Terms of Service

Stuff happens. That's a given. It's what you do after that makes or breaks you. So here are my terms, so that when something happens we are on the same page.


By hiring, purchasing from, or else wise engaging with myself (Christopher Hurkens) or Chris Fix It, you explicitly agree to these terms, which become a legally binding contact between myself and yourself (the customer).

 

Payment

Unless alternate plans are made BEFORE work begins, in writing, payment is expected immediately after work is completed. On larger projects, payment for materials is due upon delivery. For Commercial customers and Management companies, payment is due 30 days from the invoice date. Valid payment must be received on or before the due date to avoid fees, interest, and other consequences. Payment can be accepted via Cash, Interac eTransfer, PayPal, or Credit Card. The customer is responsible for paying any and all transaction fees (in the case of Credit Card, that is 5%, which will be added to the total). Cheque is also accepted for established customers, or for onsite work where the cheque address matches the service address, or commercial customers.

Rates & Quotes

In most situations, I try to provide flat rate quotes, so you know exactly what you pay. 


However, there are several situations where this is not possible or preferable. In those cases, the invoice will be based on my hourly rate plus material costs. 


For customers who pay immediately upon completion, my rates are $50/hr beginning March 1 2019, or $60/hr beginning March 1 2020. For customers that require invoicing and time to pay (up to 30 days / NET30), rates are $60/hr beginning March 1 2019, or $75/hr beginning March 1 2020. This rate applies to all time spent on a project, including travel, store runs, and time spent off-site (travel waived within Lethbridge), except quoting and invoicing. Beginning April 15 2019, to cover time quoting, invoicing, and other logistics, 0.5 hours are added to all residential invoices, and 1 hour is added to all commercial invoices. A minimum 1 hr is charged for all visits requiring an appointment or for commercial clients. Materials are rounded up to the nearest $5 after GST.


Finally, I strive to stick to my quotes. However, there are some situations in which that will not be possible. Some reasons are:


  • The job is charged by the hour, in which the quote is a guideline, and the final hours may be higher or lower than quoted.
  • The job is fixed rate, however, the scope changes significantly. For example, I quote the customer to hang drywall, only to find the wall was improperly framed or contains leaking pipes, which must be first repaired. The customer will be notified of the change as early as possible, and will be given the option to cancel upon payment of the greater of (hours invested * normal rate) or (% completed * flat rate), plus or minus materials as applicable.
  • The cost of materials or hired-out labour changes significantly between the quote and the time of purchase, or the quantity or type of materials are altered after the initial quote. This could include materials being out of stock, sales ending, subcontractors failing to honour their commitments, or the customer changing their mind on the finish or brand after the quote. I will strive to be as transparent as possible, and to mitigate the cost increase as much as possible, but these increases are typically beyond my control and therefore must be passed on to the customer.
  • I reserve the right to adjust quotes at anytime before beginning work. I will not begin work on quoted jobs before receiving written or recorded approval of the quote.
  • All invoices may vary by up to 10% in either direction from the quote if I deem the change justified, even if there is no change in scope or materials, unless explicitly waived on the quote itself.

Quotes provided based on X hours at a specific rate are always by the hour; quotes provided based on X total for the job are always flat rate. The customer cannot change whether a job is flat rate or by the hour once work has commenced. Even if a flat rate job takes longer or shorter than expected, the total will not change by more than 10% unless the scope has changed significantly.

Deposits

Sometimes I ask for deposits for certain services or goods. I typically only do this on purchases pending delivery, for offsite services, or online orders, wherein the deposit protects me in the event of cancellation. For this reason, deposits are usually non-refundable, however, this also means there is typically no additional penalty in the event of cancellation (but I do still need to be notified as soon as possible). 

General Clarifications

Although I pride myself in quality work, I am not licensed/certified as a plumber, electrician, automotive technician, or otherwise (except as a Kantech Access Control Installer.) I am however a homeowner, and do my own computer, automotive, and home maintenance, repairs, and upgrades. I have completed an A+ Computer course, and have been doing computer repairs for over a decade. I come from a family of tradespeople. I am also a fast learner and a adept problem solver, and have found few problems I could not fix. 


As such, I do not pull permits. Only licensed tradespeople and homeowners can pull permits. As such, it is the customer's responsibility to comply with municipal requirements, and I cannot accept any responsibility for a customer's failure to do so.


I may or may not hire subcontractors to assist with jobs. At no point are your responsible for paying subcontractors, nor should you go to them for concerns or warranty claims. Everything goes through Chris Fix It.

Returns/Refunds

Generally speaking, all sales are final. Typically, returns are only accepted in the following cases:


  • On items with warranties, when that item suffers a warranty covered failure, and replacement/repair is not feasible (as determined by myself), the item will be accepted for return.
  • On excess materials for a service, that are returnable to the original seller, or that came from my personal inventory. Excess materials must complete/whole. No refunds can be given for scrap or partial units.
  • On items I purchase for a customer, that are able to be returned to the original store/seller. A fee may apply for restocking.
  • On items that are significantly different that what was requested by a customer, or that will not work for the customer's use IF that use was given at or before the time of purchase.
  • On most services where I am unable to repair the problem.

However, even if an item is nonreturnable, please let me know your issue or concerns, and I will do my best to find a suitable solution. I may be able to accept a nonreturnable item for a partial refund, or exchange it for something else.

Refunds are only available when I fail to complete an agreed service, or when I am unable to repair or remedy a valid warranty issue. Refunds do not apply to travel fees, or to non-returnable or consumed parts/items/materials, even when the labour is refunded.

 

Reviews/Feedback

I love hearing from my customers! If you have a positive experience, please share it on my Google Maps or Facebook listing. If you have had a bad experience, please contact me before you post; I want to make sure that you have a 5 star experience.

Guarantee

I guarantee all my work and my materials for 90 days, and will repair or replace any defect at no charge within 90 days. 


I do not guarantee customer provided materials. I also do not guarantee my work/materials if they have been modified, damaged, neglected, abused, or where the failure was caused directly or indirectly by the customer or a third-party, or other problems beyond quality of components or workmanship, are not covered. I may also withdraw my warranty, verbally or in writing, before work begins, on certain work or materials. I also only guarantee performance to the use or specifications discussed, written, or if neither, to a level or use that could be reasonable assumed. If you want something done a certain way, you need to make that clear before I start.


I only guarantee the actual work I performed. Any claims not directly related to the actual work performed, or beyond the scope of the work I performed, are not covered. My guarantees are not legally binding, and I solely may determine the remedies for warranty claims. I do not pay for repairs to my work done by the customer or third parties hired by the customer.


Labour is usually free on warranty repairs. However, some other costs are not, such as travel out of Lethbridge, or possibly additional or replacement material or part costs. Whenever possible additional costs will be made known before hand. 


No guarantees exist on used goods sold on their own (exclusive of a service), unless those items have been specifically advertised as having a warranty.

Non-Payment

I take non-payment very seriously. Once work has been signed off on, or otherwise deemed suitably complete, payment is due, and must be paid within the normal terms (immediately for most work; within 7 days for large, multi-day projects; within 30 days for commerical customers/management companies; or according to other payment terms as written on the invoice/estimate). If there is an issue, it must be made known prior to signing off, or the job will be considered complete and payment due. If there is an issue after signing off but before payment, then the issue is considered a warranty item, and is not cause for failure to pay. Where full payment is over 24 hours late, or where the customer has refused payment, the account will become delinquent, and the following will occur:


  • All guarantees will become void
  • The customer's information may be submitted to collection agencies.
  • A non-payment fee equal to 2 hours labour will be charged.
  • The customer will owe interest on the balance at a rate of 2% per month.
  • Any goods left with Chris Fix It will be withheld until payment is made in full.
  • A lien may be filed on any properties that work has been performed on.
  • The customer will be billed for all fees (such as NSF), additional time, resources, and expenses incurred to recover payment, including court, registry, and collection agency fees. Repayment will only be considered full when there are enough monies after paying all additional time and expenses to cover the entire amount owing.
Additionally, I have a lien on any goods/property that are left with me against monies owing to me by the customer. On accounts more than 30 days delinquent, or where work has been complete and the customer unreachable for more than 30 days, those goods shall be forfeited and may be sold, and the amount will be deducted from the total, less selling costs (including time). I am not liable for any loss a customer or third party suffer due to the sale of property. 

Further, I am the sole owner of any and all intellectual property I create, unless the intellectual property has been purchased and paid for in full. The use of any intellectual property, whether it be images, graphics, text, code, files, etc, shall be considered stolen if used without permission and without full payment, which theft will be fully persecuted.

Chargebacks, cancelled checks, and other returned or invalid payment will cause the account to be considered deliquent unless corrected within 24 hrs, with any fees (NSF, etc) added to the balance.

Upon full payment, I will return any property yet in my possession. If the debt is paid willingly, guarantees may be reinstated. 

By hiring me, the customer agrees to be held liable, and to pay any addition costs, interest, etc, should they fail to pay for services and materials rendered.

Any partial payments provided by the customer will be used towards the total. However, acceptance of payment never waives my right to collect on the balance, nor does acceptance of other non-conforming behaviour waive my contractual rights. Further, an account cannot be considered to be in good standing once it has become delinquent until all monies owed have been paid. 

Liability and Legal Action

I do guarantee my work, however, I do not accept any liability for my work (or the work of subcontractors), or for any damages that may result from my work or any interaction between myself Christopher Hurkens, my subcontractors, and the customer. The customer agrees to waive my liability, any and all claims against myself, Chris Fix It, and any sub-contractors for any losses resulting from any work, service, refusal to provide services for any reason, failure to complete in a given time frame, or other real or perceived loss caused in any way from any action or inaction of myself, Chris Fix It, or subcontractors. 


I will do my best to remedy any situation that may arise, and will willfully repair any damage or issue caused as a result of my actions or inaction, but I have no legal obligation to do so. 


By hiring me, you, the customer, agree to this. 


Further, if it is found I am liable for damages, and the waiver above is declared void, the customer agrees that my liability for damages is limited to the amount that the customer has paid for the work in which the damages occurred. If the customer has not paid for the work, their claim is limited to clearing any debt to Chris Fix It for the work in question.

Serverability

If any portion, clause, or sentence of these terms becomes unenforceable, illegal, etc, only that specific sentence or portion is considered invalid and the remainder remains in force.