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General Terms and Conditions
[/vc_column_text][vc_column_text]Defintions: Maki Contruction hereinafter referred to as “Customer”. MYC Graphics Inc. hereinafter referred to as “Issuer”.
Contract Form: Acceptance of this quote by Customer shall constitute a binding contract. In the event the Customer issues its own form of purchase order or contract, the terms and conditions contained herein shall be incorporated and form part of such purchase order or contract.
Credit: Approval of Customer’s credit by the Issuer is required notwithstanding Customer’s acceptance of this quote.
Expiry: Notwithstanding the above, this quote shall expire unless accepted by Customer within 30 days from the date shown on first page.
Terms of Payment: All payments shall be made by Customer in Canadian funds with a minimum 50% deposit required prior to commencement of work with the remaining due upon completion of work, without set-off, deduction or back-charges. In the event that a project cannot be accurately quoted (i.e. partial vehicle wrap) prior to a final design, we require a design deposit which is based on the estimated time required for design with the reminder due on completion of design. Our initial quote will be based on all the information provided by a customer. This quote can be considered final unless some information was missed, not included, or misleading. In the event that something has been missed it is usually caught during the design, production, or installation when pictures and measurements are taken of a vehicle or building which may have previously been unavailable to the Issuer to measure. Should any issues arise the Issuer will advise the Customer of the revision and provide a revised quote for the completion of the project. Should the Customer no longer wish to proceed after receiving the revised quote the Customer may cancel the this Contract and is responsible for all costs and invoices incurred by the Issuer up the current portion of the contract. Customers shall pay interest on all invoice amounts not paid within the above terms and condition of the completion date at a rate of 18% per annum calculated on a daily basis from such date.
Stock Photography: The Issuer often uses stock photography to aid in design which saves our customers money. Rather than creating something from scratch which could take several hours it is often easier to buy an image which is similar and alter it for a specific design. When using the stock photo sites we use each stockphoto/image purchased will cost $25. Some web sites are more expensive and should a customer send us a photo from a different site where it cost more the cost of that image from that specific site will be billed.
Customer Responsibilities: Cleaning Fees – Our installers will naturally clean any surface which they wil be installing graphics to. This cleaning typically entails cleaning the surface with various cleaning products. This is a basic cleaning to prep the surface for graphics and does not including heavy cleaning. Vehicle need to be taken through a car wash prior to being dropped off. Building windows and other surfaced need to also be cleaned prior to our installers showing up on site. Should our installer be required to scrape off and clean surfaces which appear to not have been cleaned in a long time, during or after construction in the vicinity a cleaning charge may apply.
Removal of Graphics – When we are asked to quote a job please remember to mention if there are existing graphics which need to be removed. Removal can take anywhere from a few minutes to several hours. It can often delay the installation and completion date if we are not notified of existing graphics which need to be removed. In the event where we have quoted a job for installation and no mention of existing graphics has been brought to our attention; An hourly removal charge will automatically be charged on the final invoice.
Customer Changes and Revisions – It is normal for a design to go through several design stages and rounds of changes. Due to the number of projects which we work on simultaneously as well as the number of changes which are sometime required during a single session. We require any and all changes to be made with one of the following option. 1) Email – Email is the preferred way we would like to receive changes. This was we have a documented request and can always ensure all changes are made to your standards. 2) Design Appointment – If you would like to setup a design appointment with one of our designers we would be more than happy to do that. This way any changes can be done with you immediately and often speeding up the design process and while ensuring changes are done to your satisfaction. In many cases it helps our designers for customer to discuss changes over the phone to better understand what is required. This is encouraged but should be preceded with an email which the designer can follow during the discussion and take notes on and further elaborations regarding those changes. Our policies require our designers to only make changes which have been submitted through one of the above options.
Customer Supplied Print Ready Artwork – Print Ready artwork is considered to be a PDF file which does need to be checked, resized, adjusted or modified in any way. In other words it does not require any design or setup time. Customer Supplied Artwork is different than Customer Supplied Print Ready Artwork. In general when we are received Print Ready artwork the setup charge is less as it requires do design setup just printer setup and calibration. There is also no design time quoted as it is not required.
Installation Obstructions – On-site installations are a part of our daily schedule. When we quote a project we usually estimate the installation time fairly accurately. Our installers always try to do an amazing job and complete it on time. We try to anticipate every obstacle we will face prior to the installation however sometime obstacles can delay the installation or post pone it for days.
Force Majeure: The Issuer is not responsible for delays in providing the services, material or labor caused in whole or in part from transportation tie-ups or delays, priorities, strikes, picketing, boycotts, labor disputes, inclement weather, accidents, riots, war, acts of God, or other causes beyond the Issuer’s control. The Issuer shall be entitled to vary the price quote herein in the event of unforeseen escalation in the prices of materials. Should the Issuer provide notice of this occurring, the Customer shall be entitled to terminate the contract herein.
Insurance: The Customer, at its sole expense and throughout the period in which the services are performed until the Issuer has been paid in full, shall maintain all risks insurance coverage for the full value of the work and materials set forth in the quote, naming the Issuer as an additional insured. The Customer shall provide certified copies of any such policy of insurance upon the Issuer’s request. Any loss covered under such policies of insurance shall be paid to the Customer and the Issuer as their respective interests may appear. Any such loss shall not affect the rights and obligations of the parties hereto, and the Issuer shall be entitled to a reasonable extension of time in which to complete the work.
Default: If the Customer fails to make any payments as provided for herein, or otherwise breaches this contract, or if this contract is frustrated, or if the Customer should become insolvent, be petitioned into or have a petition filed for the purposes of bankruptcy or other debt relief legislation, or have a receiver appointed, then the Issuer may, in its sole discretion cease work immediately and shall be entitled to recover payment in full for the unpaid material and labor provided plus damages for loss of profit for the entire amount of the contract. Any failure by the Issuer to insist upon a strict performance of any of the terms herein shall not be deemed a waiver of any rights or remedies that the Issuer may have and shall not be deemed a waiver of any subsequent breach or default in the terms contained herein.
Liability: The Customer hereby indemnifies and holds the Issuer and its employees, subcontractors, suppliers and agents harmless from and against all liability, loss, damage, costs or expenses (including legal expenses) which the Issuer or such parties may suffer relating to: (a) all loss or damage to the materials including the finished work and the Issuer’s equipment used to complete the services, resulting from theft, misuse, fire, water damage, flood, direct or indirect wind damage, hail, lightning, explosion, riots, impact by vehicles, damage by other trades, smoke damage and any hazard or risk not caused by the Issuer’s employees or agents; (b) all claims, demands, actions, suits, penalties or proceedings (“Claims”) arising out of or resulting from the presence of toxic or hazardous substances or materials not previously disclosed to the Issuer; and (c) all Claims for liquidated damages or otherwise by the Customer or third parties (including the owner) or for indirect or consequential damages, loss of profits, delay of use or occupancy other than direct damages to physical property or injury to persons directly attributable to the sole negligence of the Issuer. Notwithstanding anything contained herein, in no event shall the Issuer’s aggregate liability to the Customer and third parties for any single or series of incidents exceed $2,000,000.
Installation: The Issuer’s method of installation shall be consistent with the specifications set out for the project by the Customer for which the materials and labor are provided. The Customer hereby warrants that, once commenced, the services may be completed without interruption by the Issuer. If the Customer requires variations to the materials or labor for the project or if the Issuer’s work is delayed by an act or omission of the Customer or by a stop work order not attributable to the Issuer, then the Issuer shall be paid for such variations or the reasonable costs resulting from such delay.
Installation Cancellation: If a project has been scheduled for installation on a specific day and is requested to be cancelled, moved, or postponed within 5 business days of the booked installation date; a cancellation charge of $400 will be invoiced to the Customer. Due to our production requirements it is difficult to fill an empty days with a 5 business days notice. Please keep this time frame in mind during the design process while working on deadline oriented projects.
Compliance with Laws: Where additional subcontractors or trades are performing work on the job site, the general contractor or the owner, as the case may be shall coordinate all activities and assume responsibility for complying with health and safety legislation. The Issuer shall not be responsible for any damages or costs resulting from specifications not conforming to laws, bylaws, building codes, regulations or ordinances. Unless otherwise indicated, the contactor or owner shall be responsible for all approvals, permits and easements for the work unless specified otherwise on the above quote.
Limitation of Warranty: In the event where the Customer requires a rush order and the Issuer does not have the allotted time to complete the job in a time frame specified by manufacturers, suppliers, or good business/production practices the Customer shall waive their right to any future claims or warranty claims.[/vc_column_text][/vc_column][/vc_row]
