Studworks Terms and Conditions for Supply and Installation
These Terms and Conditions ("Agreement") are applicable to all quotes and subsequent agreements made by Studworks Ltd ("Company") for the supply and installation of fenestration products ("Services"). By accepting a quote or engaging in our Services, the client ("Client") agrees to these terms.
Quote Validity
All quotes provided by the Company are valid for a period of 30 days from the date of issuance. After this period, the quoted prices are subject to change based on market conditions, supplier pricing, and material availability. Any requests for extensions of quote validity must be made in writing and are subject to approval by the Company.Material Pricing
The prices stated in the quote are based on current market rates for materials. Due to the volatile nature of the construction industry, material prices may fluctuate. If there are significant changes in material costs prior to the purchase, the Client will be informed of any adjustments to the final invoice amount. The Company reserves the right to pass on any cost increases to the Client if materials are not purchased within the quote validity period.Deposit
A deposit of 50% of the total quoted amount is required to secure materials and schedule the installation. This deposit must be paid within 10 days of quote acceptance to lock in pricing and secure the project timeline. Failure to provide the deposit within the specified time frame may result in price adjustments or project delays. The deposit is non-refundable, except under certain conditions outlined in Section 9 (Cancellation).Payment Terms
The remaining balance of the project cost is due upon completion of the Services. Payment terms are set to net 30 days from the invoice date. Payments not received within this period will incur a late fee of 2% per month on the outstanding balance. The Client agrees to make all payments by the methods specified in the invoice, which may include bank transfer, credit card, or check.Project Schedule
The estimated start and completion dates provided in the quote are based on material availability and current workload. These dates are subject to change due to unforeseen circumstances, including supplier delays or changes in the scope of work. The Company will communicate any schedule changes to the Client promptly. The Company is not liable for any delays caused by factors outside its control, such as adverse weather conditions, natural disasters, or supply chain disruptions.Scope of Work
The quoted price is based on the agreed-upon scope of work detailed in the initial quote. Any changes, additions, or omissions to the project scope requested by the Client must be communicated in writing and may result in additional charges. The Company will provide an updated quote or change order for approval before proceeding with any alterations to the original scope of work.Site Conditions
The Client is responsible for ensuring that the project site is prepared, accessible, and compliant with all necessary regulations and codes. Any delays caused by site conditions not previously disclosed to the Company may result in additional charges. The Client must ensure that the site is free of obstacles, hazards, or conditions that could hinder the installation process. Failure to do so may result in delays and additional costs.Material Storage Costs
If materials are purchased far in advance to avoid price escalation, storage costs may apply. These costs will be communicated to the Client and must be agreed upon prior to proceeding with the purchase. The Company will make every effort to store materials safely and securely, but it will not be liable for any damages or losses incurred during storage. Storage costs will be calculated based on the size and nature of the materials, as well as the duration of storage.Cancellation
In the event of project cancellation after materials have been ordered, the Client will forfeit the deposit. The Company reserves the right to charge additional costs associated with the cancellation, including but not limited to collection fees, legal fees, and any expenses incurred in the preparation or procurement of materials. Cancellations must be made in writing, and the Client will be provided with an itemized statement of any additional charges incurred as a result of the cancellation.Liability
The Company is not liable for any delays, damages, or losses caused by unforeseen circumstances beyond its control, including but not limited to supplier delays, natural disasters, acts of God, or governmental actions. The Company will take reasonable steps to mitigate any adverse effects and will communicate with the Client promptly regarding any issues that may arise. The Client agrees to hold the Company harmless from any claims, damages, or liabilities arising from the project, except in cases of gross negligence or willful misconduct by the Company.Force Majeure
Neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by events or circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, embargoes, government orders, or any other force majeure event.Engineered Anchors for Lifelines and Equipment
The General Contractor shall be responsible for the provision and installation of all engineered anchors required for securing lifelines, swing stages, and other related equipment necessary for the safe execution of work at heights. All anchors must be designed and approved by a professional engineer licensed to practice in British Columbia. The engineered design must comply with all applicable safety regulations, standards, and codes.
Prior to the commencement of any work requiring the use of lifelines, swing stages, or other related equipment, the General Contractor shall provide Studworks Ltd with the following documentation:Engineered Drawings: Detailed drawings specifying the type, location, and installation method of all anchors.
Engineer’s Certification: A signed and stamped letter from the professional engineer confirming that the anchors have been designed in accordance with applicable safety standards and are suitable for the intended use.
Installation Verification: Written confirmation that the anchors have been installed according to the engineered specifications, including any relevant testing or inspection reports.
No work at heights shall commence untilStudworks Ltd has reviewed and accepted the above documentation. The General Contractor is responsible for ensuring that the anchors remain in compliance throughout the duration of the project, including any necessary maintenance or re-certification
Change Orders
Studworks Ltd. and the General Contractor agree that change orders may be accepted verbally. Upon verbal acceptance of a change order, Studworks Ltd. will proceed with the work and will charge a standard rate of $75 per hour per worker unless otherwise noted in writing.
All change orders shall be billed separately and are due for payment within 30 days of the invoice date ("Net 30"). In the event of late payment, an interest charge of 2% per month (24% per annum) will be applied to the outstanding balance, regardless of whether the change order is under dispute or not. Studworks Ltd. reserves the right to suspend further work until all outstanding change orders are settled.Delay Clause
The General Contractor acknowledges that any delays in the project schedule, whether caused by the General Contractor, its subcontractors, or other factors beyond the control of Studworks Ltd., may result in increased costs. These costs include, but are not limited to:Material Costs: Fluctuations in the cost of materials due to delays, including but not limited to price increases, surcharges, or the need to procure alternative materials.
Labour Costs: Increases in the cost of labour due to extended project timelines, availability of skilled labour, overtime, or changes in labour market conditions.
Indirect Costs: Additional expenses incurred as a result of delays, including but not limited to storage fees, increased transportation costs, professional fees, and other related expenses.
Studworks Ltd. reserves the right to pass on any such additional costs directly attributable to delays to the General Contractor. All such costs will be invoiced at cost plus a 10% markup. These costs will be billed separately and are due within 30 days of the invoice date.
The General Contractor agrees to take all reasonable measures to prevent delays and to communicate promptly with Studworks Ltd. regarding any potential delays that may impact the project timeline or costs.
In the event of any delay, Studworks Ltd. will provide the General Contractor with a detailed account of the additional costs incurred, and the General Contractor agrees to reimburse Studworks Ltd. for these costs, including the 10% markup, in full.
Dispute Resolution
In the event of a dispute arising from or relating to this Agreement, the parties agree to attempt in good faith to resolve the dispute through negotiation. If negotiation fails, the parties agree to proceed to mediation before pursuing any legal action. All disputes shall be governed by the laws of British Columbia, and any legal proceedings must be conducted in the courts of British Columbia.Confidentiality
The Company and the Client agree to keep all information related to the project, including pricing, specifications, and proprietary methods, confidential and not to disclose such information to any third party without prior written consent from the other party.Entire Agreement
This Agreement constitutes the entire agreement between the Company and the Client regarding the Services and supersedes all prior agreements, understandings, or representations, whether oral or written. Any amendments or modifications to this Agreement must be made in writing and signed by both parties.Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.Notices
Any notices required or permitted under this Agreement must be in writing and delivered to the addresses provided by each party. Notices may be delivered by email, certified mail, or personal delivery, and will be deemed received upon confirmation of delivery.Assignment
The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company. The Company reserves the right to assign its rights and obligations to any affiliate or successor.Limitation of Liability
The Company’s liability for any claim arising from or related to this Agreement, whether in contract, tort, or otherwise, shall be limited to the amount paid by the Client for the Services. In no event shall the Company be liable for any indirect, consequential, incidental, or punitive damages.