General Terms & Conditions
General Terms & Conditions
1) Agreement. This Purchase Agreement (the “Contract”) is entered into between Align Decking Inc. (the “Contractor”) and the Customer on the date stated above.
2) Commencement. The Work shall commence on the estimated start date indicated above or within 21 days of the receipt of all permits required for the performance of the Work, unless otherwise agreed to in writing. Please be aware that the commencement date may differ from the estimated start date due to unforeseeable circumstances such as product availability, inclement weather, or illness. Contractor will notify the Customer of any changes to the start date as soon as possible.
3) The Work. Contractor hereby proposes to furnish material and labour in accordance with the Description of Work for the sum stated above and the Work to be performed by the Contractor shall:
a. be limited to the Work described on the first page of this Agreement and such Work as is necessarily related to same;
b. be carried out during customary daytime working hours, 7am to 5pm, Monday to Friday (excluding public holidays); and
c. be performed in accordance with reasonable commercial standards.
4) Permits. The Customer shall have sole responsibility to obtain any and all permits required for the Work. If the Description of Work does not describe any service for permit assistance, the Customer is responsible for obtaining any permits or approvals that may be required to complete the Work. If the Description of Work does include a permit assistance service, the Contractor will assist the Customer in obtaining the necessary permits and approvals. If the permit assistance service is not included in the Description of Work, and any orders for the completion of the Work are put on hold for more than 30 days pending Customer obtaining permits or approvals, the Customer shall be liable for the full amount owed for the order. The Customer acknowledges that any delays or additional costs arising from the failure to obtain necessary permits or approvals in a timely manner are the responsibility of the Customer.
5) Change Orders. Any modifications to this Contract must be made in writing and signed by both parties. Any variation or deviation from the specifications described in the Description of Work must be agreed to prior to such work commencing and may involve an extra charge over and above the original quotation. (“Change Order”). Such Change Order shall not be acted upon by Contractor until the Change Order is approved in writing by the Customer.
6) Completion. The Work shall be completed within 120 days of commencement unless otherwise agreed to in writing. Customer and Contractor shall carry out a final walk through following which Customer shall sign off on the completed Work.
7) Delay. The Contractor shall not be responsible for delays in the commencement or completion of the Work caused by events outside of the Contractor’s reasonable control, including but not limited to shortages of materials or labour, inclement weather, government acts, or any act or omission of the Customer or the Customer’s authorized representative.
8) Cancellation.
a. The Contractor may cancel this Contract at any time without cost or penalty on two (2) days written notice to the Customer.
b. The Customer may cancel this Contract by written notice to the Contractor provided that the Work has not commenced in which case the Customer shall be responsible for the greater of: (i) the amount of the Deposit paid or (ii) the amount of all expenses incurred by the Contractor directly in relation to the Work. If the Work has been commenced, then the Customer shall be responsible to pay the Contractor the greater of: (50% of the Total Price; or (ii) that portion of the Total Price which is required to compensate the Contractor for all expenses (including labour, materials and equipment) incurred to the time of cancellation, plus 10% of the Total Price as reasonably determined by Contractor in its sole discretion.
9) Payment.
a. The Total Price for the Work is shown on the first page of this Contract. Where additional work is required due to unforeseen events, the Contractor shall notify the Customer if the Contract Price requires revision and the Customer agrees to pay such increase, together with all applicable taxes, where:
i. additional materials, substituted materials, and/or additional labour, due to factors not known or reasonably apparent to the Contractor at the time of the quote, are required for the completion of the Work;
ii. the Customer requests a material change in the Work or requests additional work; or
iii. the Contractor incurs or will incur additional costs as a result of any delay caused by factors outside of the control of the Contractor.
b. Interim and final payments shall be made in accordance with the payment schedule shown on the first page of the Contract. Final payment shall be made promptly upon completion of the Work as determined by the Contractor.
c. In the event an interim payment is not received when due, the Contractor reserves the right to discontinue or terminate the Work in its sole discretion.
d. Any amount that is due and is not received by the Contractor within five (5) days of the due date shall be subject to interest charged at the rate of 24.455% annually (the “interest rate”) calculated daily and compounded monthly from the first day that payment of the amounts became due.
e. Payment may be made in cash, cheque, bank draft or certified cheque.
f. No guarantee or warranty shall be extended by the Contractor unless and until all payments due for the work have been received by the Contractor.
10) NSF Cheques. NSF cheques will be subject to a surcharge of $65.00 plus any applicable interest charges.
11) Ownership of Materials. All materials used in the Work remain the property of the Contractor until all payments due for the Work are received by the Contractor. The Customer agrees that the Contractor shall have the full, irrevocable, and unfettered right to enter onto the Customer’s property to remove such materials if full payment for the Work is nor received when due.
12) Photos for Reference Only. The products being delivered, including colours and finishes, may not be exactly as shown in marketing photos as photos are for reference only and may not reflect the exact model you have chosen. Contractor is not responsible for slight colour differences between different manufacturers, different materials or different batches of products used in the Work. In case of discrepancy, manufacturers written warranty supersedes notations on Invoice. In the event of any discrepancy, the written selections in this Contractor will supersede any photos.
13) Substituted Materials. Contractor reserves the right to substitute products or materials with similar items if the items selected are discontinued or modified by the manufacturers. In the rare event that items need to be substituted, Contractor will endeavour to have the Customer approve of the change. However, any change required will not constitute a valid reason to cancel this contract.
14) Customer Responsibilities and Representations.
a. The Customer represents and warrants that it is the lawful owner of the property and legally entitled to enter into this Contract.
b. The Customer shall provide and ensure unimpeded access by the Contractor as reasonably required for the performance of the Work and will permit the Contractor to receive materials at the property and to use facilities, free of charge, including electricity and water.
c. Unless otherwise expressly specified in this Contract, the Customer shall have sole responsibility for the removal of any replaced, discarded, or excess materials arising on account of the Work.
d. Customer acknowledges that the project area is a construction site and that the Customer shall take all steps to prevent persons (other than the Contractor’s crew) from entering upon the construction site. Contractor shall not be liable for any injury suffered by Customer or other third parties on the construction site.
15) Promotion. Customer consents to Contractor photographing the completed project and displaying it in online marketing and other places as Contractor shall desire.
16) Governing law. This agreement is governed by and construed in accordance with the laws of the Province of Ontario and subject to section 18 herein, the parties submit to the jurisdiction of the courts of Ontario.
17) Limitation of Liability.
a. The Contractor will use reasonable care in the performance of the Work and will only be responsible for any loss or damage suffered by the Customer as a direct result of any gross negligence, fraud, or wilful default in the performance of the Work, in which case the Contractor’s total liability shall in no event exceed the Total Price shown on the first page.
b. The Contractor is not responsible for damages or expenses resulting from the Customer’s requests, specifications or requirements which are faulty, or which do not conform with any law or regulation.
c. No agent or employee of the Contractor is authorized to make any representation or to provide any guarantee or warranty with respect to the Work other than stated Contractor’s warranty set out in section 20 herein.
d. Nature of Lumber. The Customer acknowledges and understands that lumber is a natural product and subject to certain inherent characteristics and properties. Lumber, being derived from trees, may contain knots, variations in colour, grain patterns, and other natural features. Such variations are intrinsic to the nature of lumber and shall not be considered defects. The Customer further acknowledges and understands that cracking and splitting can occur in lumber due to factors such as changes in temperature, humidity, moisture content, and drying processes. These cracks and splits may be visible or invisible and can occur during or after the installation of lumber. Contractor shall not be liable for any cracks or splitting related to the intrinsic properties of lumber.
e. Please note that foundations will be built according to Ontario Building Code however despite this, foundations may experience heaving over time due to natural factors beyond Contractor’s control. Contractor shall not be held responsible for any such heaving or related consequences that may occur after the completion of the project. The Customer acknowledges and accepts that any issues arising from foundations heaving are the sole responsibility of the Customer. Additionally, concrete foundations may not be suitable for all projects such as properties with high water tables or where ground is freshly excavated.
f. The price of helical piles is subject to change according to the Contract’s change order provision. Any quotes for helical piles will include the screw pile and one additional extension at no additional cost. Any additional extensions are subject to a change order.
g. During the course of construction, grass may be disturbed or damaged. Contractor will make reasonable efforts to protect grass where possible and areas disturbed by construction will be corrected by laying topsoil and/or new seed. The Customer is responsible for watering the seed after the construction is completed.
h. Unforeseen circumstances. Contractor is not responsible for additional work caused by unforeseen circumstances such as structural deficiencies of the home, existing water damage, or pest infestations unless specifically noted on the Contract. If any unforeseen problems are discovered, the Customer will be notified immediately, and a resolution will be agreed to prior to the extra work commencing. Any delay or non-performance caused by such unforeseen circumstances shall not be considered a breach or default of this Contract.
i. Locates with Ontario One Call will be completed for all deck projects. Customer shall not be held liable for any underground utilities, lines, or obstacles that are not identified on the locates provided by Ontario One Call or provided by the Customer. The Customer is responsible for notifying Contractor of the existence and locations of any known private utilities (lines or obstacles) that may impact the deck construction. Any damage, costs, or delays resulting from unidentified lines or obstacles not included in the locates or provided by the Customer are the sole responsibility of the Customer.
18) Insurance. The Contractor shall maintain commercial general liability insurance in an amount usual for the project outlined in this Contract.
19) Warranty
Contractor takes immense pride in the craftmanship and quality of our custom decks. We stand by our work, and thus, we offer this craftmanship warranty for your peace of mind.
a. Duty of Care. All work related to the deck will be performed in a professional workmanlike manner and Contractor shall maintain a standard of workmanship, which shall be the standard of reasonable skill, care and diligence of a careful and prudent contractor. All work shall be in compliance with the Ontario Building Code and such other statutes as may apply.
b. Materials. The Contractor further warrants that all materials used in the deck installation will be new and free from visible structural defects, in compliance with manufacturer specifications. Save and except for the foregoing Contractor makes no representations or warranties with respect to materials used in the construction of the project.
c. Warranty Period. The Contractor warrants that the Work shall be in accordance with the description of the Work on page 1 and free from material structural defects. The Contractor agrees to make good any material structural defect for a period of five (5) year from the date of completion of the Work (the “Warranty Period”). All product warranties, if any, shall be as provided by the manufacturer and/or supplier, and are deemed assigned from the Contractor to the Owner.
d. Warranty Defect Notice. If a material structural defect is discovered within the Warranty Period, then the Customer must promptly notify the Contractor in writing following the discovery of that defect (the “ Warranty Defect Notice”) and must provide the Contractor with an opportunity to inspect and an opportunity to either cure the material structural defect in a manner customary in the industry or to pay to the Customer the cost of repair or replacement of the material structural defect as estimated by the Contractor. If any defects in workmanship covered by this warranty are discovered during the Warranty Period, the contractor shall, at its sole expense, either repair or replace the defective work. Any repair or replacement work shall be performed in accordance with the terms of this warranty.
e. Limitation of Liability. In no event shall the Contractor’s liability exceed the fair and reasonable cost of repair or replacement of the warranted defect and under no circumstance shall the total liability of the Contractor under this warranty for workmanship shall be limited to the Total Price of the work performed. Contractor shall not be liable for any cost or expense incurred by the Customer in remedying any warranted defects unless Contractor has been notified in writing and has been afforded the opportunity to cure the claimed defect or to pay the sums specified herein. This warranty is the sole and exclusive warranty given by the Contractor and is in lieu of all other warranties, express or implied.
f. Exclusions. This warranty does not cover damage caused by acts of God, acts of nature, misuse, abuse, normal wear and tear, or improper maintenance. This warranty also does not cover any defects caused by materials supplied by the Customer or any work performed by anyone other than Contractor. Lastly, this warranty does not cover heaving of foundations in accordance with section 19(e) of this Contract.
g. Disclaimer. Except where required by law, no warranties or guarantees for goods or services are extended beyond what is explicitly stated herein.
h. Non-Interference. This warranty is separate from any manufacturer's warranties on the materials used in the project and does not affect or limit any rights or remedies the Customer may have under such warranties.
i. Claims Procedure. To make a claim under this warranty, the Customer must notify the Contractor in writing within 30 days of the discovery of any defect covered by this warranty. The Customer must provide the Contractor with reasonable access to the work site to perform any necessary repairs or replacements.