1BENMU TERMS and CONDITIONS
PRODUCTION STUDIO POLICY
It is our commitment to design, build, & execute the finest work to incredible standards and as such we must make the following provisions on all contracts and invoices. 1BENMU INC. endeavours to deliver all items forming part of any project on/before the due date; Provided that the materials to complete the work are available at the time the work is to be undertaken & that all balances are satisfied as per the terms on your invoice. We will keep the client informed at all times of supply problems, or other factors, which can affect delivery.
GOVERNING LAW AND JURISDICTION
This agreement will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada. Any dispute arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of the province of Ontario.
CANCELLATION & LIABILITY
We reserve the right to cancel any order at any time. We reserve this right in the event of a breach of any of the terms of this agreement and/or Where variances/design changes can not be met within the original contracted undertaking and/or If the scope of the project has changed and/or Where materials can not be obtained;
All completed work will be invoiced for immediate payment. We assume no liability for any late or cancelled orders. We will assume no liability for any delay or failure to perform our obligations due to circumstances beyond our control, including but not limited to other contractors or work that is being completed by a third party, natural disasters, acts of terrorism, or government actions. In such cases, we will make every effort to minimize the impact on our clients and fulfill our obligations as soon as possible. Additional charges may apply.
Any such loss or damage arising from our breach of contract or the result of a competent legal proceeding will be limited to the total amount paid by the client for the goods or services provided.
Any payment we receive will bind these terms exactly- unless otherwise noted on your official invoice. These terms may be updated at any time, it is your responsibility to ensure that you check these before paying any deposit. You must pay a minimum 50% non-refundable deposit for us to schedule any work, 40% due delivery and the remaining 10% when the project is finished.
All products and materials supplied by us remain our property until all balances are resolved. We reserve the right to repossess any product or material on any past-due invoice. We reserve the right to add the cost of any such removal to your final bill.
We accept Canadian Email Money Transfers, Credit Cards, Cash, and Cheques. We will process balance payments on overdue orders that have been paid by credit card. Interest on overdue accounts will be charged at 18% per month. Rush orders will incur a surcharge of at least 20%. Pick Up/Delivery charges vary.
Estimates are valid for 15 days. While we make every effort to estimate your work accurately, be advised that due to inflation, supply issues & skilled labour shortages, a final bill within 18% of an estimate is now considered usual and customary; Especially on a custom design order, where the order is large or complex.
For safety and security, we do not accept walk-ins and prefer all initial communication to be via phone or email. All In-Person visits to our studio must be scheduled in advance.
Any additional instructions and or modifications must be confirmed in writing and extended delivery times. Deposits on additional work and materials must be paid for before the work will proceed. Additional work, which may not be apparent when the estimate was provided such as repairs hidden by finishes, will be advised to the client upon discovery. Additional charges may apply.
We reserve the right to apply a 15% surcharge for handling ‘Customer Supplied Materials’ It is your responsibility to ensure that the material is suitable for the intended purpose. Materials supplied by the client are at their own risk.
Shortage of material supplied by the client is the client’s responsibility to procure. We strongly advise against this unless more can be supplied by you in case there are issues and more is needed. Where shortages and quality issues appear we will inform you for further instructions. Materials sent direct must have the client’s name clearly marked on the delivery note so we can check, on your behalf, that we have received the correct products.
All offcuts and removed materials will be discarded- Indicate in writing if anything is to be saved or left behind, returned materials may have damage from the removal process.
We have a rigorous quality control process to ensure that all products and materials meet our high standards. All items are inspected before delivery or installation, and any defects will be corrected at our expense on any account in good standing. All projects completed by us carry a one-year warranty on craftsmanship and materials when such materials are supplied by us. Touch-Ups & Minor adjustments are covered for 30 Days after completing your work. Repairs under this warranty must be completed in-house.
Where the work undertaken is in relation to an insurance claim, the order must be paid in full before production.
INSURANCE & STORAGE POLICY
Your project is covered to a maximum of $50K in the event of any insurable loss. Be advised that in any event, such as an accident, fire, break-in, or flood, you agree to accept what is assessed by the insurance company for damages. We will not accept liability for damages beyond what is paid by our insurance company.
HEALTH & SAFETY
We are committed to providing a safe and healthy workplace for all employees and clients. We comply with all applicable health and safety laws and regulations. All employees and clients must comply with health and safety protocols as defined by common sense.
Any disputes or disagreements will be resolved in a timely and efficient manner. We encourage clients to raise any concerns or issues with us as soon as possible. If a dispute cannot be resolved amicably, it will be referred to a third-party mediator or arbitrator for resolution.
We respect our clients’ privacy and will keep all information confidential unless required by law to disclose it. All employees are required to sign a confidentiality agreement, and we take all necessary measures to protect our clients’ confidential information.
We are committed to minimizing our impact on the environment and promoting sustainable practices. We use environmentally friendly materials whenever possible and strive to reduce waste and energy consumption in our operations.
INTELLECTUAL PROPERTY POLICY
We respect intellectual property rights and will not reproduce any copyrighted or trademarked materials without the correct permission. Any designs or plans provided by clients remain their property, and we will not use them for any other purpose without their consent.
We comply with all applicable government regulations, including those relating to building codes, municipal permits, employment, health and safety, environmental protection, and privacy.
Installation or delivery will be carried out as soon as practically possible after the project is completed. We will coordinate with the client or their representative to schedule installation or delivery. The client must ensure that the installation site is ready and free of obstructions before installation or delivery. We will not be liable for any damage caused during installation or delivery due to the client’s failure to clear the installation site.
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
This agreement constitutes the entire legal agreement between 1BENMU INC. and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral unless documented on your paid invoice.