terms and conditions

1. Scope of Work

The work detailed in this invoice/estimate encompasses epoxy and advanced coating services as specified and agreed upon in the contract. The services provided include comprehensive surface preparation, such as cleaning, grinding, crack repair, to ensure optimal adhesion and performance of the coating system. Depending on the project requirements, we may use a range of premium materials including epoxy, polyaspartic, polyurethane, polyurea, and aliphatic urethane, all applied to meet the highest industry standards. All work will adhere to the Ontario Building Code and relevant local regulations to ensure a safe, durable, and visually appealing finish.

Any additional work requested by the client outside the agreed scope—such as design changes, unforeseen substrate preparation needs, or adjustments due to site conditions—will require a separate estimate and prior written approval. Such changes may impact the overall cost and project timeline. The scope of work excludes any responsibilities for pre-existing structural deficiencies, concealed damages, or site conditions not disclosed before the commencement of work. If such conditions are identified during the project, additional charges may apply for necessary remediation to ensure a proper and lasting finish.

2. Materials and Quality

We are committed to delivering the highest quality results by using advanced techniques and state-of-the-art materials tailored to each project’s unique requirements. While we do use epoxy when suitable, our services primarily rely on premium materials such as polyaspartic, polyurethane, polyurea, and aliphatic urethane coatings. These materials are carefully selected based on their superior performance, durability, and suitability for specific environments.

Key Benefits of Our Materials:

1. Polyaspartic Coatings:

  • Fast curing time, allowing for quicker project completion.
  • High UV resistance, preventing yellowing and maintaining color vibrancy over time.
  • Exceptional durability against abrasions, impacts, and chemical exposure.
  • Suitable for both indoor and outdoor applications.

2. Polyurethane Coatings:

  • Flexible and resistant to cracking, even with substrate movement.
  • Superior resistance to stains, scratches, and moisture.
  • deal for high-traffic areas due to its long-lasting finish.

3. Polyurea Coatings:

  • Rapid curing for minimal downtime.
  • Excellent resistance to extreme temperatures, making it ideal for industrial and outdoor applications.
  • High elasticity, providing superior resistance to wear and tear.

4. Aliphatic Urethane Coatings:

  • Outstanding UV stability and color retention.
  • High gloss and aesthetic finish with excellent abrasion resistance.
  • Perfect for environments requiring both durability and visual appeal.

We carefully evaluate each project’s requirements and conditions, such as the substrate, environmental exposure, and client preferences, to determine the most suitable materials and techniques. Our proven application methods ensure a durable, visually stunning finish that exceeds industry standards.

Please note that slight variations in texture, color, or appearance may occur due to the nature of these materials and the condition of the existing surface. However, our meticulous preparation and application processes aim to achieve the best possible results every time.

3. Site Preparation

Proper site preparation is essential for the successful application of our flooring systems. The client is responsible for ensuring the work area is clear and ready for the application process unless otherwise agreed upon in writing. This includes, but is not limited to:

1. Clearing the Work Area:
  • All furniture, fixtures, equipment, and personal belongings must be removed from the designated area before our team arrives
  • Any items left in the work area may delay the project and incur additional fees for removal or storage.
2. Obstacles and Accessibility:
  • Thework area must be free of obstacles, including heavy machinery, constructionmaterials, or debris. If additional clearing is required upon our arrival,extra charges may apply.
  • Ourteam must have clear access to the site, including doorways, hallways,stairwells, or elevators (where applicable);
3. Utilities:
  • Theclient must ensure that necessary utilities, such as electricity, water, andadequate lighting, available during the project. These are critical for propersurface preparation and coating application.
4. Structural Integrity and ExistingConditions:
  • Thesubstrate must be in a structurally sound condition. If issues such as cracks,excessive, or deteriorated concrete are discovered, these must be addressedbefore the project proceeds. We can provide remediation services at anadditional cost if required.
  • Anypre-existing conditions, such as uneven surfaces or damage, should be disclosedbeforehand to ensure accurate estimates and planning.
5. Environmental Factors:
  • The client is responsible for maintaining appropriate environmental conditions, including temperature and ventilation, during the project. Certain materials require specific conditions for curing and adherence, and failure to meet these standards may delay the project or affect the results.
6. Safety and Compliance:
  • For safety reasons, access to the work area should be restricted to authorized personnel only during the project. This helps prevent accidents and ensures the integrity of the application process.
7. Additional Agreements:
  • If the client requests our assistance with clearing the area, this must be agreed upon in advance and may involve additional charges.

4. Payment Terms

Payment for services rendered is subject to the following terms and conditions, in accordance with Ontario legislation and industry standards:

1. Deposit Requirement:

● A deposit of 50% of the total project cost is required before work begins. This deposit secures

your project in our schedule and covers initial material and preparation expenses.

2. Payment Upon Completion:

● The remaining balance is due within 7 calendar days of project completion. Invoices will be

issued promptly upon final inspection and approval of the work.

3. Accepted Payment Methods:

Payments can be made via:

● Cheque

Bank transfer (details will be provided on the invoice)

Credit card (subject to applicable processing fees)

4. Late Payment Terms:

● Any invoices not paid within the 7-day period will be considered overdue.

● A 5% interest charge will be applied to past-due invoices every 30 days until the balance is paid in full.

● If payment remains outstanding beyond 60 days, we reserve the right to initiate collection procedures as permitted under Ontario law, with any associated costs being the responsibility of the client.

5. Project Delays Due to Payment:

● Work will not commence or may be paused if the deposit is not received as per the agreed terms. Similarly, late payment of the balance may result in additional fees and project delays.

6. Cancellation Policy:

● Deposits are non-refundable if the client cancels the project less than 14 days before the scheduled start date, as materials and resources are allocated in advance.

7. Final Approval:

● The client is required to inspect and approve the completed work before the final invoice is issued. Approval signifies acceptance of the completed project as per the agreed scope. By proceeding with the project, the client agrees to these payment terms. If you have any questions or require alternative arrangements, please discuss them with us before work begins.

5. Warranty

We stand behind the quality of our work and the premium materials we use, we don't want you to pay twice for the same work, ensuring our clients receive durable and exceptional results. Unlike many other companies, we proudly offer a 2-year warranty against peeling, cracking, or delamination directly caused by defects in materials or workmanship. Additionally, any warranty disputes or assessments to determineif an issue qualifies as a warranty claim are conducted free of charge, ensuring a transparent and stress-free process for our clients.

What is Covered:

● Adhesion failures or defects resulting from improper preparation or material handling by our team.

● Material defects in the coatings used during the installation.

● Any issues arising under normal usage conditions, as outlined in our care and maintenance guidelines.

What is Not Covered:

The warranty does not cover damage or defects caused by factors outside our control, including but not limited to:

1. Misuse or Abuse:

● Heavy impacts, dragging heavy or sharp objects, or improper handling of equipment on the coated surface.

● Intentional damage or vandalism.

2. Improper Maintenance:

● Failure to follow recommended cleaning and maintenance procedures.

● Use of harsh chemicals, abrasive cleaners, or non-approved cleaning agents.

3. Environmental Factors:

● Excessive moisture, flooding, or water infiltration from surrounding areas.

● Extreme temperatures or temperature fluctuations beyond the coating’s tolerance.

● Prolonged UV exposure on non-UV-stable coatings.

4. Pre-Existing Substrate Issues:

● Structural settling, movement, or cracking in the substrate after coating application.

● Moisture vapor transmission or efflorescence from the substrate.

5. Alterations or Repairs by Others:

● Modifications, repairs, or reapplications made by the client or a third party without our written approval.

6. Other External Factors:

● Accidents, negligence, heavy industrial usage beyond the design specifications, or abnormal wear and tear.

Conditions of the Warranty:

● This warranty is valid for the original client and is non-transferable.

● Any claims must be submitted in writing within 14 days of identifying a potential issue. Documentation, such as photos and a detailed description, will be required for evaluation.

● If a claim is determined to be valid, we will repair or reapply the affected area at no additional cost to the client. By offering this extended warranty and complimentary assessment, we aim to provide peace of mind and superior customer service. If you have any questions or require further assistance, please don’t hesitate to contact us.

6. Cancellations and Rescheduling

Either party may cancel or reschedule the contract with a minimum of 14 days’ written notice before the scheduled start date. This ensures adequate time to adjust schedules, allocate resources, and prevent unnecessary costs.

Cancellations:
1. Prior to Work Commencing:

● If the contract is canceled with at least 14 days’ notice, the deposit will be refunded, minus any non-recoverable expenses incurred for materials or preparation.

2. Less Than 14 Days’ Notice:

● For cancellations made with less than 14 days’ notice, the deposit will be forfeited to cover administrative and scheduling costs.

3. After Work Has Begun:

● If cancellation occurs after work has commenced, a cancellation fee of 25% of the total contract value will apply. This fee covers labor, materials used, and any disruption to our project schedule.

Rescheduling:

● Requests to reschedule must be made in writing at least 14 days before the scheduled start date.

● If rescheduling is requested with less than 14 days’ notice, a rescheduling fee may be applied to account for adjustments in labor and resource allocation.

Conditions for Cancellation by Us:

We reserve the right to cancel the contract if:

● The client fails to provide the required deposit or payment as outlined in the payment terms.

● Site conditions are deemed unsafe or unsuitable for the agreed work.

● Unforeseen circumstances beyond our control (e.g., severe weather or emergencies) necessitate the cancellation or delay. In such cases, the deposit will be fully refunded, and no cancellation fee will be charged.

7. Surface Conditions

The quoted price is based on the assumption that the existing surface is in a condition suitable for epoxy application, as described by the client and/or observed during our initial assessment. Proper adhesion, durability, and the overall quality of the finished product depend on the condition of the substrate. Therefore, the following terms apply:

Client Responsibilities:

1. The client must disclose any known issues with the existing surface, including:

● Cracks, unevenness, or damage.

● Previous coatings or treatments that may interfere with adhesion.

● Potential moisture or water infiltration.

● Any structural defects in the substrate.

2. If the surface condition has changed since the initial assessment (e.g., additional damage or wear), the client must notify us prior to the project start date.What We Assess and Assume:

1. The quoted price includes surface preparation based on the information provided and our initial

assessment.

2. If unforeseen conditions are discovered during the preparation process, such as:

● Excessive or hidden cracks.

● Structural instability.

● High levels of moisture or dampness in the substrate.

● Contamination by oils, chemicals, or other substances.

● Previous coatings requiring additional removal.

● Substrate delamination or other integrity issues.

Additional preparation steps may be necessary to achieve a proper foundation for the coating. These additional services will be discussed with the client and billed accordingly.

Potential Additional Costs:

● If significant repairs, substrate leveling, moisture mitigation, or removal of prior coatings are required, these will incur additional charges.

● Work will only proceed with the client’s written approval of these adjustments.

Limitations of Liability:

1. 2. 3. We are not responsible for issues caused by pre-existing substrate defects, including structural instability or moisture problems, that were not visible or disclosed prior to starting the project. If the client declines recommended remediation work, any resulting failures, such as peeling, cracking, or delamination, will not be covered under warranty. We cannot guarantee the outcome of the coating application if the substrate condition is beyond repair or if remediation work is refused.

8. Change Orders

Any changes to the agreed-upon scope of work must be formally documented in a Change Order signed by both parties. This ensures clarity, transparency, and mutual agreement on the modifications to the project.

Change Order Requirements:

1. Documentation:

● All changes must be outlined in a written Change Order that details:

● The specific adjustments to the original scope of work.

● The reasons for the changes.

● Any additional materials, labor, or services required.

● The associated costs and revised project timeline, if applicable.

2. Client Approval:

● No changes will proceed without the client’s written approval. This approval acknowledges understanding of and agreement to the additional costs, timeline adjustments, or any other implications.

Additional Costs:

● Changes may result in additional charges, including but not limited to:

● The cost of extra materials or specialized products.

● Additional labor required to complete the modified work.

● Any necessary adjustments to accommodate unforeseen conditions or client-requested design alterations.

● All additional costs will be communicated clearly and agreed upon in writing before work proceeds.

Timeline Adjustments:

● Changes to the project scope may extend the completion timeline. The revised schedule will be included in the Change Order and communicated to the client.

Unauthorized Changes:

● If the client or a third party makes modifications to the project without our prior approval, we are not responsible for any resulting defects, delays, or warranty voids.

9. Completion Timeline

We are committed to completing all projects within the estimated timeline provided at the start of the agreement. However, several factors may influence the progress and duration of the work, and it is important to account for potential unforeseen delays.

Estimated Timeline:

1. The timeline provided in the project estimate is based on:

● The agreed scope of work.

● Current site conditions at the time of inspection.

● Availability of required materials.

● Anticipated weather conditions (for outdoor projects).

2. The completion date is an estimate and not a guaranteed deadline unless otherwise stated in writing.

Potential Causes of Delays:

While we take every precaution to adhere to the timeline, the following factors may result in delays:

1. Weather Conditions:

● Outdoor or semi-enclosed projects may be affected by rain, extreme temperatures, high humidity, or other weather conditions that can impact the curing process or material application.

● For coatings requiring specific environmental conditions, work may be paused to ensure optimal results.

2. Site Conditions:

● Unforeseen issues such as substrate defects, excessive moisture, or undisclosed damage discovered during the preparation process.

● Delays in site readiness, including incomplete clearing of the work area or restricted access.

3. Material Availability:

● Supply chain disruptions or unexpected shortages of specific materials.

● Custom materials or finishes requiring extended lead times.

4. Client-Requested Changes:

● Modifications to the scope of work or design may require additional time for planning, material procurement, or execution.5. Other Factors Beyond Our Control:

● Acts of nature, emergencies, or delays caused by third parties (e.g., other contractors working on-site).

Communication and Transparency:

● Should any delays occur, we will:

● Notify the client immediately.

● Provide a clear explanation of the cause and its impact on the timeline.

● Offer revised completion estimates and discuss any adjustments to the project schedule.

Mitigation Measures:

● T o minimize delays, we:

● Conduct thorough site inspections before starting work to identify potential risks.

● Plan carefully and stock materials as early as possible.

● Maintain open communication with clients and suppliers to resolve issues promptly.

10. Client Obligations

T o ensure the successful completion of the project, the client agrees to fulfill the following obligations. These requirements are essential for maintaining an efficient workflow, meeting the agreed timeline, and achieving the highest quality results:

1. Property Access:

● The client must provide unrestricted access to the worksite for the duration of the project, including:

Entry to the property: Clear access to doors, gates, stairways, or elevators as needed.

Parking: A suitable area for our vehicles and equipment, including designated spots for loading and unloading materials.

Secure Access: If the property is locked or restricted, arrangements must be made to provide keys, codes, or access passes to authorized personnel.

● Access delays caused by restricted property entry may result in additional charges or timeline adjustments.

2. Utilities and Worksite Readiness:

● The client must ensure the following utilities are available and functional during the project:

Electricity: For operating equipment (Ir required), tools, and lighting.

Water: For surface preparation, cleaning, or any other work-related needs.

Lighting: Sufficient lighting for safe and efficient work during all scheduled hours.

● If utilities are unavailable, the client must inform us in advance. We may arrange for alternative solutions at an additional cost.

3. Site Preparation:

● The client is responsible for preparing the worksite as detailed in the Site Preparation section, which includes:

● Clearing furniture, fixtures, and other obstacles from the work area.

● Disclosing any known issues with the existing surface, substrate, or property conditions that may impact the project.

● Maintaining a clean, safe, and hazard-free environment.

● Failure to meet these requirements may lead to delays, additional preparation fees, or the suspension of work until the site is deemed suitable.

4. Environmental Conditions:

● For optimal results, the client must ensure the site meets necessary environmental conditions, including:

● Appropriate ventilation for curing and application processes.

● Maintaining temperature and humidity levels within the acceptable range specified for the coating materials.

● If the client is unable to control environmental conditions (e.g., for outdoor projects), they must notify us to allow for schedule adjustments.

5. Communication and Approvals:

● The client agrees to maintain clear and open communication throughout the project. This includes:

● Providing timely responses to requests for information or approvals related to scope changes, design decisions, or unforeseen conditions.

● Reviewing and approving Change Orders or additional costs in writing to prevent delays.

6. Restricted Access to the Worksite:

● The work area must remain free of unauthorized personnel during the project to ensure safety and prevent accidental damage. Any damages or delays caused by unauthorized access may result in additional fees.

7. Timely Payments:

● The client agrees to make payments as per the terms outlined in the Payment Terms section. Failure to meet payment obligations may result in work suspension or project cancellation.

11. Final Approval

Upon completion of the project, the client will have the opportunity to inspect the work to ensure it meets the agreed specifications and quality standards.

Inspection and Approval Process:

1. Completion Notification:

● The client will be notified when the project is complete and ready for inspection.

2. Client Inspection:

● The client is responsible for inspecting the completed work within 14 calendar days from the date of completion.

● During the inspection, the client should thoroughly review the finished surface for any issues or discrepancies.

3. Raising Concerns:

● Any concerns, defects, or issues identified during the inspection must be communicated to us in writing within the 14-day inspection period.

● We will address and resolve valid concerns promptly to ensure client satisfaction.

After the Inspection Period:

● If no concerns are raised within the 14-day period:

● The project will be considered fully approved and completed to the client’s satisfaction.

● Any subsequent concerns will be assessed on a case-by-case basis but may not qualify as warranty claims unless covered under the warranty terms.

12. Disputes

Any disputes or disagreements arising from this agreement shall be resolved through mediation or arbitration, as determined by mutual agreement, and in accordance with Ontario law. Both parties agree to participate in good faith to reach a fair and amicable resolution.

Mediation:

● If a dispute arises, the parties will first attempt to resolve the issue through mediation with a mutually agreed-upon mediator.

● The costs of mediation will be shared equally by both parties, unless otherwise agreed.

Arbitration:

● If mediation fails to resolve the dispute, the matter will proceed to binding arbitration in accordance with the rules of the Arbitration Act, 1991 (Ontario).

● The decision of the arbitrator will be final and binding on both parties.

● Arbitration will take place in a location within Ontario, as agreed upon by both parties.

Jurisdiction:

● This agreement and any disputes arising under it shall be governed by the laws of the Province of Ontario. The venue for any legal proceedings will be within the jurisdiction of Ontario courts if mediation or arbitration does not resolve the dispute.

Good Faith Agreement:

Both parties agree to communicate openly and honestly during dispute resolution efforts and to act in good faith to reach a fair outcome.

Client Agreement and Signature

By signing below, the client acknowledges that they have read, understood, and agree to the terms and conditions outlined in supplied document, including the scope of work, materials and quality, site preparation, payment terms, warranty, cancellations and rescheduling, surface conditions, change orders, completion timeline, client obligations, final approval, and dispute resolution. The client further agrees that any changes or additional agreements must be documented in writing and signed to be enforceable.