Papa Millworks Terms and Conditions of Sale
1. Pricing, payments, changes:
a. Upon acceptance of the estimate, Papa Millworks will provide a sales order and 50% deposit invoice. Signing of the sales order and/or payment of the 50% deposit invoice initiates the project start. ***Upon receipt of the 50% deposit cheque, all terms and conditions in this document are in full effect.
b. On projects where Papa Millworks is doing the installation work, a payment of 40% of the Sales Order is due before delivery. A delay in the receipt of the payment to Papa Millworks might result in the cancellation of the installation or a delay of the installation date and additional fees to the customer, such as storage fees and any non-refundable expenses paid by Papa Millworks as a result of a cancelled/delayed installation. On projects where others are responsible for the installation or no installation is needed, the remaining full balance is due upon pick up.
c. Upon completion of installation and approved inspection, the final 10% invoice is due.
d. There is no grace period for any balance that is not paid. Account balances not paid will incur a finance charge of 2% per month or the maximum permitted by law, whichever is greater, and a 2% flat fee of the balance will be applied. All returned cheques, for any reason, will incur a $50 handling charge plus bank fees per occasion and must be replaced with a certified cheque, money order or cash. No claims will be accepted on accounts with unpaid balances.
e. Quoted prices are valid for 30 days after receiving the initial estimate. Any work that is not completed within 6 months of the initial estimate may have price increases due to any or all of the following: inflation, increased overhead, increased labour costs and increased material costs.
f. Once a sales order is signed and/or the 50% deposit is paid, as long as the original overall concept, size, details and finish of the product remain unchanged, there will be no extra charges for the product. However, any and all changes to the original product shall be re-priced accordingly. Any changes that increase the costs before construction begins will be billed at the same percentage rate as laid out. Any changes made after the 50% deposit is received shall be due, in full, immediately upon acceptance of the changes.
2. Extra Costs:
a. As long as our standard operating procedures are followed, there will be no extra fees for the services provided. However, there are factors that could cause customers to incur extra fees. Please read and understand possible (but not limited to) areas of cost increases associated with services that we provide.
b. Site Conditions: If Papa Millworks finds itself in a position where it may not measure the site for the proposed millwork in the condition in which the millwork is to be installed, due to restricted timelines or other restrictive situations, Papa Millworks cannot be held responsible for any and all millwork that does not fit within the dimensions of the actual site as manufactured per approved shop drawings. Any additional charges incurred as a result of modifications to or reproductions of the millwork, necessary to make the millwork fit into the site, as built, will fall under the customers’ responsibility.
c. Shop drawings: One set of shop drawings and one revision is included in the Sales Order price. Any additional shop drawing revisions will be billed at a rate of $100 per hour. Special requests such as showing plumbing, electrical or any other details related to other trades may be billed at a rate of $100 per hour and have to be reviewed, approved and signed by the main contractor, designer and/or client.
d. Production: Any changes to the scope of work/Product that are asked for or required by the client or site conditions after the shop drawings have been signed may incur extra costs.
e. Installation: Installation times are estimated based on the number of articles to install (# cabinets, # fillers, # scribes and similar), loading and unloading time, travel, tools set up, site cleaning, site conditions, accessibility and # of installers. The estimated and allocated time reflected in the Sales Order represents good site accessibility and proper site readiness to receive finished millwork. If situations occur that are not Papa Millworks’s responsibility that result in the Papa Millworks installation team needing more hours to complete the project as detailed in the Sales order, extra costs of $90 per hour per installer will be billed.
3. Scheduling:
a. Papa Millworks will do its best to adhere to the following schedules, however; there are several situations, including but not limited to the following that will affect all of the proposed target dates: site readiness, changing construction schedules, strikes, material availability, natural weather occurrences, health and family issues, pre-planned vacations or holidays or any other situations that are out of Papa Millworks’s direct control. If Papa Millworks is unable to meet any deadline, it will take all reasonable measures to complete each phase as quickly as possible.
b. Shop drawings will be started after Papa Millworks has received a set of approved design drawings, has been able to measure the site in the same condition that the millwork will be installed, has received the full 50% deposit and has received a full list of product specs for all products pertaining to the proposed millwork, and the Papa Millworks Project Specifications Form is completed. The first set of shop drawings will be sent out for approval by the customer within approximately 1- 2 weeks of the site measure, unless otherwise specified. Timelines may vary with the circumstances.
c. After the first review, revised shop drawings with minimal changes will be supplied within approximately one week of receiving the revisions. Revised shop drawings with large changes to the size, scope and design of the millwork may take up to two weeks to complete and may incur extra fees.
d. Finish samples will be provided within approximately two weeks of customer provided or approved samples. After review of the first sample, if additional samples are needed, they will be provided within approximately two additional weeks. If a full front sample is needed, this may take up to four weeks.
e. **Upon approving and signing the shop drawings provided to the client by Papa Millworks, all items, parts and dimensions therein are final.** Any changes to the plan thereafter that differ from approved and signed shop drawings will either incur change orders or completely new orders, as the situation calls. Additional fees will follow for the new items and/or additional shop drawing time. Delays to previously agreed upon installation dates may ensue at the discretion of Papa Millworks, as necessary.
f. Installation schedules will vary widely based on size and scope of project, along with the scheduling of other subcontractors needed for completion of the customer project. All reasonable actions will be taken to expedite the completion of the installation.
4. Insurances:
a. Papa Millworks employees are fully covered under WSIB, and we also carry a general liability policy of $2,000,000.00. Any subcontractor hired by Papa Millworks will be required to have WSIB Insurance and a general liability insurance policy at a minimum of $500,000.00 (copies of insurance can be supplied at customer’s request).
b. Any and all costs incurred for damage during storage (in case: provided by the customer and not Papa Millworks), installation, or after completion that is not a direct result of actions by an employee of Papa Millworks or any contractor supplied by Papa Millworks is the responsibility of the customer.
5. Responsibilities:
a. Papa Millworks is responsible for the following:
i. Providing all material and labour relating directly to the completion of the Sales Orders.
ii. Providing information to make the customer aware of any and all work that needs to be completed by others for the proper installation of the millwork prior to fabrication.
iii. Providing a list of all hardware and peripherals that are the customer's responsibility to provide.
iv. Only written correspondence is deemed credible for the purpose of communications regarding the project, including SMS and MMS.
b. Customers are responsible for the following:
i. Providing Papa Millworks with all information regarding pertinent electrical wiring, outlets and lighting, as well as all pertinent plumbing local to the installation site, in the form of a blueprint or electrical/plumbing plan or equally detailed information.
ii. Providing Papa Millworks with all information regarding appliances and electronic spec sheets.
iii. Providing Papa Millworks with all information regarding the materials and finish dimensions that will be present on-site that are different from when the project is site measured by Papa Millworks.
iv. Approving and signing all shop drawings, product samples, and spec sheets before Papa Millworks proceeds with any project. **Upon approving and signing the shop drawings provided to the client by Papa Millworks, all items, parts and dimensions therein are final.**
v. To have any and all work needed by other contractors completed prior to delivery.
vi. All scheduling and project management not directly relating to our estimate unless other arrangements are made in writing.
vii. Having available on-site bathroom facilities, electric and lighting at work area location and heat/AC running.
viii. Provide Papa Millworks with additional hardware (including handles, knobs, glass, etc.) not provided and included in our estimate to be on-site prior to installation.
ix. Have all appliances related to the project on site on the day of installation.
x. Have all appliances (including panels for integrated appliances) installed by certified appliance installers.
xi. Unless specifically written out in the estimate, ALL HARDWARE AND PERIPHERALS TO BE PROVIDED BY OTHERS.
xii. Any return trips to install customer-provided hardware that is not available at the time of initial installation will be billed out at a rate of $90.00 per hour.
xiii. Informing Papa Millworks of any alterations that may compromise our plan as approved with sufficient notice.
c. Only written correspondence is deemed credible for the purpose of communications regarding the project, excluding SMS and MMS.***
6. Finish Sample:
a. Each project above $10,000 is entitled to ONE finish sample per material outlined in the estimate. Additional samples will be created on a time plus material basis, with a $100 minimum charge at an hourly rate of $80. A full front sample, showing doors and drawer fronts or panels, can be provided for a minimum fee of $250.00 each.
b. If a customer cannot pick a sample from the Papa Millworks collection and a custom finish needs to be made, a wood sample shall be provided by the customer to match as closely as possible. If a wood sample cannot be provided, a minimum fee of $350.00 shall be required to create a custom finish.
7. Design Services:
a. Design drawings by Papa Millworks are an option for clients who do not already possess design drawings. Design drawings will include the following: Elevations and floor plans that will identify all critical dimensions, details, and locations of appliances/electronic components. Anything not specifically addressed as being provided by Papa Millworks on the drawings or submittals is not included.
i. Our in-house designer will conduct any meetings to discuss design ideas, plans, finishes and materials. Initial 1-2 hour consultation incur a fee of $350.00.
ii. Services rendered by our in-house designer will be estimated based on the discussed scope of work. Design fees are based on a rate of $125.00 per hour which includes design drawings, material and hardware selections; as well as time elapsed in person, any communications via phone or electronically, rounded up to the nearest 15 minutes.
iii. Upon signing and/or paying in full the designer sales order, design services as outlined will commence. After the completion of services, designer drawings will be provided to the customer for their own use. iv. Optionally, the customer may request an estimate based on the designer's drawings at this time. The time required to complete an estimate will vary, but will come at no charge.
8. Drawing Services:
a. Papa Millworks will produce one set of shop drawings at no charge (with a 50% deposit of the total sales order/invoice), which will include the following: Elevations and floor plans that will identify dimensions relevant to our millwork. Anything not specifically mentioned, either in the sales order or the shop drawing, as being provided by Papa Millworks, is not included.
b. Any changes to the original approved shop drawings will be at a drawing fee of $100.00/hour.
9. Fabrication:
a. All materials are guaranteed to be as specified in shop drawings. If the materials specified are not available, a substitute material of equal or greater quality will be used. All work is to be completed in a professional manner according to Papa Millworks’s high-quality standards and practices.
10. Delivery and/or Installation:
a. If site conditions do not allow for the delivery and/or installation of the project, an area that is safe, shielded from the elements, and climate-controlled, as specified in the Warranty section, shall be provided on-site for storage. If conditions do not allow for the storage of product on-site, Papa Millworks shall provide storage for a limited time, not to exceed 5 business days, at no extra charge.
b. If storage needs to be provided past 5 business days, a storage fee of 1% of the entire estimated amount will be billed per week. All storage fees must be paid in full prior to delivery.
c. Routes to the area where work is to be performed and the area where work is to be performed are to be cleaned and cleared of all obstacles prior to installation by the customer.
d. Papa Millworks will take all precautions to not cause any damage to any surface. However, due to the inherent nature of installation, Papa Millworks will not be held liable for any minimal damage to paint, wall covering, floor covering and ceiling materials in the installation area.
e. Whenever feasible, any machining needed for installation shall be performed outside of the residence. However, if weather or site conditions do not allow for outside machining, an area shall be provided indoors.
f. Papa Millworks will take all precautions to maintain a clean and safe work site during installation. Any and all debris due to Papa Millworks’s installation shall be removed from site and all areas used shall be broom swept and vacuumed. All millwork to be dry wiped. Final cleaning to be done by others.
g. Papa Millworks will take precautions to limit the amount of dust on site. However, due to the nature of machining wood products, some dust will be created. It is not the responsibility of Papa Millworks to clean or pay for cleaning necessary due to dust residue. Any and all residual cleaning shall be the responsibility of others. Papa Millworks, its employees and subcontractors will do their best to leave the work site in the same condition as before
installation.
h. Papa Millworks will take precautions to avoid damages to the electrical systems, wiring and plumbing local to our installations. However, if we are not informed by the customer as to the whereabouts of electrical or plumbing systems as described in “Responsibilities: 5.b.i” and no such systems could be found with our own detectors, repairs for damage to electrical or plumbing systems shall be the responsibility of others. Papa Millworks, its employees and subcontractors will do their best to avoid any such damages.
i. The installation of Appliances or Front Panels for Appliances is not part of the contract/installation and must be done by others.
11. Punch List:
a. Upon completion of installation, a representative of Papa Millworks and the customer will inspect the work, and a single written punch list will be made showing any and all work to be completed or corrected. Whenever possible, this work shall be completed immediately. If conditions do not allow for the immediate completion of the written punch list, this work will be completed as soon as possible. The customer shall not contract with any alternate contractor for the performance or completion of work within the scope of this contract, or do the work themselves. The customer shall not claim a credit or back charge for the cost of completing an item stated on the written punch list. The customer will not occupy or use the stated work until and unless Papa Millworks is first given reasonable notice and opportunity to correct the work stated on the written punch list. If the customer does contract with an alternate contractor to perform the written punch list work or otherwise completes the project without first affording the above-described opportunity to Papa Millworks, or if the customer commences to use or occupy the space or work in an area in which Papa Millworks performed work, the customer then agrees to accept all work "as is" and thereby waives any claim against Papa Millworks under the terms of the contract, including warranty claims.
b. Papa Millworks and customers shall review and confirm that the written punch list is complete. At this time, the balance and any extra fees are due. Any and all further work that needs to be completed that does not fall under the Warranty shall be charged as time and material at a minimum rate of $80.00/hour.
12. Warranty:
a. Papa Millworks products carry a 5-year warranty on workmanship and hardware under normal use.
b. Papa Millworks has a warranty covering the finish for 2 years. The warranty covers use under normal conditions.
c. All non-residential work has a 1-year warranty for all parts, labour and finishing.
d. All work with a destination distance of greater than 300 km from the Papa Millworks manufacturing location in Toronto, Ontario, is not warranted unless otherwise stated in writing.
13. General:
a. All our work is stored and processed in a climate-controlled environment to closely match the existing conditions of the average residence in our area. All new home construction with any type of heating and cooling system and any existing homes with forced air heat and/or central air conditioning should have an automatic humidification/dehumidification system to keep humidity and temperature at consistent levels before and after we deliver. We suggest running the heat and/or air conditioning along with your humidification/dehumidification system for a minimum of 4 weeks before new millwork is installed, as large changes in
humidity and temperature will affect the residence and our millwork. This may cause movement and settling of framed structures and millwork, causing cracking of millwork or gaps to open between installed millwork and existing homes and within the millwork itself. Problems caused by this are not covered under our warranty, and repairs will be charged on a time and materials basis at a minimum rate of $80 per hour.
b. Once millwork has been delivered and/or installed, the client shall sign off or confirm that our millwork is in pristine condition and working order at that time. It then becomes the client’s responsibility to protect the millwork from then on. Papa Millworks is not responsible for the damage caused by others after this point in time. During future visits from Papa Millworks, any damages to items installed by us prior will be catalogued and signed off by the client as inflicted by others. A price and timeline to replace parts damaged by others can then be discussed at a future time. ***This clause applies especially to projects where several trades (plumbers, electricians, general contractors) are trafficking the installation site.
14. Hardware:
a. We use only the finest hardware available. All hardware provided by Papa Millworks has a warranty covering parts and labour for a full 5 years. In addition, any extended warranty offered by manufacturers is in effect. The warranty covers use under normal conditions.
15. Wood and wood substrates:
a. We order and use only the finest wood materials available. We also go the extra step and handpick all material for the best grain and colour match possible. However, there will be variations of wood grain, pattern, and colour because wood is a natural material. Variations in wood grain characteristics and colour and wood type, specific grain imperfections, such as small knots, are not considered a defect. Variations within 10% from the sample are considered acceptable as per industry standards.
b. Due to the natural expansion and contraction of solid wood and wood substrates, light warping, shrinking and expanding might occur and is deemed tolerable as per industry standards.
16. Finishing:
a. We use only the finest finishing materials available. Our materials and techniques make for a very durable finish that is highly resistant to moisture, chemical, and light exposure. Typically, finishes turn slightly amber and wood darkens or lightens from the effects of light over time. Colour changes over time are not considered a defect. When looking at samples, you must remember that all our techniques are hand applied and inconsistencies will vary from sample to finished project and within the finished project itself. Also, veneers may finish differently from solid wood. Papa Millworks uses the best techniques that we have
mastered through the years to keep all finishes as consistent as possible. Variations in product due to finishing technique are not considered a defect. Variations within 10% of the sample are considered acceptable as per industry standards.
17. Legal:
a. This contract is binding on Papa Millworks and the customer and all parties who lawfully succeed to their rights or take their places.
b. This contract contains the entire agreement of Papa Millworks and customers and may not be changed except in writing signed by all the parties involved.
c. If any part of this contract is found to not be legal or binding, the remainder of the contract is still binding and in full force on all parties involved.
d. If at any time during the course of fulfilling this contract, there is a situation in which all parties cannot agree, all parties will do all things reasonable to remedy the conflict of opinion without involving 3rd.
e. If a conclusion cannot be reached that is acceptable to all parties involved, all parties involved agree to send their conflict of opinions to arbitration first.
f. If and only if the opinion reached by the arbitrator is not acceptable by all parties, then the situation shall be taken further.
g. If the conflict of opinion leads to a court hearing or the need to involve legal counsel, the losing party agrees to pay all damages plus the winning party's legal fees.
18. Sales Tax:
a. A Sales Tax in the amount of 13% is to be charged for all labour and materials provided.