AGREEMENT TERMS AND CONDITIONS 

Authorization.

“You” means the customer set forth on the Estimate for Installation and any attached or Incorporated documents (collectively, the “Agreement”). You authorize NailedIt! Renovations (the “Service Provider”) to provide the installation of goods and services specified in this Estimate or Invoice (the “Installation”) at the cost as detailed; 2) to inspect the Installation and 3) to pay the balance due to NailedIt! Renovations at the outlined milestone schedule or when the Installation is complete.

Installation Information.

You acknowledge that NailedIt! Renovations will arrange for the Installation to be performed by the Service Provider and Sub-Contractors where required. The Installation is limited to the description of work in this Agreement. It does not include any changes to Your electrical, gas or plumbing systems unless specifically noted. NailedIt! Renovations will arrange for an independent Structural Engineering review should there be any changes to the potential structure of any dwelling. NailedIt! Renovations will abide by the findings and follow the instructions of the Structural Engineer. You understand the expected delivery date in this Agreement is an approximate date and is subject to change. NailedIt! Renovations is not responsible for any delays in the Installation caused by unavailability of materials, manufacturing’s delay, the funding of any home improvement loans, changes or alterations in the work requested by You or required by applicable law, or resulting from incorrect information or measurements supplied by You, Your failure to do those things required of You under this Agreement, Your acts of negligence, acts of God, weather, fire, strikes, war, government regulations or any causes beyond the control NailedIt! Renovations. If you have claims against NailedIt! Renovations or subcontractors for problems or defects arising out of this Agreement or the Installation, You agree to give NailedIt! Renovations written notice within ten (10) days of their first occurrence or Your first being aware of such problem or defect.

Responsibilities of the NailedIt! Renovations.

NailedIt! Renovations will complete the installation in a workmanlike manner and in accordance with all applicable laws, codes and ordinances. However, NailedIt! Renovations is under no obligation to begin or complete the Installation if it cannot be performed in accordance with applicable laws, codes and ordinances. NailedIt! Renovations may, at Your request, perform additional work to comply with applicable laws, codes and ordinances, subject to Your prior written approval and for an additional fee to be paid to NailedIt! Renovations. You agree that NailedIt! Renovations has no responsibility for any injuries or damages caused to You, directly or indirectly by the NailedIt! Renovations or Subcontractors or the Installation. The manufacturer of the goods is responsible for problems with the goods themselves. NailedIt! Renovations’ responsibility is limited to the Installation warranty described below (see “Warranty” section).

Your Responsibilities.

You agree to pay NailedIt! Renovations for the Installation according to the terms of the Estimate. If Your property is subject to any covenants and/or other restrictions that may affect the installation, You agree to let NailedIt! Renovations know about them before the Installation. You agree to give NailedIt! Renovations access to the work areas during working hours and to make drinking water and sanitary facilities available to NailedIt! Renovations or Subcontractors or pay the rental costs. You agree to provide power to, and, as applicable, climate control in, work areas. You agree not to allow unattended minors or any persons under eighteen years of age on Your property or in or near work areas while the NailedIt! Renovations or Subcontractor is present. Pets must be kept under control and away from work areas. Permits posted by NailedIt! Renovations must be displayed at all times. You agree not to ask NailedIt! Renovations to perform work without a permit if one is required. You agree that if You or anyone You control interferes with or delays the Installation, You may be subject to storage fees or other resulting charges. You agree any claims against NailedIt! Renovations for problems or defects regarding the Installation must be made to NailedIt! Renovations in writing within ten days of the date You first became aware of them. You agree not to assign or transfer this Agreement. You assume the risk and full liability of assisting NailedIt! Renovations with any work You performed in connection with the delivery of materials or with the Installation.

Permits & Inspections.

NailedIt! Renovations will make all reasonable efforts to obtain all construction permits and licenses unless otherwise agreed to by You in writing. You will assist the Service Provider, when necessary, in obtaining such permits and licenses. You are responsible for all governmental charges, inspection fees and other fees and amounts payable to the government authorities, regulators and agencies, as applicable, necessary for the Agreement. The Service Provider may, at the request of You, arrange for all such inspections to occur if required, subject to payment by You of an additional fee to be agreed upon by You and the Service Provider. The Service Provider will give all notices and comply with all laws and regulations applicable to furnishing and performance of the Agreement.

Payment.

You are responsible for compliance with all NailedIt! Renovations payment procedures. NailedIt! Renovations is not obligated to commence the Installation until this Estimate with associated Terms and Conditions has been signed by You. It is Your obligation to provide payment to NailedIt! Renovations upon completion of each Milestone. You agree to pay interest of 2% per month compounded on all Your accounts not paid when due. Minor deficiencies will be rectified and do not give You the right to hold back any payment unless agreed to in writing by both parties.

Taxes.

The Goods and Services tax rate charged herein is based on information You provided to NailedIt! Renovations. Should such information change, You shall reimburse NailedIt! Renovations for any additional taxes due to the appropriate governmental authority due to the aforementioned changes.

Construction or Mechanic’s Liens. 

If You make all payments as required under this Agreement, no lien or other security interest will be placed against Your property by NailedIt! Renovations. If a security interest is placed on Your property by another party, it creates a mortgage, lien or other claim against Your property to secure payment and may cause a loss of Your property if You fail to pay. In such a case, You may want to consult a lawyer about Your rights to discharge any security interest.

Changes.

Any changes to the Installation’s original scope will require You and NailedIt! Renovations to first sign a Change Order that will become part of this Agreement. Any Change Order must (i) be clear in scope; (ii) specify any additional payment(s) You will have to make; and (iii) specify any change in the anticipated finish date. Hidden conditions that could not have been reasonably determined at the time of inspection at Your property, or conditions differing from what You represented, may entitle NailedIt! Renovations to discontinue the Installation without further obligation to You or ask for a Change Order. If You decide not to make any requested changes, You or NailedIt! Renovations may terminate this Agreement as set forth below.

Drawings.

NailedIt! Renovations drawings are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Design services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project. NailedIt! Renovations shall be held harmless for relying on the accuracy of information provided by You. Project drawings cannot be used by You for any purpose other than completion of the Project by NailedIt! Renovations as laid out in this Agreement.

Warranty and Handling.

NailedIt! Renovations warrants the workmanship of the Installation for six months from its completion date. NailedIt! Renovations will repair, at no charge to You, any defects due to faulty workmanship appearing during the six month period. NailedIt! Renovations’ warranty does not cover damage caused by improper use, improper cleaning, abuse or neglect. Products and materials are covered exclusively by the manufacturer’s warranty, if any, NailedIt! Renovations will help You with warranty claims against manufacturers. These are the only warranties provided by NailedIt! Renovations. Any others either expressly stated or implied, are not valid. There is no warranty that hardwood, vinyl or laminate will not creak or snap. All flooring is subject to fading depending on the intensity of sunlight and this is not a manufacturers’ defect.

Costs and Expenses.

If NailedIt! Renovations incurs any costs or expenses to enforce any of its rights under this Agreement or to collect any amounts due, You agree to reimburse NailedIt! Renovations for all such costs and expenses, including legal fees on a substantial indemnity basis.

Your Rights under the Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends (10) ten days after the day You receive a written copy of the agreement You do not need to give NailedIt! Renovations a reason for canceling during this 10-day period.

If NailedIt! Renovations (the “Service Provider”) does not begin performance on his, her or its obligations within 30 days after the commencement  specified  in this  agreement,  You may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30 day period has expired, You agree to accept delivery or authorize commencement of performance.

If the delivery or commencement date is not specified in this agreement and the Service Provider does not deliver or commence performance within 30 days after the date this agreement is entered into, You may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30- day period has expired, You agree to accept delivery or authorize commencement of performance.

In addition, there are other grounds that allow You to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, You may contact the Ministry of Consumer and Business Services.

To cancel this agreement, You must give notice of cancellation to the Service Provider, at the address set out in the agreement, by means that allow You to prove the date on which You gave notice. If no address is set out in the agreement use any address of the Service Provider that is on record with the Government of British Columbia or the Government of Canada or is known to you.

However, if You cancel this agreement after having solicited the goods and services from the Service Provider and having requested that delivery be made or performance be commenced within (10) days after the date of this agreement is entered into, the Service Provider is entitled to reasonable compensation for the goods and services that You received before the earlier of the 11th day after the date this agreement was entered into and the date on which You have notice of cancellation to the Service Provider’s address, except goods that can be repossessed or returned to the Service Provider.

If the Service Provider requests in writing repossession of any goods that came into Your possession under the agreement You must return the goods to the Service Provider’s address, or allow one of the following persons to repossess the goods at Your address:

The Service Provider, or A person designated in writing by the Service Provider

If You cancel this agreement, You must take reasonable care of any goods that came into Your possession under the agreement until one of the following happens:

·       The Service Provider repossesses the goods.

·       The Service Provider has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since agreement was cancelled.

·       You return the goods

·       The Service Provider directs You in writing to destroy the goods and You do so in accordance with the Service Provider's instructions

Returns: 

Special order returns are subject to a 25% restocking charge. Custom ordered products such as cabinetry, countertops, flooring, roofing, windows, doors and window treatments are non-refundable and their purchase price cannot be refunded. Products that have been installed cannot be refunded. A copy of this Estimate and Agreement must be presented to NailedIt! Renovations at the time of any and all returns.

Acceptance of Sub-Floor, Floor Preparation & Extras.

Once the existing flooring is removed and the subfloor condition is revealed, any subfloor preparation required will be reported and quoted for approval before work is started. Any additional labour cost incurred by NailedIt! Renovations for items and tasks that were agreed to be performed by the Customer will be charged at our regular rate as an extra charge.

Seams.

Seams are a necessary part of most installations, and their visibility is dependent on the nature of the product. Without written directions from You, seam locations will be decided by NailedIt! Renovations.

Photography Release.

Client Authorization and Release Information

You authorize NailedIt! Renovations to use your name, photographs, brief biographical information, any reviews as defined on this form. You irrevocably authorized NailedIt! Renovations to copy, exhibit, publish or distribute any reviews for the purpose of publicizing or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites or in any other distribution media. You agree that You will make no monetary or other claim against NailedIt! Renovations for the use of such statements. In addition, You waive any right to inspect or approve the finished product including written copy wherein your likeness or your review appears. You agree to hold harmless and release NailedIt! Renovations from all claims, demands and causes of action in which You, Your heirs, representatives, executioners, administrators or any other persons acting on Your behalf or on the behalf of Your state have or may have by any reason of authorization. You acknowledge that You have read this authorization and release information and gives Your consent for the uses indicated above.

Work Site and Clean-Up.

NailedIt! Renovations agrees to keep the site orderly and reasonably free of debris. At the completion of the project the Service Provider shall broom sweep the property and leave it fit for use. A professional clean is not included unless identified in the estimate. All equipment, materials, rubbish, and similar materials incidental to the project shall be removed by the Service Provider.

You accept that there may be inconveniences from time to time, and NailedIt! Renovations agrees to keep such inconveniences to a reasonable minimum. It is the responsibility of You to take reasonable steps to provide a work free area of household obstructions, and to remove or protect household items in areas where it may be reasonably anticipated by you that they may be subject to dust damage or vibrations.

Default by NailedIt! Renovations Limitation of Liability.

In the event that NailedIt! Renovations becomes bankrupt or makes a general assignment for the benefit of its creditors, or if a receiver of the Service Provider is appointed, then you may finish the work in accordance with the plans and specifications as You may deem expedient but without undue delay or expense.

 IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, LOSS OF CAPITAL, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE CLIENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SERVICE PROVIDER AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID OR PAYABLE TO THE SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.

Mediation.

If your transaction is valued over $10,000.00, You agree before taking legal action to participate in non-binding mediation using a professional mediation service acceptable to You and NailedIt! Renovations. Mediation should take about half a day. You and NailedIt! Renovations will split the cost of the service.

Entire Agreement and Governing Law.

This Agreement constitutes the entire Agreement for the purchase of the goods and services listed and it supersedes all prior negotiations or representations. Once You and NailedIt! Renovations have signed the Estimate (“Agreement”), no changes or modifications of any term and/or condition contained herein or on Customer’s purchase order shall be valid or binding on either part unless made separately in writing on a second Agreement, dated and signed by an authorized representative of each party, and attached hereto. This Agreement shall be governed by the laws of British Columbia.

Version 21-3