Terms and Conditions

1.0 General

Touch of Class (Aluminum & Ironworks) (“we” or “us” or “our”) makes custom railings and other custom crafted metal  products (“custom metal work”). These Standard Terms and Conditions, together with the attached agreed quote, form our agreement to provide the services described, to the customer specified (“you” or “your”), in the agreed quote. These terms will also apply to any other work that we agree to do for you. Please note, our products are custom-crafted to your specifications. If those specifications are inaccurate, additional work may be required and charged to you at additional cost.

To extend the look and life of your custom metal work, you must ensure that your custom metal work will be attached to surfaces that are stable and capable of handling the installation, use and traffic. Foundations, deck, stairs, walls or other surfaces that are not solid & stable will cause the custom metal work itself be or become unstable. You must ensure that  surfaces are stable prior to installation of your custom metal work. We are not responsible to stabilize surfaces.

No matter what finish is applied, all custom metal work is susceptible to rust or corrosion, particularly at joints, screw-holes and welds. If you experience rust or corrosion problems, we would be pleased to discuss the potential remedies and costs of fixing or slowing the natural corrosion process.

2.0 Price variation and Cancellation
2.1 We quote on labour and estimate on materials. An estimate or quote does not constitute an offer until both you & us have signed the quote and attached it to these Standard Terms and Conditions. You agree to pay the actual cost of materials, taxes, duties or shipping costs, whether or not included on the estimate or invoice or if those actual costs increase from the date of our offer.

2.2 Your deposit is non-refundable 48 hours after the order has been
received by us, otherwise, provided we have not ordered any material or commenced any design work, you may cancel your
order on written notice to us. If we have ordered material or commenced any design work, you may cancel your order on
payment for any materials ordered or design work completed subject to a minimum payment of 20% of the total order value.

3.0 Installation, Brackets and Anchors, Permits & Site Preparation
3.1 If you have any special requests, they must be approved by us, in writing, prior to installation. If any permits or consents are
required, you will obtain them prior to installation. If any site preparation or any waste or dirt disposal is required (before or
after installation), you will make such preparations and disposals. 3.2 We do not normally apply paint or finish bolts, screws or other anchors; we do sell some touch up paints, if required. To insure proper installation, we may locate and install brackets, anchors, bolts, screws etc. in such location(s) as we in our discretion and without prior approval determine, which may differ from the locations depicted in any plans. We are not responsible for any damage that may result. 3.3 You are responsible to locate any hidden installations underground  or behind walls etc. that may be affected by the installation of the custom metal work. We are not responsible for, and you indemnify  us in respect of, any costs or damages resulting from damage done
or refinishing required to or in respect of a hidden installation.

4.0 Completion Dates, Delivery & Payment
4.1 Completion dates are estimated only. We are not be liable for any costs, damages, consequential losses or other losses arising from any delays, regardless of cause, to the installation of the custom metal work. 4.2 You agree to pay 50% of the quoted amount upon signing the quote. The balance is due on issuance of the invoice. You agree to pay interest at 2% per month from the date of invoice on any amounts remaining unpaid 7 days after invoice date.

 

4.3 We are not liable for any costs to you due to any delays delivery custom metal work to the job site or for anything not installed by us. If you require expedited delivery or special handling or a
remote job site, we may charge extra to cover any additional costs.

4.4 Should you request work be suspended or delayed or if it is due to site unpreparedness, and we decide it is necessary to store the custom metal work or return it to our facility, we may do so and
you shall pay any resulting charges for removal, storage, return to site, re-installation and any other additional costs.

5.0 Claims
Any query regarding the invoice or the goods supplied must be made to us in writing within 7 days of the later of invoice date or delivery date.

6.0 Liability
You are responsible for ensuring that the installation site is adequate and adequately prepared for the safe and secure installation of any custom metal work to be installed. We are not responsible to repair, reinforce, stabilize or take any other steps to improve the stability of the
installation site and we are not responsible for the failure or fatigue of the custom metal work due to the lack of stability of the installation site
and you indemnify us against any losses or damages whatsoever to you or to any third party arising from any delay in transit, improper
preparation, lack of security or stability of the installation site or improper use of the custom metal work.

7.0 Your Insolvency
If you cease to (or cannot) pay your debts in the ordinary course of business or as they become due or are insolvent, commit an act of bankruptcy, or are subject to a bankruptcy petition, you authorize us to (and we shall), without prejudice to other remedies:

7.1 suspend further work making or installing the custom metal work and to remove custom metal work whether fully or partially installed; and

7.2 to charge for work already carried out (whether completed or not) and materials purchased for you, such charge to be an immediate debt due to us; and

7.3 to have, in respect of all unpaid debts due from you, a general lien on all custom metal work in your possession (whether complete or
not) and to be entitled to dispose of such custom metal work in such manner and at such price as we think fit and to apply the proceeds towards such debts.

8.0 Legal Matters
8.1 We may decline to perform any custom metal work without providing a reason.

8.2 If you provide us with designs, you agree that you will only provide us with designs that you have a right to use and you indemnify us in respect of any claims, costs and expenses arising out of any claim that you did not have the right to use such designs.

9.0 Force majeure
We shall have no liability if we are unable to carry out any provision of the contract for any reason beyond our control, including (without
limitation) Act of God, legislation, war, fire, flood, drought, power failure, lock out, strike or other job action, or any inability to procure materials
required for the performance of the contract. If such a delay occurs, before work resumes you may, by written notice to us, elect to cancel
the contract as provided for in paragraph 2.0 and pay for work done, materials used, but otherwise will accept delivery when available.

10.0 Law
These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of British Columbia
and the exclusive jurisdiction of the courts therein.

11.0 Contacts
We may contact each other at our respective addresses, phone and/or
fax numbers as recorded on the front of our quote.

   

Hours of Operation:

Monday-Friday:

8:00 AM to 5:00 PM

Saturday:

By appointment only

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