The contractor shall commence the work on “estimated start date” located on the other side of this paper.
The contractor shall complete the project on or before
Time shall in all respects be of the essence.
If work on the project is delayed due to unfavourable weather conditions or unavailability of materials or any other relevant circumstances which in the Contractor’s sole and unfettered judgment is beyond the Contractor’s control then the Contractor may require one or more extensions of time to complete the Work. The Contractor shall notify the owner of each extension and the Owner shall grant such extension of the date for completion of the project.
The Contractor shall not be responsible for any damages whatsoever whether direct, indirect or consequential suffered by the owner by reason of such delay or the extension(s) of the date for completion pursuant to this paragraph.
The Work
The Contractor is to perform the following work (the “Work on other side of this sheet”) in accordance with the terms of this agreement: The work will be completed exactly in accordance with the drawings, plans and specifications listed herein, subject to clause 5 (compliance with laws).
The Contractor shall have the right to substitute materials of comparable quality to specified materials where said materials are in short supply, subject to back-order, or anticipated delay in delivery.
Owner’s Obligations
The Owner shall give the Contractor unimpeded access to the Project during business hours (7 a.m. to 5 p.m.) Monday to Friday, and Saturdays (8 a.m to 4 p.m) except holidays, or at such other times as the parties may agree in writing.
The Owner shall supply all water and electricity to perform the Work.
Permits. In addition to the Price, the Owner shall pay to the Contractor all costs, fees and disbursements of the Contractor expended or to be expended for the purpose of obtaining all permits, licenses and certificates necessary for the performance of the Work.
Contractor’s Obligations
The Contractor shall supply all labour, tools, equipment, machinery, heat and other services necessary to perform the Work.
Permits. The Contractor is responsible for obtaining all permits, licences and certificates necessary for the performance of the Work.
Compliance with Laws. The Contractor shall give all required notices and comply with all laws, ordinances, rules, regulations, code, and orders of all authorities having jurisdiction which are or become in force during the performance of this agreement and which relate to the Works, the preservation of public health, or constriction safety.
Clean-up
The Contractor shall leave the Project “broom clean” at the end of the day that it performs any of it’s Work on the project. The contractor shall clean-up and remove all debris from the Project to the Owner’s satisfaction upon completion of the Project.
Protection of Persons and Property. The Contractor shall protect the Work, the Owner’s property and the property of third parties from damage occasioned by the performance of it’s obligations under this agreement.
Changes in the Work
The Owner shall have the right to, without invalidating this agreement, require changes in the Work.
Where the Owner and the Contractor agree upon the price of such change, or the method by which the change is to be priced, they shall record their agreement in writing, and this agreement shall be amended accordingly.
Where the Owner and Contractor do not agree on the price or the method of pricing, the Owner shall provide written authorization directing the Contractor to make such change prior to agreement as to price or method of pricing, in which case the Contractor shall comply forthwith. Should the parties be unable to agree on the price of such change, the Contractor shall be entitled to it’s costs of the change, together with a reasonable allowance of overhead and profit.
No change in the work shall be proceeded with unless the parties have first agreed in writing, or the Owner has provided written authorization directing the Contractor to make such change.
Insurance
The Owner shall provide and maintain property insurance covering the Project and the Work.
This Warranty does not cover any damage/cleaning/repair of any kind caused by normal weathering, normal wear and tear (Minor chips: i.e chipped edges along patterns), accidental damage, settlement, heaving, structural distortion of the property structure, erosion, fire, all acts of God, harmful chemicals (i.e. cleaning compounds, etc.), corrosive concrete de-icers (i.e. concrete friendly de-icers can be used starting the second winter from the completion date), fumes or vapours, deterioration due to air pollution, misuse, vandalism, improper drainage, surface efflorescence, leaching calcium deposits on vertical risers caused by efflorescence, moisture originating from below sealer, freckling of sealer, impact of foreign objects, or other causes beyond the reasonable control of the Contractor. Through normal wear, the concrete surface will require service (i.e. Re-Sealing). Re-Sealing is not considered Warranty work and liability hereunder shall be the responsibility of the Customer. The Contractor recommends waiting the full 2 years from completion date for the first Re-Seal so the original Cure and Seal applied at time of construction has worn as much as possible. Any repair or service whatsoever undertaken by the Customer during the Warranty period will void this warranty. Upon completion of the first Seal, future Re-Sealing is only recommended every 1-3 years (based on wear and tear) and can be performed by the Customer, the Contractor or others at the Customers discretion .
This Warranty is non-transferable.
This 1 year Limited Warranty (“Warranty”) is given by Nice Guy Concrete Inc. (“Contractor”) to the original customer (“Customer”) for the contracted work (”the “Work on other side of this sheet”). This warranty is subject to the coverage, limitations, requirements and legal rights stated herein.
Nice Guy Concrete Inc. (“Contractor”) guarantees quality craftsmanship, take pride in providing the customer with any pertinent information (ie. stamped concrete may be more slippery than exposed or plain concrete), therefore dose not assume liability of any slips, falls, or personal injuries obtained on the customers property.
Warranty Coverage
This is a surface Warranty, for both flat and vertical work. If before the Warranty Expiry Date, any major concrete scaling or spalling (occurring from below the colour hardener) and/or any aggregate pop-outs from the concrete surface, and any loss of bond of vertical stamping (i.e. steps, retaining walls etc.), the Contractor will, at its sole discretion, either repair, replace, or refinish only the areas to be found defective. Any costs and expenses beyond the control of the Contractor, liability hereunder shall be the responsibility of the Customer (i.e. Re-Sealing all other non effective concrete areas, etc.).
Coverage Limitations
This warranty is void if the Customer has not made full payment to the Contractor for the Work (i.e. original contract, work change orders, invoices, etc.). In the event of repair, replacement or refinishing pursuant to this Warranty, the Warranty applicable to the repairs will extend only for the time remaining under the original Warranty. Due to normal weathering, products repaired, replaced or refinished during the Warranty period may differ in finish, colour, and etc. from the original installation. This Warranty does not warrant any cracks, cracking, or crack repair of any nature whatsoever which may arise due to overload, frost heave effects, shrinkage or land settlement. Crack Repair Service is offered by the Contractor at a cost to the Customer. When Re-Sealing Service is purchased from the Contractor, Crack Repair Service is included at no additional cost to the Customer during that service call only. Subsequent visits, liability hereunder shall be the responsibility of the Customer. Normal aesthetic concrete crack repair methods used by the Contractor at the current time will be used.