The client has read and understood the product and process sheet, the care and maintenance sheet, the frequently asked questions sheet and the Agreement for Service.
The contract consists of the Specification / Consultation (Quote) sheet and the Agreement for Service.
Work may be scheduled immediately on request, subject to availability with the payment of the non-refundable scheduling deposit.
If the client reschedules, postpones, or cancels with less than two weeks notice, the non-refundable scheduling deposit may be forfeited. If the Client reschedules, postpones or cancels with less than 7 days notice, the Client may be liable and responsible for lost production time and revenue at our discretion. Work may only be rescheduled as Wooden Floors by Malcolm's overall schedule permits.
The payment schedule is specified in the Specification / Consultation (Quotation).
The client is the ultimate responsible authority for the competent organization of all remodelling work carried out within their property over time. (ie. Do not paint a room or install new baseboard prior to having the floor or staircase refinished.)
The client accepts that any valuable property within the refinish area or its approaches may be damaged by the agreed work. The Client agrees to remove any valuable property from the refinish areas and the approaches to and from the refinish areas.
If a fridge, stove, dishwasher, piano, or other valuable or fragile items remains within the floor refinishing area during the process Wooden Floors by Malcolm will not refinish beneath the item. Further, although Wooden Floors by Malcolm will exercise care in working closely around the item, we do not accept responsibility for any damage to the item as a result of the refinishing work.
Adjacent surfaces including but not limited to quarter round, baseboard, door frame, cabinet kicks, spindles, risers, and stringers may be damaged, scuffed or marked up by the extensive sanding, staining and finishing work.
The Client agrees not to have other work done in the refinish areas during the scheduled refinishing time.
Any staircase work whatsoever contracted by Wooden Floors by Malcolm is of a non-structural nature. Wooden Floors by Malcolm catagorically excludes structural staircase work from its agreement with the client. Additionally if the clients stairway is unstable, weak or unsafe, any work contracted by Wooden Floors by Malcolmwill not correct the condition.
Wooden Floors by Malcolm contracts to handcraft wooden surfaces with the appearances of craft, the look of having been hand made. As such variations including but not limited to, variations in sanding, in finish application, in finish sheen, in finish consistency, in stain application, in stain consistency, in filler consistency, or in the over all hand crafted surface are to be expected and accepted as part of the hand crafted character of the work.
In the event of a concern about completed work, the following will apply. Good images of the areas of concern must be provided or a $100 service charge must be paid in advance of remedial measures. If the correction is outside of our Agreement for Service, the $100 service charge will be kept and $100 per hour will be charged for on site time to address the concern if desired/feasible.
Direct telephone or in person conversation supplemented with field notes on our copy of the specification itself shall be the recognized communication method of record. The client is responsible to be available to give direction on whatever matters may arise during the project. Verbal agreements not recorded on the quotation will not be honoured.
Changes to project specification may only be done if we are able to approve them and may involve additional charges..
A late payment charge of 3 percent per month (42.58% per annum) will be applied on balances unpaid after 30 days from the date of billing. The date of billing is the date of final coat completion as determined by us.
Unless specified, this quotation does not include removal of furniture, tack strip, old flooring, (carpet, vinyl, under pad or mastic) or quarter round and trim (which may be somewhat damaged if it stays in place during the work). Repairs are not included unless specified. Cleaning of the work area or de-nailing is not included. The customer is responsible for electrical wiring, telephone, cable or other wiring in the work area. Quotations are valid for thirty (30) days.
If the wooden surface is covered by flooring construction debris, rugs, furnishing or is badly lighted at the time of the quotation, the quotation is subject to adjustment.
Wooden Floors by Malcolm may post a lawn sign.
Wooden Floors by Malcolm may photograph the work before, during and after completion.
To ensure a quality product, the Client agrees to heat the refinish area to 72 degrees F (or warmer if needed) around the clock during the finish application in cold months and to operate air conditioning during humid or extremely hot weather conditions if air conditioning is available. Other adjustments may be needed in special circumstances such as excessive dampness or humidity.
In the event of a labour dispute, Wooden Floors by Malcolm reserves the right to reschedule the quoted work or refund any money received from the Client according to what theClient decides and the client will not hold Wooden Floors by Malcolm responsible for losses in this circumstance.
In the case of custom stain work, the Client agrees to be present for stain colour choice and application to ensure that the colour and tone of the applied stain is as desired.
The Client agrees to provide adequate electricity during the refinishing process. Lengthly power shut downs due to electrical wiring work during scheduled refinishing work must be avoided.
When already finished surfaces are 'recoated' rather than completely 'refinished', the customer is responsible for intercoat adhesion and compatiblity between the already existing surface and the recoat.
Power may be shut off before the sanding to access 220 volt power. If stove or dryer are 220V powered, the client will leave them accessible.
Tools and materials may be left on site throughout the project process. Wooden Floors by Malcolm may park a cargo trailer on the premises through out the process.
Wooden Floors by Malcolm's maximum liability of damages however caused or failure to execute duties as they pertain to the contract, regardless of the reason is limited to one hundred percent of the money received from the client.
Wooden Floors by Malcolm may ventilate the refinish area for health and safety reasons.
If we believe that a) a client insists that we work in a fashion which is unsafe or b) has failed to provide us with reasonable access to the worksite, or c) the client or their other subcontractor(s) has unreasonablely interfered in our ability to effectively carry out the work or d) completion payment is not received on our arrival to do the final coat or e) the client complains unreasonably about the amount of work or quality of work completed at a given point or f) other work occurs unreasonablely within the refinish areas during our scheduled production window the the following will apply at our sole discretion. First, our agreed commitment to the completion target is void. Secondly, we may resign the project with full payment due. Thirdly, and alternatively, we may opt to complete the project given full completion payment plus $50 per hour or part per craftsperson on site including road time as determined by us.
If the client disputes the quality of the hand crafted wooden surface the following will apply. The area in question may only be viewed or photographed from a distance of not less than four feet from the surface and only with the unaided eye. Any disputed surface area viewed or photographed, must also be viewed or photographed from the directly opposite vantage point, and also from directly above the area in question under the same lighting and at the same time of day.
The geographic location of any dispute resolution or hearing will be Hamilton, Ontario unless we decide otherwise.
Serving: Hamilton, Burlington, Oakville, Dundas, Ancaster, Stoney Creek, Grimsby, Caledonia, Greater Toronto Region
with Quality Wooden Floor and Stair Refinishing since 1987.