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 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 a painter, 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 painting, or 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
1. SCHEDULING / BOOKING FEE: Hamilton House Painters normally DOES NOT charge any scheduling or booking fees. We do take deposits approxinately one week in advance of work commencing, to ensure the payments clear before work starts.
2. PAYMENT TERMS and DEPOSITS:
i) PAINTING ONLY CONTRACTS / PROJECTS - for these 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 painting 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 5 days in advance of the scheduled work start date. The balance is to be paid immediately upon substantial completion of the work. For painting projects exceeding $20,000.00 in value, a deposit of 20% of the projected value of the invoice is required to be paid at least 5 days in advance of the scheduled work start date. Thereafter, 10% of the balance is payable one week from the project work start date until 90% of the projected invoice total has been paid. The remaining 10% balance is to be paid immediately upon substantial completion of the work. All deposits and progress payments are non-refundable. 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) the full balance of the estimated invoice total is due and payable immediately, less the value of any materials which have not yet been purchased by the contractor (HHP).
ii) RENOVATION ONLY PROJECTS or MIXED RENOVATION AND PAINTING PROJECTS - for all such projects with a total invoice value 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 above on this estimate or invoice.
"Substantial Completion" is defined herein as the point at which 95% or better of the work has been completed. For renovation 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 5 days in advance of the scheduled work start date. The balance is to be paid immediately upon substantial completion of the work. For renovation projects exceeding $20,000.00 in value, a deposit of 20% of the projected value of the invoice is required to be paid at least 5 days in advance of the scheduled work start date. Thereafter, 10% of the balance is payable one week following the project work start date, and each week thereafter, until 90% of the projected invoice total has been paid. The remaining 10% balance is to be paid immediately upon substantial completion of the work, unless otherwise negotiated by the parties, in writing.
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) the full balance of the estimated invoice total is due and payable immediately, less the value of any materials which have not yet been purchased by the contractor (HHP).
iv) NON-REFUNDABLE: All deposits and payments are non-refundable.
3. ADDITIONAL CHARGES may become payable to Hamilton House Painters in the event that payment is made late. Such charges may include, but not be limited to:
i. Interest charged at 30 percent per annum, compounded monthly, collection fees, legal fees, investigation of tracing costs, disbursements, courier charges, document service fees, court filing fees, 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 by your financial institution, for any reason whatsoever, including "not sufficient funds" or NSF.
iv. Where you or your credit card company initiate a charge-back, whereby funds already paid to HHP are challenged or reclaimed for any reason whatsoever, HHP reseves the righto to charge you $1000.00 per occurrence or charge-back, 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.
8. INTEREST: Interest in the amount of thirty percent per annum, compounded monthly, 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.
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.
1. The Parties
Hamilton House Painters also d.b.a. “www.hamiltonhousepainters.ca” may hereafter be known as "Hamilton House Painters," or "HHP:" The Purchaser of goods or services may hereafter be referred to as The “Client,” or“Customer.” Collectively, HHP and The Purchaser may hereafter be referred to as“The Parties.”
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.
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 charges (if any) are extra, and will be quoted separately.
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 has absolute liability in ensuring all such permits are issued. HHP assumes no liability herein, and, the client holds HHP as harmless regarding obtaining permits 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, 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.
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.
HHP provides a ONE YEAR warranty on our installation labour; for any defects in the installation or application of the product 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.
The warranty protects against labour installation defect or failure only. 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.
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.
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.
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 landscaping work, it is necessary for heavy and dirty materials, and, heavy equipment to traverse your property many times. Additionally, our personnel may cross the property dozens or hundreds of times during the course of the installation. It is not only likely, but inevitable, that damage to your lawn, gardens, paver stones, sidewalks, driveways, including oil or other fluids on driveways from service vehicles, ornamental plants or fixtures, will occur. 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. Notwithstanding this, you will hold us as harmless from any damage caused; you assume all liabiltiy and costs for any damage, howsoever caused.
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 responsbility 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 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" 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 you have requested "extra" or "specialty work" outside of that included in the JACUZZI / HHP ordering portal, you will be contact by HHP directly, and, will receive a second estimate from HHP directly for that "extra" or "specialty work."
iv. We will need access to power, 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.
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.
12(b). Termination of project after project commencement by client
If the work is stopped by the customer for any reason whatsoever, or for any circumstances beyond the control of the contractor once work has commenced, the full balance of the estimated invoice total is due and payable immediately, by the client to the contractor, less the value of any materials which have not yet been purchased / paid for, but including the cost of any materials already ordered for the job by the contractor.
This transaction will be governed by the laws of the province of British Columbia, Canada,and will be subject to the authority of the British Columbia 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.
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, agent, or, employees or Hamilton House Painters who are involved, in any way whatsoever, with the project described herein, 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/or, Hamilton House Painters in entitled to receive an additional payment from the client of $5,000.00, per occurrence, 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.
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).
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, liability or expenses, including reasonable attorney’s and court fees, resulting from:
(i) the injury to, or death of, any person or persons, and/or,
(ii) damage to property of any person relating to the Goods or services purchased,
hereunder which injury or damage is caused by or arises out of the negligence of Purchaser (CLIENT), the improper installation of the Goods by the Purchaser(CLIENT) or its agents, or the condition of Purchaser (CLIENT)’s property.
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 interpretor construe the provisions there under.
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.
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 condition found in any estimate provided by HHP to the client shall supersede, and take precedence over, the terms and conditions located herein.
This document was last revised on: August 18, 2018.