Terms and Conditions: Homeowner is Eby's Customer
Terms and conditions as stated herein become a part of our proposal and will apply to the acceptance by Eby Construction of your order. All terms and conditions in this document replace any previous contracts or agreements.
Invoicing Schedule
10% invoice upon acceptance of Proposal. Eby will begin work after receipt of 20% payment
Progress payments billed occasionally, usually monthly, based on percent complete
Pricing
Quoted prices are valid for 60 days from the proposal date. Pricing is contingent upon entire scope of work
If Eby Construction does not install your project, the total cost will be adjusted and California Sales Tax added to entire fabrication and finishing values
Pricing for the scope of work in Eby proposal is fixed.
Pricing may change with design and scope of work changes
Planned changes to pricing will be submitted by Eby Construction for approval by Customer in the form of Change Orders or Revised Proposals
Once approved, the scope of work in a Change Order or Revised Proposal is part of the fixed price for the project
Unforeseen circumstance or sudden requests for extra work by Customer may not allow adequate time for the Change Order process. In such an event, Contractor may direct Eby to perform extra work on a time and materials basis
Work done on a time and material basis will be billed hourly, based on the Staff Roster
Materials and supplies associated with time and materials work will be billed at cost plus 20% markup
Hourly Rates
Design/Office Staff: $135 per hour
Shop: $135 per hour
Finisher in-house: $135 per hour
Delivery with one guy: $125 per hour
Delivery with two guys: $185 per hour
Brian Eby: $175 per hour
General Exclusions
The following work is excluded unless noted specifically in an Area of Work:
Finish Carpentry, including wall paneling, standing and running trim, doors, jambs and casing
Electrical components and electrical work
Undercabinet valences are included, with wiring access planned. These valences will be sized according to lighting specification
Plumbing fixtures and plumbing work
Appliances and appliance installation
If cabinet-face appliance panels are included in the scope of work:
Eby will install panels on appliances prior to appliance installation
OR
Eby will install panels on appliances after appliance installation
Further coordination of cabinet-face appliance panels will be provided as needed, either bid as an extra scope of work, or billed hourly
Shop Drawings
Three rounds of drawings included: submittal, 1st revision, 2nd revision. Drawing sequence:
Submittal: Eby sends drawings to Customer. Customer distributes to necessary parties
Submittal Response: Customer provides red line response to Eby for 1st revision
After 2 revisions, Customer provides approval of shop drawings, and releases Eby to fabricate
If there are comments after the 2nd revision, further drawings will be billed hourly
Materials and Finishes
Wood is a natural product with unique characteristics. While we will always choose the most attractive material for each project, grain pattern, color and tone will vary throughout and between any wood products
If Customer takes issue with final wood selection or finish, Customer and Eby will review the finish together, discuss expectations, and develop a reasonable resolution. In most circumstances Customer will incur additional cost when changes are made to an approved materials/finishes assembly after the work is complete
(1) round of samples consisting of an example of each principal material/finish is included in proposal. Submittal process:
Submittal: Eby sends submittal to Customer. Customer distributes to necessary parties
Submittal Response: Customer provides approval, or provides red line response to Eby
If revised submittals are needed, repeat submittal process as needed until approved
Further revisions beyond initial submittal will be billed additionally: Eby labor hourly, materials cost plus markup, outside services vendors cost plus markup
Wood and the finishes used on wood will change over time, with exposure to light, moisture and atmosphere. We use the most color-fast finish products available for each application, but we cannot stop wood from changing color over time. This change is part of the natural aging of wood and is not a defect
Delivery and Installation
Delivery and installation of project included unless noted otherwise
Delivery price assumes continuous access to site and adequate space to safely place all casework without delay
Staggered installations and/or deliveries can be bid as defined by Customer in advance, or billed hourly as they occur
Eby Construction does not guarantee any shipment or delivery date. Any time or date stated by Eby or any of its agents or employees for shipment or delivery is intended as an estimate only
Repairs and damage to adjacent finishes
While Eby will take care to avoid damaging adjacent finishes, Eby is not responsible for adjacent finishes
Repair of adjacent finishes after Eby install is by others, not included in Eby’s proposal value. Eby will define a value for repairs and perform those repairs at extra cost upon request
Correction of Work
After the contract is substantially completed, a representative from Eby Construction and the Customer shall jointly inspect the work and a single list (punch list) shall be prepared identifying all work to be completed or corrected. Eby Construction shall then expeditiously complete all work stated on the punch list for which they are responsible in the terms of this Agreement.
The Customer shall not contract with any alternative contractor for the performance or completion of work within the scope of the Agreement, nor shall the Customer claim a credit or back charge for the cost of completing an item stated on the punch list, nor shall the Customer occupy or use the stated work until and unless Eby is first given reasonable notice and opportunity to correct the work stated on the punch list referred to above
If Customer does contract with an alternate contractor to perform the punch list work, or otherwise completes the project without first affording the above-described opportunity to Eby, or if the Customer or end user commences to use or occupy the space or work in which Eby performed work, the customer then agrees to accept all work “as is” and thereby waives any claim against Eby under the terms of the Agreement, including warranty claims
If Customer has occupied the work area, and Eby elects to continue punch list, Customer shall provide Eby with reasonable access, a protected (from adjacent finishes) access path to work areas, and any required temporary facilities (toilet, water, tool storage)
Warranty
Eby insures that all material, products and taxes relating to the Customer’s project are paid and that there will be no potential lien claimants after the Customer’s final payment has been made to Eby
All work shall be performed in a professionally reasonable manner free from defects in workmanship
Materials or hardware used by Eby Construction or its subcontractors shall be warranted only to the extent that the suppliers or manufacturers of those products provide a warranty
Warranty on the workmanship and material shall be for a period of 12 months from the date of the contract; unless otherwise specified in the material or supplier’s warranty
Eby Construction will perform all necessary labor to repair or replace all defective work at no cost to the customer, and will expeditiously act in good faith to secure replacement products or materials under warranty of products or services
Any warranty work performed during the warranty period does not extend the warranty any further than was previously stated in terms of the time from the date of the contract
All aspects of this warranty are void if a person or company other than Eby Construction performs or re-performs any work within the scope of the warranty
The following are excluded from warranty by Eby Construction:
Movement or misalignment of cabinets due to settling or movement of foundation floors, walls or ceilings
Damage to woodwork, finish, or any defect due to exposure to excessive moisture, light, heat, humidity, or cold
Wood movement, raising of grain, or any other problem or defect arising from exposure to moisture at the customer’s job site if cabinets or woodwork are delivered unfinished or unsealed, or if job site temperature and humidity are not stable and consistent with final conditions of completed project
It is the responsibility of Customer to insure that all products ordered from Eby Construction comply with all local codes relating to other subcontractors whose work affects Eby products, i.e. (framing, plumbing, electrical)
The warranty will not include any changes or alterations necessary to conform to such codes
Storage and Handling
Storage and handling fees will be applied to any and all projects undeliverable for more than 30 days due to delays after fabrication and/or finish are complete. If finish is delayed after fabrication due to lack of specification, storage fees will apply beginning 30 days after fabrication
Storage charges are assessed at $ 0.75 per square foot, per day, 5 days per week
Handling charges are assessed hourly
Storage and handling fees will be invoiced monthly and will be due prior to delivery or installation of any projects
Late Payments
Account balances not paid within 30 days of invoice date will be charged a finance charge of 1.5% per month and a $25 late fee
All returned checks will incur a $50 handling charge plus bank fees, per occasion
Projects with past due balances may be converted to a 100% Pro Forma terms prior to delivery or installation
Any hold-back or retainage shall be paid within 30 days of the completion of the original punch list items
No claims will be accepted on accounts with unpaid balances