 service fee (plus applicable taxes). After the inspection (if one is required or performed), upon a cancellation by the customer, the customer may still request the full remaining balance of any monies paid in respect of this work request / estimate (after the $260 service fee and taxes are deducted), until any work begins, or, until the 7th calendar day (one week) before the work is scheduled to commence. After work has commenced, or, with less than one week of notice, should the customer decide to cancel the work request / estimate, HHP/OAH (the contractor) will be entitled to retain the full amount of any payments and contingency deposits made by the customer in respect of this work request / estimate, at its sole and absolute discretion. If the scheduled work described in the work request / estimate does not commence within 30 days of the originally scheduled start date owing to weather or scheduling issues from the contractor, then the customer may cancel the work without notice, and, may request and will receive, a full refund of all payments and contingency deposits made, less any fees (and taxes) for inspections, as provided for above.
HHP/OAH (The contractor) shall be at liberty to accept or decline any work request / estimate, or, to cancel the work requested, at any time prior to the commencement of the work, without penalty or liability, in which case the full amount of all payments and/or contingency deposits made by the customer in respect of this work request / estimate will be returned to the customer within 14 days of notice of cancellation. All scheduled inspections and work start dates are provisional, and are subject to change by the contractor owing to weather, staff availability, or, other considerations.
7. Proof of Warranty Claim Documentation
THE INVOICE DOCUMENT ISSUED IS BOTH YOUR OFFICIAL INVOICE AND PROOF OF PURCHASE FOR WARRANTY CLAIMS. Please note that no additional invoice will be sent to you. The invoice will serve as your invoice or proof of purchase, and warranty; you will require this document as your proof of purchase for all warranty claims: PLEASE DO NOT LOSE THE INVOICE DOCUMENT. No other document will serve as a proof of purchase; Hamilton House Painters, reserves the right to confirm customer identification before processing any warranty claims. If you have any questions, please ask us before completing your purchase.
i. One Year Labour Warranty:
HHP provides a ONE YEAR warranty on our installation labour and workmanship; for any defects in the construction, installation or application of the materials or products only. We will repair, or replace, at our sole and absolute discretion, any deficiency explicitly caused by a defect in our installation methods or work. This warranty DOES NOT cover any issue with physical products used in the work. We do NOT warranty any paint products. We do NOT warranty any repairs we make, of or to, any cracks in drywall or plaster. The warranty shall be valid for one year from the invoice date of the work performed.
ii. Limitations of Warranty:
The warranty protects against labour installation defect or failure only, unless such a failure or defect is the result, or, as an approximate result of customer-caused damage, environmental conditions, or a defect or defects in the premises, or an Act of God, weather, or force majeur. The Customer will hold as harmless HHP from any other claim or liability. The warranty (if applicable), except where otherwise indicated herein, covers repair labour cost only; no other claims will be honoured or considered valid. HHP's warranty (if applicable), specifically excludes reimbursement, repair, or replacement of any damage caused by the customer, howsoever occasioned, or for any failure of a manufactured product.
iii. Warranty of Used Goods:
All physical products, or construction materials or components sold as "refurbished," "used," "reconditioned," or "demo units," or "re-manufactured," carry NO warranty, and are sold “as is” unless otherwise indicated by written agreement of the parties. Physical products or construction materials sold as new MAY carry a manufacturer’s warranty, for which HHP carries no liability or responsibility to honour. Please ask us concerning your particular item, or, check with the product manufacturer for warranty details.
iv. Warranties on natural building products:
Natural building products, such as wood, particularly pressure-treated wood used for decks and fences, and, posts, will naturally shrink as moisture evaporates out from the wood over time. Additionally, wood will suffer UV damage, and, will "grey" if not properly protected. Also, "green" (not aged) wood, such as the wood commonly used in pressure treated lumber, including "branded" pressure treated lumber, may tend to twist, or warp as it dries and shrinks. Shrinkage of the wood may result in nails or screws pulling out, and/or plank ends twisting or raising form the deck surface, or "cupping" of the wood planks. As such, we cannot warranty the individual boards or planks, or any pressure-treated lumber in general, or any lumber used outdoors. All such products, and, any damage or problems caused to structures caused by wood shrinkage, warping, twisting, cupping, or nails or screws pulling away, are NOT covered by our warranty. However, manufacturer's warranties, may be offered; please check with the product manufacturer for more information.
v. Customer-Supplied Paint:
While we welcome clients to provide their own paints and other products, this can affect a number of performance attributes regarding our warranty. Therefore, in the event that the client elects to provide their own paint, stain, or clear-coat products, or, other "perishable" materials with recommended shelf-lives, or, other items which can be irreparably damaged if improperly handled, the HHP labour warranty for any work completed with those items is NULL and VOID, unless specifically stated otherwise, in writing. Why do we adhere to this policy? Paint, for example, can be damaged if mis-handled. Paint can be overheated, or frozen, which will greatly compromise the product. Paint also deteriorates with age, and, can become contaminated with particulates or other chemicals or substances which can affect the paint quality and safety. Paint can chemically separate over time, and, can become "gummy" or too concentrated, or dried out, if opened - even with the lid closed. In short, we have no way of knowing how customer-supplied paint has been handled, or, what its performance characteristics will be. Additionally, when we supply the paint, we know that we are working with superior grades of paint only. With customer-supplied products, inferior products may be selected, and, we cannot warranty inferior grades of product.
Batteries are inherently dangerous, and, can cause explosions or fires; they are combustible. The Purchaser (CLIENT) acknowledges the risks associated with the use and storage of batteries, and, holds the contractor as harmless with regard to0 any batteries used or stored on or about the client premises in construction or installation projects construction projects, and/or any batteries fitted inside any appliances, light fixtures, or other goods using batteries. Further, any and all batteries, whether sold separately or fitted into other manufactured goods, are specifically excluded from our warranty coverage for goods or materials sold to the Purchaser (CLIENT). However, manufacturer's warranties, may be offered; please check with the product manufacturer for more information.
vii. Bundling or Promotional Special Offers, and, Manufacturer's Warranties on Physical Goods when bundled:
Where more than one item is offered to customers for sale as a "bundle" or, if sold on the same invoice as other "bundled" items or as "compound items," or as multiple items offered for sale at single promotional price point (bundles"), such bundles do not incur or confer any extra or broadly applied warranties, or, change the warranty status of the individual component items. Each individual component item will continue to have and offer its customary manufacturer's warranty (if such is applicable at all), and nothing further. Any warranties for installation or labour service, offered by HHP (The Contractor), only extends to the installation labour and workmanship as defined herein under 8 (i), unless otherwise specifically indicated in writing. Manufacturers of good sold as a component part of a bundle DO NOT extend their warranties to installation labour, or, any third-party provided items, included in any bundle or special or promotional offering offering made by The Contractor. The Purchaser (CLIENT) must satisfy themselves that the performance, or, non-performance, or presence, of any, or collectively all, of the items offered in the bundle will not affect or cause a malfunction or failure of any of the other items included in the bundle, and, the purchaser (CLIENT) hold HHP and the product manufacturer's as harmless and without liability therein, whether installed by HHP or not.
9. Warranty not Transferable
The warranty (if applicable) is not convertible to currency. Please note that the warranty (if applicable) is not transferable, except as may be required by local law, and has no cash surrender value. The warranty-holder is the person or company named on the invoice (the Purchaser / Client).
10. Customer Damage and Acceptance of Products
PLEASE NOTE: ALL customer-caused damage is exempt from warranty provisions. OTHER THAN AS SET FORTH ABOVE, THERE ARE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS, FOR A PARTICULAR PURPOSE.
Unless the Client advises HHP in writing, within 48 hours of the substantial completion of work being performed by HHP, of any defect or deficiency in the work, or quality of the work, The Purchaser (CLIENT) will be deemed to have accepted the quality and sufficiency the work, materials, goods, work product, or repairs, except insofar as deficiencies or defects which are covered by the warranty on installation labour become known at a later date; the maximum warranty period for all such claims being one year from the date of invoice for the work performed.
11(a). Limitations on Liability
IN NO EVENT SHALL HHP, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR ANY OF THE OFFICERS,DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES OF THE FOREGOING BE LIABLE TO PURCHASER (CLIENT), ANY OF ITS AFFILIATES OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WORK PRODUCT, REPAIRS, RENOVATIONS, GOODS , OR SERVICES, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE. IN NO EVENT WILL HHP’S LIABILITY FOR ANY DAMAGES TO PURCHASER (CLIENT), ITS AFFILIATES OR ANY THIRD PARTY EVER EXCEED THE PURCHASE PRICE PAID BY PURCHASER (CLIENT) TO HHP FOR THE GOODS OR SERVICES.
11(b). Property damage with respect to exterior work
When performing exterior work in general, or landscaping work, it may be necessary or advantageous (at our discretion) for heavy and/or dirty materials or tools, or, heavy equipment, or, bucket trucks, or man-lifts, or ladders, or scaffolding to traverse or be set up, or be used, on your property. Additionally, our personnel may cross the property dozens or hundreds of times on foot, or with loads such as wheelbarrows, during the course of the installation. It is not only likely, but almost inevitable, that damage to your lawn, gardens, paver stones, sidewalks, driveways, etc... will occur. This may include oil or fuel leaks (or other fluids) dripping on driveways, ornamental plants or fixtures, from service vehicles or equipment. Damage to structures or otherwise to the property may occur during the use of heavy equipment, or ladders, or man-lifts, or bucket lifts. Naturally, we do our best to be careful to mitigate damage, but with this type of work, it will happen. We strongly urge you to remove or store or cover any valuable elements or plants or fixtures prior to our arrival. And, if you have a particular concern, discuss it with our crew leader to see if there are any extra protective measures which can be taken, before we start the work. Notwithstanding this, you will hold us as harmless from any damage caused; you assume all liability and costs for any damage, howsoever caused. You, the client, holds HHP as harmless in regard to any oil or other fluids, leaked onto customer driveways, pathways, sidewalks, or other surfaces, by vehicles belonging to HHP, its agents, vendors, or sub-contractors, or, delivery vehicles hired by HHP from third-parties, while on the client's property. At the direction of the client, we will move passenger vehicles off the property, providing that there is no-charge parking available within 200 meters of the client property. If no such parking is available, the client will either pay for any necessary off-site parking, or make arrangements for such, for the term of the project. If the client insists that equipment integral to the job be removed from the property, this may impact our ability to service the client, or, fulfill any work order or estimate undertaken or underway. In such a case, we reserve the right to charge a fee to cover our costs and/or lost profits.
11(c). Damage caused by interior work
We take normal precautions, such as the use of drop cloths, plastic masking, etc... to prevent damage to the interior of properties as we work. However, the work we do is inherently messy, and generates a great deal of particulates; paint overspray, splashes, and particles, drywall compound particles, sawdust, etc... these particles tend to travel and infiltrate throughout all interiors surfaces, and, into ventilation, AC, and, furnace ducts, etc... While we do our best to control this, some particulate infiltration is going to occur. As such, we STRONGLY RECOMMEND that all plush or soft surfaces or goods, such as clothing, bedding, plush chairs or couches, draperies, linens, soft toys, etc... be removed into storage prior to our arrival. Again, we cover flooring to protect it, however, damage will sometimes occur. For example, in some rare instances, flooring reacts badly to masking tape, and, can be damaged when the tape is removed. We STRONGLY recommend that any valuables, and all delicate goods or chattels be removed and stored prior to our service. If you have particular concerns, please speak to our crew leader on the first day or service. We take no responsibility for incidental damages caused to the property, or goods on the property, during the course of our service, and the client holds us as harmless in this respect.
11(d). Site preparation and access to facilities and services
i. Please clear away any clutter or obstacles in our path from the delivery site to the installation site. Please make sure the proposed installation site is as clean and clear of debris as possible; any time we spend clearing a path to gain access will be billed to you as an extra service. For interior work, please ensure all walls are free of any pictures, sconces, drapery rods, or other attached items, and, that all belongings or goods are stacked in the centre of any room, with at least 4 feet of clearance to all walls.
ii. We will provide a "general tidy up" at the installation site and materials delivery location. This is not meant to suggest that we will be able to remove every last scrap of dirt, or, stone, or, dust from your driveway; you will likely need to provide a "washing down" with a hose after we have left. We WILL remove all waste materials, leftover or unused construction materials, and, packaging. We will perform a quick sweep up - in dry weather, or, as we can. This should not be construed as, or replace, a comprehensive site cleaning, which will likely be required. If you would like to hire us for this service, please ask.
iii. The Ministry of labour and the Ontario Health and Safety Act requires that we provide toilet facilities to workers on construction sites. As it is not practical, or, economical for us to bring portable toilets to every home we service (and you would doubtless not want to pay for this, or, to have a "porta-potty" (chemical toilet) on your front lawn, we require that the client make toilet facilities available to our crews as a condition of the service. If/where possible, providing there are public washrooms nearby, at a restaurant or other publicly accessible building, in some cases we will be able to use those facilities, or, primarily use those facilities, but, please plan on making a convenient toilet / bathroom in the home available to the crew, if required. If toilet facilities are not provided or available, and, we are ordered by the Ministry of Labour to locate a portable toilet on the site, this will be done at the client’s sole expense, or, if our crew is required to travel to a toilet, causing additional labour costs and mileage, the client will be billed accordingly.
iv. We will (at our discretion) require access to power, heat, light, and, water services while working on the property. Please provide these utilities and have them available for the crew upon our arrival, or, otherwise as required. If such service are not available, and, we are required to provide these services in the form of generators, lights, water tanks, portable heaters, etc... additional charges will apply, which will be billed to the client.
vi. During any installation, we will likely need to traverse your lawn, garden or property. Please remove or cover and protect any expensive ornamental items or other valuables, for safekeeping. Please understand; while we do our best to minimize damage, having tradespeople, and heavy or bulky materials and equipment moving across your property, dozens or hundreds of times during a project or installation can cause damage to the lawn, or, your garden, despite our care. Unfortunately, sometimes this is unavoidable; any damaged caused is at the client's risk and expense; you hold HHP as harmless in this regard. If you have a particular concern, please speak to the crew chief on site.
vii. With this in mind, and, to help us minimize the impact to your property, and, to help you avoid unnecessary additional costs, please clear away any clutter or obstacles in our path from the delivery site to the installation site. Please make sure the proposed installation site is as clean and clear of debris as possible.
viii. Under NO CIRCUMSTANCES is our crew permitted to use any of your tools or equipment - with or without your permission while working on your property. Please do not offer or allow the crew the use of your tools; everything they may need is available to them through our office. In the event you offer or allow our tradespeople to use your tools or equipment, you assume all liability therein for all damages howsoever occasioned, and, you hold HHP as harmless and without liability therein.
ix. Please ensure all ingress and egress routes to the installation site are clear, with at least a 42” wide pathway for our crews and equipment to pass through. Please remove vehicles or any belongings obstructing the route – and to prevent damages to same. We assume no responsibility or liability for vehicles or property left in the vicinity of the service area / installation site. If we are accessing your property via your driveway, we strongly urge you to park your vehicles inside a closed garage, or, on the street nearby – but off the driveway. Please ensure that any foliage impeding our access is cut back if necessary, and, that gates in fences are not locked. If we are required to correct access issues, or, cut out fence sections, etc… to access the installation site, or, if we are delayed while waiting for this to occur, additional charges my apply.
x. Prior to our arrival, please secure your pets or livestock in their pens / barns / or inside your home, to prevent injury to our crews, or, to your animals. Any delays in the project caused by the presence of animals will be billed to the client accordingly.
12. If we must pass through, or over, your neighbour’s property, or, municipal property, or any property you do not own or occupy, we will require a written permission from the property owner, allowing us to use the property for the purposes of your project or installation, ONE WEEK IN ADVANCE of our first day of work at your property. We will require this proof of permission (a signed contractor access permission form) ONE WEEK before we can start any work involving crossing the affected property. Please ask us for a CONTRACTOR ACCESS PERMISSION document. Any delays caused by a lack of permission will result in additional charges being levied to the client.
12(a). Termination on Contingency
This contract will be terminated automatically with respect to the delivery of, or payment for, any Goods or Services not yet delivered when any of following contingencies occur: Shutdown of Purchaser (CLIENT)’s or HHP’s business; and any formal, informal, voluntary, or involuntary action, whether conducted privately or in court, by either party resulting in the surrender of any substantial degree of business management, or private property or holdings, for the benefit of creditors, or, by force majeur, or an act of God. In such a case, the client will pay for the pro-rated portion of the services and/or materials delivered to date.
12(b). Termination of project after project commencement by client
If the work is stopped by the customer for any reason once commenced, or, if the work must be stopped owing to circumstances beyond the control of the contractor (HHP), or if the client / customer is in breach of any term or condition detailed in this agreement, or, if the client / customer fails to make a payment on-time or is otherwise in breach of payment terms, as specified herein, at the sole discretion of the contractor (HHP), HHP can stop all work without notice or penalty, and, remove all of its equipment, materials, chattels, and, materials from the work site, with the full balance of the estimated invoice total being due and payable immediately by the customer, to HHP.
This transaction will be governed by the laws of the province of Ontario, Canada, and will be subject to the authority of the Ontario courts. The Parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such court or any suit, action or procedure arising out of this Agreement. All cases will be heard in the appropriate division of the Superior Court located in Hamilton, Ontario.
14. Ownership of Goods and chattels, AND, storage of contractor-owned goods
i) Hamilton House Painters retains clear ownership and title to all goods, chattels, and services performed, shipped, built, installed, or incorporated into the work, until the full invoice amount has been settled. All invoices are “cash on delivery,” and are payable in advance, or upon substantial completion of the work to be performed (as noted under TERMS OF PAYMENT), or upon the delivery of the goods. Where goods or services are not pre-paid or where credit has been extended in writing, all accounts must be settled within 14 days of the invoice date, unless otherwise agreed upon by the parties in writing. All overdue accounts will be subject to interest charges, at the rate of 30% per annum, calculated and billed monthly. Hamilton House Painters reserves the right to recover from The Client any and all costs, including but not limited to legal fees, filing fees, attorney fees, courier, investigation, registry fees, document reproduction, and any such other costs incurred in satisfying the invoiced amounts owing, or in recovering its property. Any payments made by The Client, and/or any instruments of payment submitted to HHP by The Client, and which are returned by The Client’s financial institution of conveyor unpaid for any reason, shall be subject to an additional fee being levied, for additional handling and collection, in the amount of $100.00 per occurrence.
ii) The parties agree that the contractor, or the contractor's sub-contractors or employees, in the course of fulfilling any agreement between the parties to provide painting or renovation (or other) services, may find it convenient, or, be required or find it expeditious to store or locate hand tools, power tools, supplies, construction materials, vehicles, trailers, ladders, scaffolding, man-lifts, heavy equipment, or other such goods and chattels belonging to the contractor (HHP), the contractor's sub-contractors, or, employees at the work-site (Hereafter known as the Contractor's goods and chattels). The client hereby consents to the storage or location of all such items which are necessary to complete the contracted work. The client further covenants that a duty of care exists between the client and the contractor whereby the client is responsible to care for, and secure, the contractors goods and chattels located at the client's work site / property. Furthermore, the client warrants that sufficient security is, or will be, put in place to safeguard the contractor's goods and chattels. Moreover, the client covenants that appropriate insurance coverage is in place to cover any loss suffered by the contractor for the goods and chattels, or, that the client has sufficient financial resources to indemnify the contractor in the event of any loss or damage, for any reason whatsoever, except for reasonable "wear and tear" or damage or loss directly caused by the contractor's employees, agents or sub-contractors, which may occur while the goods and chattels are located on the client's site. The contractor will remove all goods and chattels from the client's site within 30 days of the completion of any project or scope of work.
15. Costs of Action
In the event the Purchaser (CLIENT) in any manner defaults or breaches the terms and conditions of this Agreement, or threatens to do same, or in the event it becomes necessary for HHP to employ an attorney to enforce any provision of this Agreement, obtain injunctive relief, collect damages on account of a breach or threatened breach of this Agreement, or if HHP prevails in a tort action commenced by The Purchaser (CLIENT) against HHP, The Purchaser (CLIENT) shall reimburse HHP for HHP's attorney fees, court costs, collection costs, paralegal fees, process serving, courier and mail, skip tracing, private investigation fees, document reproduction fees, and/or all other out-of-pocket fees or expenses associated with collecting any amounts, debts, goods, or judgments owing or payable to HHP by the Purchaser (CLIENT).
16. Changes to Pricing, Service Terms, and Warranty
HHP reserves the right to alter our pricing, service and warranty terms from time to time, without notice, and as may be permitted by law. It is the Purchaser's (CLIENT's) responsibility to make themselves familiar with existing pricing, terms of sale, service terms and conditions, and warranty terms, in advance of any new purchase or service request.
17 (a). Refusal of Service or Orders
HHP reserves the right, at our sole and absolute discretion, and without limitation, to refuse to accept or fulfill any order or request for service we receive.
17 (b). No Hire / No Deal Provisions
The client will NOT attempt to hire or retain, or offer to hire or retain, contract with, or in any other way deal with or contract with the sub-contractors, tradesmen, agents, consultants, or, employees of Hamilton House Painters who are involved, in any way whatsoever, with the project contemplated, estimated by HHP, described in an estimate or proposal to the client, undertaken for the client by HHP, or, any subsequent project commissioned by the client, for a period of three years from the date of the last service by HHP for the client. In the event that the client attempts to hire or contract with any of HHP's tradesmen, sub-contractors, agents, or employees, Hamilton House Painters reserves the right to immediately discontinue service to the client, whether the specified work is complete or not, retaining any funds or deposits paid by the client, and, receive in payment the full amount of any unpaid balance owing on any estimate or work order undertaken or commenced, and, Hamilton House Painters in entitled to receive an additional payment from the client of $5,000.00, per occurrence or per day, per employee or person described herein, hired by the client, or where the client hires, or, offers to hire, or contracts with one of Hamilton House Painters agents, employees, tradesmen, or sub-contractors, as noted above, for any service with a value greater than $20.00 (twenty dollars in Canadian funds), in total and aggregate, which amount shall be exempt from this provision. Any such payments due to HHP are to be immediate.
17 (c). Gifts / Gratuities
The client shall not offer to any of HHP's sub-contractors, tradesmen, agents, or, employees, any gratuity, gift, tip, or financial consideration with a value greater than $20.00 (twenty dollars Canadian).
18. Additional Indemnification
The Purchaser (CLIENT) shall indemnify and hold HHP, its parents, subsidiaries, affiliates and all officers, directors, employees and representatives of the foregoing free and harmless from any and all claims, demands, loss, financial loss, damages, liability or expenses, including reasonable attorney’s and court fees, resulting from:
(i) the injury to, or death of, any person or persons,
(ii) damage to property of any person relating to the Goods or services purchased,
(iii) damage, theft, degradation, loss of use, or, other loss associated with goods or materials to be used during any installation or project at the client's premises, whether such goods or materials, are owned by a third-party vendor, The Contractor, or, The Client, and which goods might include building materials, manufactured or assembled goods, tools or equipment, supplies, vehicles, garbage bins, structures, or otherwise, and, where such goods or materials have been delivered to the client premises to service a project, installation, or construction pursuant to an agreement between The Contractor and The Client, and, from the moment of delivery to the client's premises howsoever such a delivery was effected, even if by a third-party, and whether or not The Client or a representative of The Client has acknowledged or "signed for" such a delivery,
hereunder, which injury or damage or loss is caused by, or arises out of, the negligence or lack of care of the Purchaser (CLIENT), and/or, the improper installation of the Goods by the Purchaser (CLIENT) or its agents, and/or the condition of Purchaser (CLIENT)’s property, and/or, a failure by the Purchaser (CLIENT) to safely secure the Goods or materials entrusted to the care or control of the Purchaser (CLIENT).
The failure of either party to insist in any one or more instances upon performance of any of the provisions of this agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights, and the same shall constitute and remain in full force and effect. No single or partial exercise by either party of any right or remedy shall preclude other or further exercise thereof, or the exercise of any other right or remedy. Waiver shall not constitute or be construed as a continuing waiver or a waiver of any other breach of any other provision of this Agreement.
20. Binding Effect
The provisions of this Agreement shall be binding upon and shall inure to the benefit of both parties and their respective successors and assigns.
This Agreement cannot and shall not be assigned or transferred, by operation of law or otherwise, without the express prior written consent of the other parties hereto.
22. Parties In Interest
Nothing express or implied herein is intended, or shall be construed to confer upon any person or entity other than the parties hereto any rights or remedies hereunder.
Headings in this Agreement are for convenience only and should not be used to interpret or construe the provisions thereunder.
24. Singular and Plural
Unless the context requires otherwise, wherever used herein, the singular shall include the plural and vice versa and the user of one gender shall denote the others where appropriate.
If any part, term or provision of this Agreement shall be determined by any court to be invalid or unenforceable, all of the remaining provisions nevertheless shall remain valid and effective as it is the intention of the parties that each provision hereof is being agreed upon separately.
26. Entire Agreement
This Agreement constitutes the entire agreement of the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, including, without limitation, any representations and understandings of the parties, both written and oral, other than as expressly referenced herein, and where appropriate, delivered at closing. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and which specifically refers to this Agreement and states that an amendment or modification is being made in the respects as set forth in such instrument and is made by the parties hereto.
BY SUBMITTING AN ORDER ON OUR WEBSITE, BY REQUESTING OR ALLOWING THAT WORK BE COMMENCED EITHER VERBALLY, BY EMAIL, SMS TEXT, IN WRITING, OR BY ANY OTHER MEANS AS NOTED BELOW, THE PURCHASER (CLIENT) AGREES TO BE BOUND BY AND TO THIS AGREEMENT, AND THE TERMS AND CONDITIONS CONTAINED HEREIN, and, ALL TERMS AND CONDITIONAL AS MAY BE APPLICABLE IN ANY ESTIMATE GIVEN TO THE CLIENT BY HHP IN ADVANCE OF THE WORK BEING PERFORMED.
NOTE: The terms and conditions contained in any estimate provided by HHP to the client, and those contained herein, shall form the contract and agreement, and, "meeting of minds" between the parties.
The estimate shall be considered ACCEPTED and AGREED UPON by the client, and will therefore form a contract and agreement, upon the occurrence of any one of the following:
1. Acceptance in writing by the client of an estimate, or,
2. Acceptance by email by the client of an estimate, or,
3. Acceptance by the client, by any electronic means, or in person, even if by voice or SMS text, of an estimate, or,
4. Signing of an estimate by the client, or,
5. Any by other means,
1. Commencement of any work by HHP at the client's premises, or,
2. Acceptance of the job by HHP, in writing, or by email, or,
3. Intentional acceptance of payment by HHP, with written confirmation or receipt of same being provided to the client.
NOTE: the job or project detailed in any estimate shall not be deemed to be accepted by HHP, and is therefore not a contract, until such time as HHP begins work at the client's site, or, otherwise agrees to undertake the work detailed herein, by a means as noted above.
NOTE: Terms and conditions found in any estimate or sales order provided by HHP to the client shall supersede, and take precedence over, the terms and conditions located herein. In the case or cases of a conflict, the terms and conditions of the estimate or sales order shall take precedence.
This document was last revised on: February 08, 2019.
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