TERMS AND CONDITIONS
01 WARRANTY TERMS
General
I. Silverbirch Cabinetry & Millwork Inc. products carry a 1-year warranty for workmanship and finish under normal use.
II. The hardware warranty is the specific hardware manufacturer’s warranty.
Wood & Wood Substrate
I. There will be variations of wood grain, pattern, and colour because wood is a natural material. Variations in wood grain characteristics: colour, wood type, and specific grain imperfections such as small knots are not considered a defect. Variations within 10% of the sample are considered acceptable per industry standards.
II. Due to the natural expansion and contraction of solid wood and wood substrates, light warping, shrinking, and expansion might occur, which is deemed tolerable as per industry standards.
Finishes
I. We use the finest finishing materials available. Our materials and techniques make for a very durable finish that is highly resistant to moisture, chemicals, and light exposure. Typically, finishes turn slightly amber, and wood darkens or lightens from the effects of light over time.
II. Color changes over time are not considered a defect. When looking at samples, please remember that all our techniques are hand-applied, and inconsistencies will vary from sample to finished project and within the finished project itself. Veneers may also finish differently from solid woods. Silverbirch Cabinetry & Millwork Inc. uses the best techniques we have mastered through the years to keep all finishes as consistent as possible. Variations in product due to finishing technique are not considered a defect. Variations within 10% of sample are deemed acceptable as per industry standards.
Post Installation Issues
I. We suggest running the heat and/or air conditioning along with your
humidification/dehumidification system for a minimum of 4 weeks before new millwork is installed, as large changes in humidity and temperature will affect the residence and our millwork. This may cause movement and settling of framed structures and millwork, causing cracking of millwork or gaps to open between installed millwork and existing homes and within the millwork itself. Problems caused by this are not covered under our warranty, and repairs will be charged on a time and materials basis at a minimum rate of $90 per hour.
02 DESIGN DRAWING SERVICE AGREEMENT
1. DESIGN DRAWINGS by Silverbirch Cabinetry & Millwork Inc. are an option for the Client who does not already possess design drawings. Design drawings will include the following:
a. Floor plans;
b. Elevations;
c. All critical dimensions, details, and location of appliances/electronic components relevant to the cabinetry.
2. Upon signing and/or paying in full the Design Sales Order, design services as outlined below will commence. After the services are completed, design drawings will be provided to the Client for their own use.
3. A Silverbirch Cabinetry & Millwork Inc. representative will travel to the project location to conduct a site measure for the design. Travel costs are included in the Design Rate.
4. Unless otherwise specified, the first set of Design Drawings will be sent to the Client for approval within approximately 1- 2 weeks of the site measure.
5. Anything not specifically addressed as being provided by Silverbirch Cabinetry & Millwork Inc. on the drawings or submittals is not included. For example, the client must provide the general dimensions of appliances (stove, fridge, microwave, etc.).
6. 3D renderings are not included in our rates but can be priced separately upon request from the Client.
7. Design fees will be based on a flat rate per room per the Design Rate Schedule below, with the allowance of two (2) revisions. Requested revisions by the Client beyond this will be charged at a rate of $125.00 per hour.
8. The Client is asked to take time to carefully review the first design draft they are presented and list the changes they would like before submitting their Revision to Silverbirch Cabinetry & Millwork Inc. to avoid additional hourly charges.
9. Silverbirch Cabinetry & Millwork Inc. defines a “Revision” as any change or group of changes submitted at a given time, in writing, by the Client to Silverbirch Cabinetry & Millwork Inc. after the first design draft is released to the client.
10. After the first review by the Client, revised design drawings with minimal changes will be supplied within approximately one week of receiving the revisions. Revised drawings with large changes to the size, scope and design of the cabinetry may take up to two weeks unless otherwise specified.
11. The client may request a Made-To-Order Estimate from Silverbirch Cabinetry & Millwork Inc. based on the design drawings at this time. The time required to complete an estimate will vary but will come at no charge.
12. If the Client chooses to move ahead with Silverbirch Cabinetry & Millwork Inc. to manufacture the designed cabinetry, a final design drawing will be signed off on by the Client, and a Made to Order Agreement will be signed.
13. When the Client agrees to move ahead with manufacturing the cabinetry with Silverbirch Cabinetry & Millwork Inc., we will produce one set of Issued for Construction (ICF) Drawings - technical drawings produced for the purpose of manufacturing the designed cabinetry - at no additional charge. These drawings will include the following:
a. Floor plans;
b. Elevations;
c. All critical dimensions, details, and location of appliances/electronic components dimensions relevant to the cabinetry.
14. Anything not specifically mentioned, either in the Design Sales Order or in the Issued for Construction (ICF) Drawings, as being provided by Silverbirch Cabinetry & Millwork Inc., is not included.
15. Any changes requested by the Client after the Final Design Drawing has been signed off on will be charged a drawing fee of $125.00 per hour, with a one-hour minimum charge.
16. DESIGN RATE SCHEDULE
The following rates include drive time to and from the project site, site measurements, initial drawing time and two (2) Revisions. HST at a rate of 13% will be charged in addition to the rates below.
03 MADE TO ORDER AGREEMENT
This agreement outlines the expectations between Silverbirch Cabinetry & Millwork Inc. and the Client regarding how the Project will proceed through its natural stages.
1. PROPOSAL QUOTE
a. Quoted prices are valid for 30 days after the Client receives the initial estimate. Silverbirch Cabinetry & Millwork Inc. reserves the right to adjust prices if the initial estimate is approved after this period.
2. FUTURE DATED WORK
a. For any work that is not scheduled to be completed within 6 months of the initial estimate, Silverbirch Cabinetry & Millwork Inc. reserves the right to make price increases due to any or all of the following: inflation, increased overhead, increased labour costs and/or increased material costs
3. DEPOSIT
a. Upon the Client's acceptance of the quote and selection of any applicable options, Silverbirch Cabinetry & Millwork Inc. will provide a Sales Order and request a 50% non-refundable deposit of the total outlined price (herein referred to as “the Deposit”).
b. Signing the sales order and payment of the deposit will initiate the project's commencement. Upon receipt of the deposit payment, all terms and conditions in this document will be in full effect.
4. CHANGES TO PROJECT
a. After the Deposit is paid, there will be no extra charges for the cabinetry - outside those outlined in Additional Charges below - as long as the original overall concept, size, details and finish of the cabinetry remain unchanged.
b. Any changes to the scope of work that will INCREASE the cost of the Project after the Deposit is received will require the client to sign off on a Change Order form. Any additional costs shall be due, in full, immediately upon acceptance of changes.
c. Any changes to the scope of work that will DECREASE the cost of the Project will also require the client to sign off on a Change Order form. Any Deposit paid for a portion of the project that is no longer moving ahead will be applied as a credit to future invoices.
5. SCHEDULING
a. COMMENCEMENT OF MANUFACTURING: Unless otherwise agreed upon between Silverbirch Cabinetry & Millwork Inc. and the Client, manufacturing of the cabinetry for the Project will begin at the earliest available opportunity in Silverbirch Cabinetry & Millwork Inc.’s Production Schedule.
b. DELIVERY DATE: Silverbirch Cabinetry & Millwork Inc.’s Delivery and Installation Schedule will vary widely based on the size and scope of the project along with the scheduling of other subcontractors needed to complete the Project. Silverbirch Cabinetry & Millwork Inc. will coordinate with the Client to schedule a mutually agreed upon installation. This date will be confirmed in a written email to the Client by Silverbirch Cabinetry & Millwork Inc.
c. DISCLAIMER: Silverbirch Cabinetry & Millwork Inc. will do its best to adhere to the schedule; there are some situations outside of Silverbirch Cabinetry & Millwork Inc.’s direct control including, but not limited to, the following that could affect all of the proposed target dates: site readiness, changing construction schedules, strikes, material availability, natural weather occurrences, etc. If Silverbirch Cabinetry & Millwork Inc. cannot meet any deadline, it will take all reasonable measures to complete each phase as quickly as possible and keep the Client apprised of these delays.
6. FINISH SAMPLES
a. Finish samples will be provided within approximately two weeks of the Client’s provided or approved sample. After review of the first sample, if additional samples are needed, they will be provided within approximately two additional weeks. If a full front sample is needed, this may take up to two weeks.
b. Each project above $10,000 is entitled to ONE finish sample per material outlined in the estimate. Additional samples will be charged at the rate outlined in Additional Charges: Finish Samples.
c. If the Client cannot pick a sample from Silverbirch Cabinetry & Millwork Inc.’s collection and a custom finish needs to be made, a wood sample shall be provided by the Client to match as closely as possible. If a wood sample cannot be provided there will be a charge as outlined in Additional Charges: Custom Finish Matches.
7. MANUFACTURER RESPONSIBILITIES
Silverbirch Cabinetry & Millwork Inc. is responsible for:
a. Providing all material and labour relating directly to the completion of the Sales Order.
b. Providing information to make the Client aware of any and all work that needs to be completed by others for the proper installation of the cabinetry prior to fabrication.
c. Providing a list of all hardware and peripherals that are the Client’s responsibility to provide.
d. Witten email correspondence for the purpose of communicating about, and confirming of, Client changes regarding the Project.
8. CLIENT RESPONSIBILITIES
The Client is responsible for:
a. Informing Silverbirch Cabinetry & Millwork Inc. of any alterations that may compromise our plan as approved with sufficient notice.
b. Providing Silverbirch Cabinetry & Millwork Inc. with all information regarding pertinent electrical wiring, outlets and lighting, as well as all pertinent plumbing local to the installation site, in the form of a blueprint or electrical/plumbing plan or equally detailed information.
c. Providing Silverbirch Cabinetry & Millwork Inc. with all information regarding appliances and electronic specification sheets.
d. Providing Silverbirch Cabinetry & Millwork Inc. with all information regarding the materials and finish dimensions that will be present on-site that are different from when the project is site measured by the Silverbirch Cabinetry & Millwork Inc.
e. Approving and signing off on all design drawings, product samples, and specification sheets before Silverbirch Cabinetry & Millwork Inc. will proceed with the Project. Upon approving and signing the final design drawings provided to the Client by Silverbirch Cabinetry & Millwork Inc., all items, parts and dimensions therein are final.
f. All scheduling and project management not directly relating to our estimate unless other arrangements are made in writing.
g. To have any and all work needed by other contractors completed prior to delivery.
h. Having on-site bathroom facilities available as well as electricity and lighting at work area location and heat/AC running.
i. All hardware and peripherals to be provided by the Client, unless specifically written out in the Sales Order.
j. Ensuring all hardware not provided by Silverbirch Cabinetry & Millwork Inc. as per the Sales Order is on-site prior to the commencement of installation.
k. Any return trips to install Client provided hardware that is not available at the time of initial installation which will be billed out as outlined in Additional Charges: Installation Delays.
l. Having all appliances related to the Project on-site on the day of installation.
m. Have all appliances (including panels for integrated appliances) installed by certified appliance installers unless otherwise outlined in the Sales Order with Silverbirch Cabinetry & Millwork Inc.
n. Written email correspondence with Silverbirch Cabinetry & Millwork Inc. to communicate and confirm changes or selection decisions regarding the Project.
9. BEFORE DELIVERY
a. A payment of 40% of the Sales Order is due before delivery. The Client will be notified by the manufacturer 2 weeks before the proposed installation date.
b. Payment must be received no less than 2 business days before the delivery date.
c. A delay in receiving payment may result in Silverbirch Cabinetry & Millwork Inc. cancelling or delaying the installation date.
d. Additional fees to the Client, such as storage fees and/or any non-refundable expenses paid by Silverbirch Cabinetry & Millwork Inc. as a result of a cancelled or delayed installation, as outlined in Additional Charges, are due before installation of the cabinetry.
10. DELIVERY & INSTALLATION
a. RECEIVING CABINETRY: If the Project site conditions do not allow for the installation of the cabinetry on the scheduled installation date, an area safe and shielded from the elements shall be provided on-site for storage.
b. TEMPORARY STORAGE: If conditions do not allow for the storage of cabinetry on-site, Silverbirch Cabinetry & Millwork Inc. shall provide storage for a limited time, not to exceed 5 business days at no extra charge. If storage needs to be provided past these 5 business days, a storage fee, as outlined in Additional Charges: Storage Fees, will be charged. All storage fees must be paid in full before delivery of cabinetry.
c. SAFE WORK AREA: The Client is to clean and clear all obstacles from the routes to and from the area where work is to be performed prior to installation.
d. MACHINING ON-SITE: Whenever feasible, any machining needed for installation shall be performed outside of the residence. However, if weather or site conditions do not allow for outside machining, an area shall be provided indoors.
e. SITE CONDITION AFTER INSTALL: Silverbirch Cabinetry & Millwork Inc., its employees and subcontractors will do their best to leave the work site in the same condition as before installation.
f. SITE DAMAGES: Silverbirch Cabinetry & Millwork Inc. will take precautions to avoid damages to the electrical systems, wiring and plumbing local to our installations. However, if we are not informed by the Client as to the whereabouts of these systems as outlined in Client Responsibilities and no such systems can be found with our own detectors, repairs for damage to these systems shall be the responsibility of others.
11. PUNCH LIST
a. Upon completion of installation, a representative of Silverbirch Cabinetry & Millwork Inc. and the Client will inspect the work. A single written “Punch List” will be made and signed by both parties, showing any and all work to be completed or corrected. Whenever possible, this work shall be completed immediately. If conditions do not allow for the immediate completion of the written punch list, this work will be completed as soon as possible.
b. Once all work is complete, a representative of Silverbirch Cabinetry & Millwork Inc. and the Client shall review and sign off on the written punch list, at which time final payment will be due.
12. FINAL PAYMENT
a. The final 10% invoice is due upon completion of installation and approved inspection with the Punch List.
13. ADDITIONAL CHARGES
a. FINISH SAMPLES (projects over $10,000): Beyond the initial sample, additional samples can be created on a time-plus-material basis with a $100 minimum charge.
b. CUSTOM FINISH MATCHES: Clients are responsible for providing a wood sample to match. If a wood sample cannot be provided, a minimum fee of $100 shall be required to create a custom finish.
c. SITE READINESS FOR MEASUREMENTS: If Silverbirch Cabinetry & Millwork Inc. finds itself in a position where it may not measure the site for the proposed cabinetry in the condition in which the cabinetry is to be installed due to restricted timelines or similar situations, the Silverbirch Cabinetry & Millwork Inc. cannot be held responsible for any and all cabinetry that does not fit within the dimensions of the actual site as manufactured per the approved Issued for Construction (ICF) Drawings. Any additional charges incurred due to modifications to or reproductions of the cabinetry necessary to make the cabinetry fit into the site as built will fall under the Client’s responsibility.
d. INSTALLATION DELAYS: If a situation occurs that is outside the Silverbirch Cabinetry & Millwork Inc.’s responsibility, that results in the Silverbirch Cabinetry & Millwork Inc.’s installation team needing more hours to complete the project as detailed in the Sales order, an additional cost of $90 per hour, per installer will be billed.
e. STORAGE CHARGES: If the Client is unable to receive the cabinetry at the agreed-upon installation date, Silverbirch Cabinetry & Millwork Inc. will store the cabinetry for up to 5 business days at no charge. After such time, a storage fee of 1% of the entire Sales Order amount will be billed per week. All storage fees must be paid in full before delivery.
f. APPLIANCE & APPLIANCE FRONT PANEL INSTALLATION: The installation of Appliances or Front Panels for Appliances is NOT part of this agreement and must be done by others. Silverbirch Cabinetry & Millwork Inc. can suggest a subcontractor for this type of work upon request from the Client.
g. DAMAGES: All costs incurred for damage during storage (in the case where storage is provided by the Client and not the Silverbirch Cabinetry & Millwork Inc.), installation, or after completion that is not a direct result of actions by an employee or subcontractor supplied by Silverbirch Cabinetry & Millwork Inc. is the responsibility of the Client.
14. INSURANCE
a. The Silverbirch Cabinetry & Millwork Inc.'s installation team are fully covered under WSIB, and we also carry a General Liability policy of $5,000,000.00. Any subcontractor hired by Silverbirch Cabinetry & Millwork Inc. must have WSIB Insurance. At the client's request, copies of the insurance can be supplied.
15. FINANCE FEES
a. There is no grace period for any balance that is not paid. Account balances not paid will incur a finance charge of 2% of the remaining balance per month.
b. All returned or insufficient fund cheques, for any reason, will incur a $50 handling charge plus bank fees per occasion and must be replaced with a certified cheque, money order or cash. No claims will be accepted on accounts with unpaid balances.
16. WARRANTY
a. Details of Silverbirch Cabinetry & Millwork Inc.’s warranty can be found on our website here.
17. SALES TAX
a. A 13% sales tax will be charged on all labour and materials provided.