see CONTRACT - Stone Emporium

emporium
N A T U R A L S T O N E S
EMPORIUM NATURAL STONES CORP.
51 HANLAN ROAD
VAUGHAN, ONTARIO
L4L 3P5
T: 905-266-0920
F: 905-266-0921
Emporium Natural Stones Corp. (the “Company”) hereby agrees to contract with and purchase, fabricate, and install a granite or
marble product for:
Customer(s): ________________________________________________________________________________________________
Address: ___________________________________________________________________________________________________
Installation Address: __________________________________________________________________________________________
(If different than Address above)
Home #: (_____) ______-______________ Work #: (_____) ______-______________ Mobile #: (_____) ______-______________
The Company agrees to carry out the work, and the Customer agrees to meet the requirements and make Payment as stated below:
Payment Schedule
Because of unique nature of granite or marble and the fact that the Company purchases material upon the Customers selection and
fabricates the granite or marble per the Customers instruction, The Company requires 50 percent deposit in certified funds of the
total remaining contract price prior to the Company’s holding or ordering of the material.
The Company requires the remaining 50 percent payment in certified funds at the time of installation and completion of the job.
This is the remaining Contract balance.
Any alteration or deviation from the stated contract price involving extra cost will be executed only upon a written work order and
will become an extra charge over and above the Contract price.
All stone products are fully customized to the Customer’s specifications, and are non-returnable.
TOTAL CONTRACT PRICE: $_________________________________________
INITIAL DEPOSIT:
$_________________________________________
50 PERCENT OF TOTAL CONTRACT PRICE
REMAINING BALANCE:
$_________________________________________
DUE AT INSTALLATION AND COMPLETION
The Company has the right to stop work if the Customer fails to make payments in accordance with this Schedule, and has the right
to refuse to continue work until above payments are made in full in accordance with this Schedule.
Tentative Schedule of Work
DATE OF TEMPLATE: _______________________________
DATE OF INSTALLATION: _______________________________
By signing below, the Customer(s) listed above is/are fully aware of all Terms and Conditions and agree(s) to all of the Terms and
Conditions as stated on the back of this Contract.
__________________________________
Customer’s Signature
___________________________________
Print Name
_____________________________
Date
__________________________________
Customer’s Signature
___________________________________
Print Name
_____________________________
Date
__________________________________
Company Signature
___________________________________
Print Name
_____________________________
Date
Terms and Conditions
The Customer will select a stone from the Company’s stock or Suppliers stock. The Customer will need to make an appointment for
viewing the material. Once the material has been selected, the Customer is to read and sign the release attached to this contract. The Customer
must sign the release before the Company will begin fabrication.
The Company can remove existing tops for a fee starting at $175.00. If the Customer includes this service in the price of the Contract, the
Company will schedule the removal of the tops prior to installation or templating, if necessary. The Customer is to schedule an appointment with
the Company. The Company may suggest a contractor to aid in the process (i.e., drywall work, painting, caulking, etc.); however, the Company shall
not be held responsible for any work performed by said contractor. Please go over any questions or concerns with the Company’s representatives
in the Company’s office.
The Customer then will provide to the Company a date for templating, if applicable. It is important that the Customer (or Contractor for
the Customer) to be present. The Company requires a window of 10 a.m. to 5 p.m. for templating. Due to the nature of the Company’s business,
exact times cannot be given. However, the office administrator of the Company will call a day before the scheduled template day to confirm. If for
any reason the Customer is unavailable and has not made our office administrator aware prior to the scheduled date that the Customer will not be
present, the Company will assess and additional trip charge of $125.00. The rescheduled date will be the next available date the Company is in the
area of the Customer. Any out of town site (1hr from Toronto) an additional surcharge will be applied starting at $150.00 depending on distance.
If the Customer is providing templates or measurements for the fabrication/ cutting of any of the material, the Company will not be
responsible for an inaccurate product because of incorrect customer-supplied templates/ measurements.
If the Customer has chosen to pick up their finished product, the Company will not be held responsible for damage (stains or chips) once
the product is released. Company suggest for installation to be done by our employees.
The Company suggests you call ahead to make your appointment, especially during our busy season.
On the date of templating, the Customer must have all new or existing cabinetry completely installed and level so that the Company’s
representative may take accurate measurements. It is important that all sink (with template), faucets, stoves (cook tops, freestanding, slide in, drop
in) and other appliances be on site so that the Company’s representative may take accurate measurements. The Company cannot template if any
piece of cabinetry is missing. If the Company cannot template because cabinetry is missing, an additional trip charge of $175.00 may be applied. At
this time the Customer and the Company will address any particular issues of installation (such as overhang of material and seam placement). If the
Customer is replacing existing countertops, the Company may require that the Customer remove the tops prior to templating to ensure an accurate
measurement. The Customer must inform the Company if there is an existing countertop.
Once templating is complete, any changes to measurements on the customers’ part could affect the accuracy of the top. The Company
will not be responsible for any miss-cut material, additional cutting or additional installation time caused by any changes in measurements made by
the Customer.
The Customer then will arrange with the Company a date for installation. Installation should occur from seven (7) to fifteen (15) days
from the date of templating. On the date of installation the Customer must be present in order to accept and provide payment for the finished
product. Installation can take anywhere from one (1) to (5) hours and more depending on the nature of the project. The Customer must provide to
the Company a window of 8:30 a.m. to 6 p.m. in which to install the material. If for any reason the Customer is unavailable and has not made our
office administrator aware prior to the scheduled date that the Customer will not be present, the Company will assess an additional trip charge of
$200.00. The rescheduled date will be the next available date the Company is in the area of the Customer.
The Customer is asked to keep this schedule in mind when scheduling appointments. For example, if the Customer is purchasing new
cabinetry and is expecting a contractor to install the cabinets in three (3) weeks, the Customer is to schedule the Company’s work after that time.
Warranty Information
The Company guarantees under normal use the workmanship of the granite or marble or other material as installed for the period of one year from
the date of installation. This warranty does not cover replacements or corrections or any results of misuse, including, but not limited to, improper
maintenance or normal wear and tear. This warranty does not cover any variations in colors, markings, or inconsistency of the granite and marble
once the Customer has approved the granite and marble for fabrication. This warranty covers installation only, and in no way provides warranty
against scratches by human error, or pitting/ fissures (natural occurrences) in the material.
Default
In the event that all sums due and owing by the Customer to the Company are not paid in accordance with the Payment Schedule and Contract
Price, set forth above, including any addenda to the Contract Price, the Company shall have the right to exercise any or all of the following
remedies: (1) place a lien against the Customers property in which the work was performed; (2) stop work until such time as past due payments are
brought up to date (this stoppage shall in no way constitute a breach of the Contract); (3) charge a finance charge of two percent (2%) per month,
which is an annual percentage rate of twenty-four percent (24%); and/ or arbitration fees incurred in an effort to collect sums due and owing to the
Company.
Responsibilities of the Customer
The Customer is responsible for removal of prior existing tops. However as set forth above, the Company can remove existing tops for a
fee to be included with this Contract.
The Company does not do plumbing, electric or gas work. It is the Customer’s responsibility to have the proper work finished before and
after installation. Please schedule the re-hook up appliance after the Company has installed the granite or marble material.
The Company does not set appliances (dishwashers, stoves, microwaves). The Company is not responsible for the variation in height
between the countertops and any appliances. The Company can mount only stainless steel undermount sinks to the granite. The Company offers
wide variety of stainless steel undermount sinks. Please inquire with the Company’s office administrator in the Company’s office. If the Customer
has chosen a cast iron undermount sink, the Customer must have a cradle built and installed prior to installation.
The Company cannot move any appliance for the customer during template or installation. The Company apologizes for any
inconvenience; however, the Company cannot be liable for any scratches on floors, cabinets, etc. when moving an appliance.
The Company does not caulk or silicone top of the backsplash to the wall. Please be aware that granite and marble is cut to fit the
cabinet, not the wall, and, therefore, if the wall is not straight, there will be an uneven gap between the material and the wall.
The maximum length for unsupported granite and marble is half the depth of the supporting cabinet or wall. For greater overhangs, the
Customer must install bracket supports. Brackets must be present during install or a surcharge fee of $200.00 will be charged for additional trip.
Please be aware that during installation of the granite or marble, if any cutting or grinding must take place at the Customer’s home (e.g.,
range cut out) a film of dust may be created. The Company uses a shop vacuum and tarp and its employees do general cleaning upon finish.
However, the Company will not be liable for additional cleaning (i.e., the inside of the cabinets, walls, etc.).