Terms & Conditions

Ottawa Chapter Terms & Conditions

For the purposes of this agreement, Sand & Stain will herein be referred to as the ‘Contractor’ and the ‘Customer’ will be referred to as the ‘Customer.’

General Agreement 

All work will be completed as specified in the work agreement, in a professional manner, to normally accepted industry standards, by employees of the Contractor. It is accepted that the work agreement includes only decorative, non pressure treated wood surfaces, unless otherwise specified. Sanders can only reach so many areas, and areas impossible to reach such as spaces between floorboards, in between highly detailed decorative areas, and other areas will only be sanded as reasonably possible. Bases, frames, and underhangs are excluded by default unless otherwise noted. The Contractor will only include repairs to pre-existing issues that are clearly specified in the work agreement. 

Accepted Industry Standard Repairs 

Damaged, rotting, and unfastened wood should be made known to the Contractor prior to wood quoting assessment. Any additional findings in the assessment shall be discussed before quote delivery. Depending on size of repair, the Contractor will perform repairs prior to sanding and staining work unless deemed more efficient without sacrificing quality procedures to perform the repairs last. Understand that wood may appear sound on the surface and rotting or softness may not be discovered until labour has commenced. All repairs will be billed at $65.00 per hour in addition to the original quote, plus the cost of wood and any materials needed to repair the issue.

Clean Up & Pre-Existing Stain 

The Contractor will perform a daily minor clean-up, with a full cleanup of the workspace once the project is completed, including the disposal of all garbage. The Customer should expect that there may be residual particles from sawdust that will settle in the week following and may require clean-up by the Customer. Washing or cleaning of any stained surfaces is not advised in the first 30 days after fresh paint has been applied. The Contractor will not be held liable for any failing products that have been cleaned less than 30 days after application. The Contractor will not be held liable for stain drips, splatter, or mess left from the previous application. The Customer should use a critical eye to search and identify stain splatter on siding, patio stones, all hardware / trim, gate hinges/handles, etc. prior to the arrival of the new Contractor. 

Customer Responsibilities Select Colours 

Stain colours are factory tinted or mixed into a base oil. Colours are posted online via company and product for convenient selection, or a 30 minute colour consultation can be arranged if guidance is preferred. Colour selections must be sent through email a minimum of 72 hours prior to the project start date and time. It is important to have the colour selections delivered on time so that the project can stay on schedule. If the colour selections have not been sent on time and cause a delay in starting the project, additional charges may apply. Understand that we use transparent penetrating oils that vary in hue depending on the sun and lighting, wood species, number of previous recoats, prep work like sanding / cleaning / brightening, and up to two weeks for final stain colour to cure for some products. 

*See ‘Delays’ for more information on additional charges. 

Working Space & Station Setup

The Contractor shall set up and leave crew kits, equipment, lunches, etc. off and away from all patio stones, gardens, shrubbery, and placed in the least decorated space with the least potential for damage or spillage. This is typically on a grass or soil patch. The Customer is responsible for notifying The Contractor of any areas not previously listed that are not suitable to place equipment, as each working space is unique.     

Move All Patio Furniture & Decor

The Customer assumes responsibility to remove all household items (with the exception of some large furniture that needs multiple persons to move) from the deck or work space. Any patio or deck furniture that remains must by moved off of wooded areas leaving a minimum of 3 feet around the perimeter of the deck. The Contractor will not be held liable for damage to any items remaining in the work area. Moving charges will apply if the space has not been prepared for sanding and/or staining. 

Moving Fee  

$200.00 for each space not prepared for staining on scheduled day, (patio furniture moved off and away from deck, and all personal items & décor removed from the space). 

Reset Nails & Screws 

When included, ‘resetting screws’ extends to deck floors with screws / nails that sit higher than deck board surfaces. They will be reset to flush or just below flush with the wood to avoid sparks when sanding.

Technical Requirements 

It is required that the Customer leave access to all exterior electrical receptacles in all work areas. In case of breaker tripping without accessible or functional reset button, the Customer agrees to generator rental fees with sufficient power (minimum of 15 amps) to complete work of $120.00 per day.

Access to the Worksite Hours of Operation 

The Customer agrees and understands that access to the worksite must be provided between 7 a.m. and 10 p.m., Monday through Sunday, for the duration of the project. If at any time access is not available to the Contractor for any reason, the Customer agrees to reimburse the Contractor for expenses incurred for travel and lost time at the rate of $65.00 per hour per person. 

Security

If no one is home while work is being completed, it is required that the Customer leave access to backyard and all work areas. Acceptable methods include leaving gated areas unlocked, leaving a spare key (which can be left in a lock box if the Customer would prefer), or a garage and / or door code that allows access to the work area. If a door code is the preferred option, we ask that you set a new code and change it once the project is complete. 

Other Contractors On Site 

Due to insurance regulations and safety procedures, other contractors may not enter the work area unless agreed upon by both the Contractor and the Customer. If other contractors are to be present during the duration of the work agreement, the Customer must not schedule or permit such activities that will interfere with or prevent the timely and successful completion of the work. The Contractor will not be held liable for any damage caused to its work by anyone other than the Contractor and its employees. The Customer agrees to compensate the Contractor at the rate of $65.00 per hour per person to correct all such damage. 

Reasonable Weather Permitting Work Day 

The Customer understands The Contractor relies on the weather to complete exterior work. Wood areas must be dry prior to sanding or staining work performed. Reasonable weather is considered no more than 40% chance of precipitation of no more than 1-3mm logged no earlier than 8pm of the previous night of scheduled work. Unexpected showers can cause the work day to end early.

Delays 

If the Contractor arrives on the agreed upon date at the agreed upon time, and is unable to complete the contracted work due to circumstances beyond their control (such as inability to enter the worksite; other contractors being late with their portion of the job; or any other reason not directly the fault of the Contractor), a charge of $65.00 per hour per scheduled employee will be applied for lost time. This charge may be avoided by providing notice of readiness to the Contractor through email at least 72 hours prior to the scheduled appointment. 

Extra Costs / Change-Orders Renovations 

Any changes or renovations to the home, (such as removal or installation of hardware, fixtures, light fixtures, handles, hinges, shelves, or trim), that result in additional work or materials to the Contractor will result in additional charges of $65.00 per hour per person plus cost of materials needed, unless specified in the work agreement. 

Repair By Customer 

Any wood repair or addition that is completed by the Customer must be sanded and stain-ready prior to the arrival of the Contractor and scheduled work, or additional charges will apply. 

Change Orders 

No new work will begin until the Customer has agreed to the additional work and the cost associated with it in writing through a change-order form or through written consent in an email. To help avoid additional charges, please inform your Contractor of any expected changes prior to the project commencing so they may be recorded in the work agreement. Additional work will be invoiced separately upon completion of the contracted work and is expected to follow the agreed upon payment schedule, which requires final payment due upon completion. 

Additional Labour 

$65.00/hour per person for standard sanding or staining work. $100.00/hour per person for additional work required over 9ft. 

Promotion / Advertising 

The Customer authorizes the Contractor to display a lawn sign for the duration of the project, and to use photographs taken at the jobsite for display, promotion, advertising, articles, publications in any form, without compensation to the Customer. The Contractor respects the Customer’s privacy and abides by the Canadian Privacy Act and PIPEDA. This section will be void if not allowed by covenants or restrictions. 

Inspection of Completed Work

Upon substantial completion of work, the Customer agrees to conduct an inspection of the work with the Contractor, if possible. It is expected that all persons required to approve the completion of the project be present. All defects and incomplete items should be noted at this time. The inspection must occur within 24hrs of completion, under normal lighting conditions, without magnification, from a normal viewing position, and at a minimum of 3ft from the wood surfaces, in accordance with the industry standards. 

Deficiencies 

Deficiencies such as incomplete stain coverage, patchy stain areas, or colour issues must be submitted by email with photos, within 24hrs of the project completion. If at fault, The Contractor will prioritize repairs as soon as possible. Repair of deficiencies should not exceed 4 hours, unless the Contactor deems necessary. If deficiencies result in the requirement of additional materials, the associated cost will be added to the invoiced total upon completion. It is expected that all persons required to approve the completion of the project be present on the day scheduled to address deficiencies. If final payment has not yet been received, payment including any incurred interest is due in person immediately following repair of deficiencies. 

Payment 

Payment for the project is divided into two separate payments. Payment 1 (30%) – To secure the project in the schedule, a non-refundable deposit is required. Payment 2 (70%) – Final payment is due upon the completion of the project. Note that maintenance re-coats are to be paid in full as one payment (100%) upon agreement of service. Unless otherwise agreed upon in writing prior to start-up of work, payments received later than 48 hours from the date of completion are levied a service charge of 5% compounded weekly and added to balance total, beginning on the day that the project was completed. Please pay promptly to avoid additional charges. Accepted methods of payment include: e-transfer, cash, or cheque. 

Warranty

Contractor warrants that all materials will be of standard agreed upon quality. Labour is warranted until the end of the seasonal year on all wood surfaces against blistering, cracking, or peeling, or until The Customer or another contractor performs work to any areas under agreement with The Contractor. To confirm, fading is normal and is absolutely not a category of blistering, cracking, or peeling and is therefore not covered by warranty. Fading wood should be regularly maintained by rehiring The Contractor for a recoat or maintained by The Customer using the same products and wood care system created by The Contractor. All product warranties will be extended to Customer upon payment in full for work completed. Contractor’s liability under a warranty claim shall not exceed the total price charged for the work performed. Customer must make warranty claims immediately upon discovering defect or performance problem. In the event that the surface or any prior coating application fails beneath what the Contractor has applied, the Contractor will not be held liable for the failure of the substrate or any coating. Liability does not extend to regular wear and tear, acts of God, pre-existing issues with the wood, or improper care of the surface. The Contractor will not be liable for recurrence or growth of any form or type of mold/mildew/fungi. Failure to comply with the terms, conditions, and payment schedule of this agreement will void all warranties.