Contractor warrants the acrylic bathtub liner, wall surround and acrylic accessories installed together for residential and rental as long as you own the home. The warranty covers defective acrylic products and labour to repair. The contractor will, at their option, either repair or replace any part of its product(s) that prove to be defective. Damage to the product that results from normal wear, man-made damage, use of improper cleaners, and/or poor maintenance of acrylic or sealant is not covered by the warranty. Sealant is covered for a term of 5 years. Warranty may be transferred one time with one year of the date of agreement upon request. Neither contractor nor manufacturer shall be liable for incidental, special or consequential damages. Installation of third-party products and/or plumbing meets or exceeds customary industry practices and will be limited to the product manufacturer’s warranty. No other warranty is expressed or implied except as provided in writing herein.
The Purchaser agrees to pay any remaining Agreement price including extra charges and other fees immediately upon substantial completion of the job by tendering payment to the Contractor’s authorized sales representative or by hand delivering or by mailing via First-Class Mail to the Contractor’s mailing address shown herein. The Purchaser agrees to make all checks payable to the company name. A check written payable to any other person or entity is at the Purchaser’s own risk. Contractor will not consider a check tendered unless Contractor’s company name is the payee. In the event the Purchaser desires to make some or all of the payment with a credit card, the Contractor is authorized by signature of this agreement to process a credit card sales slip to charge the Purchaser’s credit card account. The Contractor is also authorized to charge the Purchaser’s credit card for Change Orders or other fees covered herein. Unpaid balances are subject to interest charges of 2% per month, but in no event higher than allowed by law. Contractor reserves the right to require a deposit before proceeding with the job. If the Contractor is required to collect any amount due, then the Purchaser agrees to pay all reasonable collection costs, court costs, and legal fees needed to collect in full. Payments shall be applied first to fees owed, next to interest accrued, and finally to the principal owed. Interest begins to accrue immediately upon demand for payment by the Contractor. The Purchaser agrees that any claim for adjustment shall not be reason, cause, or defense for failure to make full payment of the amount owed on the Agreement. All of the signatories of the Purchaser are jointly severally, and personally liable for any and all payments required under this Agreement. The Contractor may elect, in its sole discretion to collect from one of the parties of the Purchaser without affecting its rights in pursuing the others. The Contractor is authorized to investigate the Purchaser’s credit history, employment history, income sources, financial condition, job site property value and other customary processes to determine the Purchaser’s ability and willingness to history, income sources, financial condition, job site property value and other customary processes to determine the Purchaser’s ability and willingness to pay any amount due under the terms of the Agreement or for the purpose of collecting on any amount due under this Agreement.
Any alterations or deviations from specifications involving extra costs will be made in writing by means of a Change Order and will become an extra charge over and above the Agreement amount. Work performed by Change Order or other authorized add-on shall be deemed a part of the Agreement and will accordingly increase the total amount owed on the Agreement. Contractor is not responsible for damage due to defective or old structural components, or corroded plumbing and fixtures. Repairs of existing walls and carpentry is considered extra unless specified in the Agreement.
Contractor is not responsible for delays in starting or finishing work which is caused by “External Events” outside the reasonable control of Contractor. External Events include, but are not limited to, manufacturing defects or delays, acts of nature and consequential effects therefrom, utility disruption; fire, unsafe or unsanitary conditions, civil unrest, criminal activity, accidents, equipment breakdown, loss of use of employees, sickness, injury, etc. Purchaser’s liquidated damages shall be limited to a refund of any monies paid under the Agreement which were not consumed by the Contractor through the date of the delay. Purchaser shall not be entitled to compensation for loss of use, consequential damages, emotional suffering, or similar losses caused from a delay.
Specifications and Contingencies.
No installation, products, or other work is to be provided unless specifically set forth herein. It is understood that the price agreed upon in the Agreement does not include possible expenses caused by hidden or unknown contingencies found at the job site. In the event of such contingencies that Contractor is requested to perform, the Contractor shall be entitled to collect additional charges of cost plus 20%. The Purchaser shall retain the right to hire its own subcontractor to resolve any contingent problems. Contingencies may include, but are not limited to, rotting or decay in the structure, parts required to accommodate the problem, unusual or antiquated structural components or fixtures, old plumbing, old or substandard exterior and interior improvements, and plaster and other difficult to match wall surfaces that encroach on the work area. Contractor will not accept any responsibility for the current condition of existing plumbing, structures, surfaces, drainage, etc.
3-Day Right to Cancel.
The Purchaser understands and agrees that the products described herein are specially designed and custom built and after the third day from the date of the agreement, the Contractor takes immediate steps to design, order, or construct those items set forth in the Agreement and has a right to the completion of the job as outlined in this agreement.
The Contractor reserves the right, at its sole discretion, to employ a subcontractor to perform some or all of the work stated herein. Contractor reserves the right to provide affiliate companies with information contained in our data base, estimate forms and/or agreements. Buyer agrees that Contractor and/or affiliates may sent product literature and call even if Buyer is listed on the Do-Not-Call registry.
Limitations of Liability:
Contractor shall not be liable for any consequential, indirect, incidental, special, punitive or exemplary damages whether or not based in Warranty, Contract, Indemnity, Tort or any other theory of law. In addition, Contractor shall not be liable for any damages such as, but not limited to, damage or loss or property or equipment, loss of profits or revenue, or cost of capital. The remedies for the Buyer described herein are exclusive, and the liability of the Contractor for any Agreement or the performance or breach of any Agreement or form the manufacture or sale, delivery, installation or use of bathtub liners or goods covered by or furnished under this Agreement, whether the liability arises out of contract, negligence, strict liability, or any warranty or otherwise shall not exceed the price of the bathtub liners or goods upon which such liability is based. Buyer understands that any delivery or installation date is merely Contractor’s best estimation of when performance will begin. Performance of work is subject to delays. Contractor’s failure to perform this Agreement by a given date shall not constitute a breach of this Agreement. Buyer shall not be entitled to compensation for loss or use, consequential damages, emotional suffering, or any damages or losses caused from a delay.
Buyer agrees to indemnify, hold harmless, and release Contractor, their subsidiaries, affiliates, agents, employees, sub-contractors, successors, officers, directors, stock holders, etc. (the “Contractor”) from and against any and all claims, demands, suits, judgments, and costs incurred by drainage problems, damage to floor during removal of bathtubs or shower bases; and for mold or mildew found or not found, seen or unseen, discovered at the time of the job or in the future. In such a case, Buyer agrees that Contractor can stop the job upon discovery of any mold, and Buyer is responsible for remediation of the mold and any or all extra fees, charges and lost time of Contractor.
This Agreement sets forth the entire transaction between the parties. Any and all prior agreements or representations made by either party are superseded by this Agreement. All changes to the Agreement must be made in writing. Unless authorized in writing by the Contractor, nobody has any authority to waive or alter this Agreement, or to make any new or substituted or representations, or warranties. If any provision of this Agreement is declared invalid by a recognized tribunal, then the remaining portions of the Agreement shall not be affected thereby. The terms of this Agreement shall be interpreted under the laws of the province where the Contractor’s business license resides.