1. Scope of Work All work to be performed will be detailed in the approved written estimate or contract. No oral changes will be binding. Any requests for modifications or additions must be made in writing and may result in additional fees or extended timelines.
2. Estimates and Pricing Estimates are valid for 30 days unless otherwise stated. Prices are subject to adjustment in the event of material cost increases, labor shortages, or scope changes due to site conditions. Evogage Inc. reserves the right to amend pricing with notice should material or labor costs fluctuate substantially.
3. Payment Terms A non-refundable deposit of 50% is due upon acceptance of the estimate. Progress payments will be outlined in the agreement. Final payment is due upon substantial completion or within 5 business days of the invoice. Non-payment or late payment may result in suspension of work and a 2% monthly interest charge, which is 24% annually. Evogage Inc. reserves the right to file a construction lien for non-payment under the Construction Act (Ontario).
4. Change Orders All additional work or changes must be requested in writing and approved by both parties. Change orders will be billed separately and may affect the timeline.
5. Permits and Code Compliance Evogage Inc. will assist with obtaining required permits unless otherwise agreed. The property owner is responsible for compliance with zoning, conservation authority, condo boards, or historic designations unless outlined otherwise in writing.
6. Access and Utilities The client agrees to provide safe access, functional utilities (water, power), and space for tools and materials for the duration of the project. Delays caused by restricted access may result in additional charges.
7. Site Conditions and Hidden Defects Evogage Inc. is not liable for hidden conditions or unforeseen issues such as mold, asbestos, rot, pests, or structural issues. Any work required to correct such issues will be quoted and charged separately.
8. Substitutions and Product Availability Evogage Inc. reserves the right to substitute materials of equal or better quality if specified items are unavailable. Evogage Inc. is not responsible for manufacturer delays or discontinued products beyond its control.
9. Delays and Force Majeure Evogage Inc. is not liable for delays caused by inclement weather, supply chain issues, pandemic restrictions, labor strikes, or events beyond its control. Revised timelines will be communicated promptly.
10. Client-Caused Delays If delays are caused by the client (e.g., failure to provide access, delayed product selections, failure to make decisions or payments on time), Evogage Inc. reserves the right to extend the project timeline and apply a delay fee of $150 per day.
11. Safety and Security Clients agree to maintain a safe environment for workers. Unsafe or hazardous conditions must be addressed. Evogage Inc. reserves the right to halt work until conditions are addressed, and tampering with materials or tools is strictly prohibited.
12. Damage and Liability Evogage Inc. takes precautions to protect your property. However, they are not liable for minor incidental damage (e.g., drywall cracks, landscaping impact, dust migration). Evogage Inc. is also not responsible for pre-existing conditions or failure of aging systems. Clients must secure or remove valuables, pets, and breakables from work areas.
13. Photo and Video Use By engaging Evogage Inc.'s services, you grant them permission to take photos and videos before, during, and after the project for documentation and marketing. Identifying features or addresses will not be shared without consent.
14. Cancellation and Termination The client has 10 days to cancel the project after signing. After those 10 days, the deposit will be forfeited, and any incurred costs will be invoiced. Evogage Inc. reserves the right to terminate the agreement if the client fails to make payments, creates unsafe work conditions, or is non-cooperative.
15. Dispute Resolution Disputes will be resolved first through good-faith negotiation. If unresolved, both parties agree to mediation in Ontario before taking legal action. The agreement is governed by the laws of the Province of Ontario.
16. Entire Agreement These Terms and Conditions, along with the signed agreement and scope of work, constitute the entire understanding between the parties. No verbal agreements will override written terms.