DELUXE INDUSTRIES TERMS & CONDITIONS
RECITALS
WHEREAS, the Client is located at: ; and
WHEREAS, the Client will hire Deluxe Industries to perform certain
construction work (the “Work”) as further described in the Quote/Schedule of Services provided
below; and
WHEREAS, Deluxe Industries will perform the Work on the Property in accordance
with the drawings and specifications attached hereto and with the terms of this Agreement;
and
WHEREAS, each Party is duly authorized and capable of entering into this Agreement;
so
NOW THEREFORE, in consideration of the above recitals and the mutual promises and
benefits contained herein, the Parties hereby agree as follows:
Interpretation
1.1. References to any statutory provision, authority, rule or code of practice shall be deemed to
include the amended versions, replacements or successors of such.
Relationship between the Parties
2.1. The Client engages Deluxe Industries to provide the services specified in these terms
and conditions and attached schedule(s).
2.2. No term of this agreement or course of dealings between the parties shall operate to make
Deluxe Industries an employee or agent of the Client.
2.3. Neither party shall assign or transfer any of their rights, liabilities or obligations arising
under this agreement without the prior written consent of the other party.
The Quotation
3.1. Deluxe Industries shall provide to the Client a proposal for the services to be provided
(“the Quotation”) which shall set out:
a) The services which Deluxe Industries will undertake for the Client.
b) The date or time period within which the service will be performed.
c) The prices which the Client shall be charged for the performance of the services
including: i. Any fees which Deluxe Industries shall charge. ii. Any disbursements
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or expenses which Deluxe Industries will require the Client to meet (including but not limited to
the prices of materials). iii. Any tax element which will be payable by the Client.
3.2. The Quotation shall be attached to these terms and conditions as a schedule and where a
contract is entered into between Deluxe Industries and the Client, the Client will be deemed to
have accepted the content of the Quotation in full.
The Services and the Time and Manner of their Delivery
4.1. Deluxe Industries will provide such services to the Client as are set out in the Quotation.
4.2. The services will be provided to the Client within the time frame specified in the Quotation.
4.3. Time frames and dates of delivery are provided for guidance only and Deluxe Industries
makes no guarantee that the services will be performed within the specified period. For the
purposes of this agreement, time shall not be of the essence and Deluxe Industries shall not be
liable for any loss or damage suffered by the Client as a result of the delivery of services being
delayed or postponed for any reason.
Payments
5.1. The contract price is set out in the Quotation, which includes details of the charges which
Deluxe Industries will make for labor, materials as well as any taxes or additional costs or
expenses or disbursements which Deluxe Industries may charge to the Client.
5.2. The intervals at which Deluxe Industries may invoice the Client in respect of the whole or
an installment of the contract price are set out in the Quotation.
5.3. Notwithstanding 5.1 and 5.2 above, Deluxe Industries may vary the contract price from the
amount set out in the Quotation where he has provided services which are different or in
addition to those set out in the Quotation either at the specific request of the Client or because he
has been required to complete additional work which was not anticipated at the time the
Quotation was made, or because of market fluctuations in the price of materials.
5.4. The Client agrees:
a) Not to withhold any sums due to Deluxe Industries.
b) To settle all invoices raised by Deluxe Industries upon completion of project.
c) To pay to Deluxe Industries interest at a rate of 1.5% monthly on all unpaid
balances.
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d) To pay to Deluxe Industries such costs and expenses as he may incur in recovering
payment from the Client where the Client fails to make payment in accordance with these terms
and conditions.
Cancellation
6.1. In accordance with the No Right to Cancel Contracts or Purchase Agreements Made in WA
State Regulations the Client may cancel this contract within 7 calendar days of signing this
agreement (or within whatever extended period Deluxe Industries may specify in the
Quotation) and shall be entitled to a refund of any monies paid to Deluxe Industries, less an
amount representing any reasonable administration or product costs which Deluxe Industries
has incurred. Any cancellation outside this period will not entitle the Client to a refund of any
monies paid.
Client’s Obligations
7.1. The Client shall be responsible for the correctness of all measurements for products or
materials which he gives to Deluxe Industries. Where these measurements are not correct and
accordingly materials or products which are ordered or provided by Deluxe Industries are the
wrong size, the Client shall bear the expense of rectifying this.
7.2. The Client shall co-operate with Deluxe Industries as may be necessary to facilitate
this agreement, including but not limited to:
a) Permitting Deluxe Industries access to the property or location in which the services
are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
b) Where the Site is indoors, ensuring that there is adequate ventilation.
c) Providing for Deluxe Industries such facilities as may be necessary in order to allow
him to complete the services, such as proper electricity, climate control, heat and water.
d) Following Deluxe Industries reasonable instructions relating to safety and the state of
work which has recently been completed by Deluxe Industries or is in the process of being
completed or to the state of the Site in general, including directions and restrictions on
appropriate usage, care and maintenance.
7.3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and
redecorating which is necessary to the Site after Deluxe Industries has completed the agreed
services (with the exception of the removal of waste materials or building rubble created by
Deluxe Industries, which shall be the responsibility of Deluxe Industries as set out in 8.4,
below).
7.4. Where Deluxe Industries stores or keeps any materials or equipment on Site, the Client shall
be responsible for the security and safety of such and shall account to Deluxe Industries for any
loss or damage.
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7.5. The Client shall be responsible for any permissions, licenses or consents which are
necessary in order for the services to be provided. The Client warrants that he has applied for and
obtained all such necessary permissions, license or consents prior to contracting Deluxe
Industries.
Supplier’s Obligations
8.1. Deluxe Industries shall perform all duties, services and obligations under this contract
with reasonable care and skill and to a reasonable standard. He shall comply with all relevant
codes of practice and statutory or regulatory requirements.
8.2. Deluxe Industries shall take all reasonable care with the Client’s property, including
taking reasonable steps to protect the Client’s furnishings, fittings, wall, ceiling and floor
coverings during the provision of the services.
8.3. Deluxe Industries shall at all times be registered and remain in good standing with such
organizations as may be relevant for the purposes of permitting him to self-certify the
compliance of the services provided with the relevant building regulations or alternatively if he is
not so accredited then he shall make arrangements for a building inspector to certify the
compliance of the services provided with the relevant building regulations.
8.4. Deluxe Industries shall be responsible for managing and arranging the safe and lawful
disposal of any waste materials which are generated or removed from the Client’s property as
a result of the provision of the services if agreed upon within Proposal.
8.5. Deluxe Industries shall at all times hold valid employer and public liability insurance
policies.
Property Rights and Assumption of Risk
9.1. Any property rights, title or ownership in any property or materials which are used by
Deluxe Industries in providing or delivering the service shall remain with Deluxe Industries
until the Client has made payment in full in accordance with these Terms and Conditions.
9.2. Risk in and responsibility for any products or materials which are used in the supply,
performance or delivery of the services shall pass from Deluxe Industries to the consumer: a)
Where Deluxe Industries is responsible for delivering the products or materials to the Client,
upon delivery; or b) Where Deluxe Industries is not responsible for delivery, at the moment the
products or materials leave Deluxe Industries storage premises.
The Guarantee
10.1. Deluxe Industries providesto theClient, in addition to any statutory rights which the Client
may have, a guarantee that the services provided under this contract shall be
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free from defective or flawed materials or workmanship for a period of 90 days from
the completion of the services, notwithstanding that this guarantee shall not apply to:
a) Defects or flaws which are as a result of any misuse, failure to adequately and properly
maintain, neglect or failure to follow Instructions or recommendations are on the part of the
Client.
b) Any defects or flaw which is caused by mechanical or chemical damage (which is not in
itself a result of some defect in the workmanship or materials) and which arises after risk in the
property are on the part of the Client.
c) Any defects caused by setting, movement, defective subsurface, earthquake, flood, fire or
any act of God are on the part of the Client.
10.2. Deluxe Industries shall, at his sole discretion, determine the manner in which he will satisfy
this guarantee, whether by repairing, re-performing or replacing the services or by refunding to
the Client all or part of the monies which have been paid.
10.3. Where the Client considers that the services are defective upon delivery or performance
then he shall notify Deluxe Industries of this within 30 days, failing which he shall not be
entitled to claim the benefit of this guarantee.
10.4. This guarantee shall not become effective until the Client has paid Deluxe Industries
in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.
Termination
11.1. This agreement shall continue until the services (or any mutually agreed addition, extension
or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above the employment of Deluxe Industries under this Agreement
may be terminated immediately where any of the following circumstances arise:
a) Either party commits a serious breach or persistent breaches of this agreement including
but not limited to the nonperformance, neglect or default of any of his duties as outlined herein
(including a failure on the part of the Client to make payment within agreed timescales) and after
notice of this breach has been given to the defaulting party it remains unremedied and unrectified
7 days after such notice.
b) Either party commits a breach of this agreement which cannot be remedied.
c) Either party becomes insolvent or ceases to carry on the whole or substantially the whole
of its business.
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11.3. Upon termination of the employment of Deluxe Industries under this agreement the
Client shall pay to Deluxe Industries such sums as may represent work done and expenses
incurred up to and including the date of the termination.
11.4. Any right to terminate the employment of Deluxe Industries under this
agreement shall be without prejudice to any accrued rights or liabilities arising out of
this agreement which are in existence at the date of termination.
Disclaimers and Exclusions
12.1. Deluxe Industries shall not be responsible in any circumstances to the Client or any third
party for any loss of profit or indirect or consequential economic damage or loss, howsoever
caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
12.2. Nothing in the foregoing shall be read as restricting or limiting in any way Deluxe
Industries liability for death or personal injury.
Indemnity
13.1. The Client shall indemnify Deluxe Industries against any loss or damage which results
from the Client’s breach of this agreement or failure to abide by any of its terms.
Force Majeure
14.1. Neither party shall be liable for any delay or failure in performing its obligations or duties
under this agreement which results from circumstances outside his reasonable control including
but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or
rioting, government or regulatory action, theft, breakdown in plant or machinery or shortage of
raw materials or supplies.
Warranty of Contractual Capacity
15.1. Both parties and the signatories to this agreement warrant that they are authorized and
permitted to enter into this agreement, and have obtained all necessary permissions and
approvals.
Dispute Resolution
16.1 If any dispute arises between the parties, the parties agree to first attempt to resolve the
dispute through non-binding mediation in King County, WA. If the dispute is not resolved after
this, the parties agree to resolve the dispute through binding arbitration in King County,
Washington. The prevailing party shall be entitled to their reasonable attorney fees and costs. If
the Owner wishes to access the Contractor’s bond, Owner must first arbitrate the dispute and, if
Owner is awarded a judgment, register that judgment in Clark County Superior Court.
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Notices
17.1. By signing this document below or by accepting payment terms of Proposal, Client
acknowledges that Deluxe Industries has provided Client with proper Disclosure Statement
form pursuant to RCW 18.27.114 and that Client has reviewed and accepted this statement.
These forms are attached as part of the Terms and Conditions from Deluxe Industries.
Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
18.1. This document constitutes the entirety of the agreement between the parties. It supersedes
any prior representations which may have been made, whether orally or in writing. Any
modification to this agreement must be made in writing and signed by both parties.
18.2. This Agreement shall be governed by the laws of Washington State.
18.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed
independently. Should any part of this Agreement be found invalid this will not affect the
validity or enforceability of any other provision or of this agreement as a whole.
18.4. All terms, conditions and covenants contained in this agreement shall bind the parties and
their heirs, legal representatives, successors to title and permitted assignees.
18.5. Nothing in these terms and conditions shall incur any rights on a third party and no third
party may enforce any provision of this contract under the Contracts (Rights of Third Parties)
Act.
18.6. The failure by either party to enforce any provision of this agreement shall not be deemed a
waiver or limitation of that party’s right to subsequently compel and require strict compliance
with every provision of this agreement.
18.7 The Parties recognize the ongoing COVID-19 pandemic and the corresponding orders and
proclamations from Local, State and Federal Governments as well as the various advisories from
the medical authorities. The Parties acknowledge that due to the foregoing, that the Project
schedule or feasibility may be impacted and, in such an event, neither Party will bear any
liability to the other as a result.
CLIENT
CONTRACTOR Deluxe Industries
By:
Name: Joseph D. Egan for Deluxe Industries
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Quote / Schedule of Services Provided
Quantity Description Price Total
Per Proposal via Email
Total:
Department of Labor and Industries
Contractor Registration
Business Name: Deluxe Concrete Company LLC
Disclosure Statement
Notice to Customers
This contractor is registered with the state of Washington,registration no. DELUXCC770C8
has posted with the state a bond or deposit of $ 6,000.00 for the purpose of satisfying claims
against the contractor for breach of contract including negligent or improper work in the conduct of the
contractor’s business. The expiration date of this contractor’sregistration is03/1/2025 .
THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM
THE WORK DONE UNDER YOUR CONTRACT.
This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The
bond or deposit is intended to pay valid claims up to $ 6,000.00 that you and other
customers, suppliers, subcontractors, or taxing authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage for a stated
period of time to provide protection to you and help insure that your project will be completed as required by
your contract.
YOUR PROPERTY MAY BE LIENED.
If a supplier of materials used in your construction project or an employee or subcontractor of your contractor
or subcontractors is not paid, your property may be liened to payment and you could pay twice for the same
work.
FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH
ORIGINAL “LIEN RELEASE” DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR
PROJECT.
The contractor is required to provide you with further information about lien release documents if you request it.
General information is also available from the state Department of Labor and Industries.
I have received a copy of this disclosure statement.
Dated this day of of the year .
Signature of Customer
The contractor must retain a signed copy of this disclosure statement in his or her files for a minimum of three years and
produce a signed or electronic signature copy of the disclosur9e statement to the department upon request.
For more information, please refer to RCW 18.27.114.