Manufacturer 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 2 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.
Terms & Conditions
- Total investment includes materials, labour, cleanup, removal of debris and recycling, where possible.
- Only work as written into the proposal will be performed. Any extra work required by the customer and not contained in the original estimate will be treated as a separate contract, and a deposit will be required. Fenwick Bath Terms and Conditions will apply to all new contracts.
- There is a 7-day period to make any changes you require to the work proposal. After this time frame has elapsed, we will order your products. Any changes thereafter may incur a re-stocking fee. If the contract is cancelled by the Purchaser after the 7-day period has elapsed, 50% of the deposit will be retained by Fenwick Bath.
- On installation day, we require your cooperation by having the bathroom clean and personal items removed. We also require a clear path from the home’s point of entry through any traffic areas to the bathroom prior to our arrival. This includes furniture & wall hangings (artwork, clocks, mirrors etc)
- Parking for a cargo van and space for a temporary work station with power is required.
- Prior to commencing your project, our installation technician will lay down floor runners, review your project with you and consult for positioning of accessories (if any).
- We require that your water shutoff be accessible and in proper working order. Note – Seized water main shutoff valves will incur additional charges to remedy.
- Every effort will be made to complete your project within the quoted time frame; however, mutually inconvenient delays may occur (ie shipping delays, weather, illness etc). The quoted time frame commences from date of deposit and/or the date at which final choices are made by the customer. The installation date is a best estimation of when the work will begin. The Purchaser shall not be entitled to compensation for loss of use, consequential damages, emotional suffering, or any damage or losses caused by a delay in the commencement of work.
- Your project may incur additional fees due to hidden deficiencies (hidden pipes, rot, pests etc) Extra work created by hidden deficiencies will incur extra charges billed at $ 95/hr plus materials and taxes. The 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. Additionally, the Contractor will not accept any responsibility for the current condition of existing plumbing, structures, surfaces, drainage etc.
- Our technician will review the functionality of your new fixtures, and their maintenance procedures. With proper care, your new Fenwick Bath system will last a lifetime. Please only use cleaners that are safe for acrylics. Avoid all abrasive cleaners, as these will damage your acrylic products, and nullify your warrantee.
- A manufacturer’s limited lifetime warranty is applicable on wall systems, liners, faucets & accessories. A manufacturer’s limited warranty is applicable on bathtubs and shower bases. Fenwick Bath offers a 2-year warranty on workmanship. Fenwick Bath honours the manufacturer’s warranty.
- Owner supplied materials – Fenwick Bath assumes no responsibility for the quality or condition of owner-supplied materials. Fenwick Bath may refuse to install owner-supplied materials if they are deemed deficient in quality. Fenwick Bath does not warranty items it does not supply.
- For contracts over $8000, the company may ask for an additional payment to complete the work.
- Balance is payable upon completion of your project. We will process your credit card and mail you a paid receipt. A monthly 2% interest charge will be added to overdue accounts.
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.
* Terms and Conditions are subject to change without notice.