Terms & Conditions
You will receive an Estimate, comprising of a description and an approximation of the cost. Though every effort will be made to complete the work to schedule you will however be liable to pay all costs associated with the project below.
The reason Terms are necessary is to produce a reputable transaction, bounded by contract, to protect both parties.
By employing Dirty Bobs Inc. you accept these terms.
The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluding in writing by the contractor.
The scope of the work | |
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1.1 | The contractor shall carry out and complete landscape works described in the estimate document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. |
1.2 | The contract documents shall contain the estimate and any other document referred to in the estimate. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by the contractor. |
1.3 | The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements. |
Estimate | |
2.1 | The estimate is a best approximation, which shall remain open at the appropriate discretion of the contractor, to correctly complete the work. |
2.2 | The contractor reserves the right to increase the value of this contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond his control. |
2.3 | Acceptance of the estimate involves acceptance of these terms in conditions. This represents a binding contract between the parties. It should be noted by client that any attempt to cancel by the client will involve the client being liable to cancellation fee and any loss of expenses incurred as a result at the discretion of contractor. (Up to a maximum of 50% of the total of estimate.) |
Payment | |
3.1 | The client accepts that he/she will pay the contractor the full contract sum (all costs incurred). |
3.2 | All accounts are net and do not provide for any discounts or retentions. |
3.3 | The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate. |
3.4 | Unless otherwise stated payments are immediately due on receipt of invoice. |
3.5 | Interest will be charged beginning at the net 30 date at a rate of 2% interest until actual payment is received. |
3.6 | After 90 days if accounts are still overdue they will be handed to a collection agency. |
The Site | |
4.1 | The client warrants that the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground, the contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work. |
Delay disruption | |
5.1 | The contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specific date if agreed. |
Materials on-site | |
6.1 | Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. |
Maintenance after completion | |
7.1 | The contractor undertakes to execute the scope of this contract. The proper maintenance of the site however passes to the client upon practical completion, unless otherwise agreed in writing. |
Acting agents | |
8.1 | The contractor has no responsibility or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to start of contract. It is the responsibility of the agent to bring these terms of business to the attention of the client. |
General | |
9.1 | This contract shall be regarded as an Alberta contract and shall be executed in accordance with the laws of Alberta. |
Last Updated: Sep 26, 2016