Terms of Service

Definitions
The Fireplace Guys, of 680 Hale Ave North, Suite 110, Oakdale, MN 55128 herein referred to as “Contractor” and the purchaser/signer herein referred to as “Customer”.

Ownership
Customer guarantees that they are the rightful property owner or have written permission from the rightful property owner to perform the outlined work at the address listed on the agreed upon proposal and fulfill any obligations of this agreement on their behalf.

Payments
Customer agrees to pay Contractor, in full, for all items outlined in the proposal.

a. Fireplace Installation
Payment terms will be as follows (unless noted otherwise in writing or as listed in the proposal):
50% of total due upon acceptance, with balance due on date of Installation.

These terms, in conjunction with the agreed upon Proposal, constitute the entire agreement between both parties. Any change or modification to this agreement must be in writing and agreed upon by all parties.

In the event this Agreement was procured through a home solicitation sale as defined by Minnesota Statutes Section 325G.06: You, the Customer, may cancel this purchase at any time prior to midnight of the third business day after the date of this purchase. In all other circumstances, this Agreement is binding when signed by Customer and Contactor.

b. Cash and Carry (purchase of a fireplace unit only)
Payment terms will be as follows, unless noted otherwise in writing or listed on proposal.
Payment terms will be: 50% of total due upon acceptance, with balance due upon pickup.

Pre-Lien Notice
Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions.

Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price or withhold the amounts due them from us until 120 days after substantial completion of the improvements unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.

Warranty
All Work is to be completed in a workmanlike manner, according to standard industry practices in Minnesota. Unless otherwise required by law, Contractor provides a warranty on all labor related to the Work for a period of one year from the date Contractor ceases work on the Property. All materials provided to the Property are covered only by manufacturers’ and/or suppliers’ warranties, if any. Unless otherwise specified, all materials will be standard stock materials and other products and materials may be substituted for equivalent products due to availability. Some variation in color and texture of materials is acceptable. Contractor does not warrant or guarantee any materials or labor that Contractor did not originally provide. Contractor does not warrant labor and materials related to Customer-Direct Work and Customer-Direct Work may also void Contractor’s warranty. Contractor shall not be responsible for work required as a result of the acts or errors of others or for latent defects in materials or products. Customer acknowledges receipt of a copy of Minn. Stat. Ch. 327A and the agreed upon performance guidelines required by Minn. Stat. Sec. 326B.809(b).

Access to Property
The Price is based upon completion of the work during normal working hours and Customer agrees to provide Contractor clear and continuous access to the Property as required for the Work. Customer will be responsible for price increases if any failure to provide reasonable access interrupts Contractor’s Work.

Hidden or Hazardous Conditions
A “Hidden Condition” shall mean a concealed or unforeseeable condition not readily observable when inspecting the Property for purposes of estimating the Price. A “Hazardous” Condition shall mean hazardous materials, asbestos-containing materials, mold, insect or rodent infestation, or similar conditions. Contractor has no responsibility to determine the presence or absence of any Hidden or Hazardous Conditions affecting the Work. The price does not include and Contractor shall not be required to remove, protect against, dispose of or remedy Hidden or Hazardous Conditions. Customer acknowledges receipt of a Mold Notice/Waiver and Formaldehyde Disclosure as required by Minnesota law. Any alteration or deviation from the scope of the Work, including hidden damage, additional work required by government inspectors, out of square or out of plumb conditions, or discovery of Hidden or Hazardous Conditions, shall entitle Contractor to immediately stop the Work, require a written Change Order, and may result in extra charges beyond the original price which Customer agrees to pay.

Substantial Completion
Substantial Completion shall be the date on which Contractor’s Work is substantially finished so that the Work may be used for its intended purpose (as distinguished from the date of Customer’s acceptance thereof), or the date of Contractor’s last item of work at the Property, whichever is earlier.

Delays
Contractor shall not be responsible for delay damages arising from stoppage of the Work due to a) Customer’s breach of contract, b) Customer’s failure to provide access to the Property, c) as a result of inclement weather, strikes, fires, accidents, labor shortages, delays in delivery of materials, or d) any causes beyond Contractor’s reasonable control.

Customer-Direct Work
Contractor is not responsible for timely delivery or performance of any labor or materials for which Customer is directly responsible (“Customer-Direct Work”). Delays caused by Customer-Direct Work may result in extra charges beyond the Price which Customer agrees to pay and for which a Change Order shall be signed, including but not limited to a $200 per trip return service charge.

Payments and Collection
If Customer fails to make payment as required by this Agreement, Contractor may stop work on forty-eight (48) hours notice. The Price shall be increased by Contractor’s reasonable costs to stop and/or resume Work, and Customer agrees to pay any such costs. Customer agrees to pay a service charge of 8% per annum or the maximum amount permitted by law on all balances 30 days or more past due. Customer shall also pay for all collection costs, including employee time and expense and all attorneys’ fees and costs Contractor incurs in collection of and/or protection of its interests in Customers’ past due account or other enforcement of this Agreement.

Limitation on Claims
Any civil action alleging Contractor’s breach of this Agreement, negligence, fraud, misrepresentation, or any other claim by Customer must be initiated no later than one (1) year after the earlier of (a) the date Contractor ceases work on the Property, or (b) the date Contractor’s building permit is finalized or otherwise closed. Contractor shall not be responsible for any damage to the Property related to the weight or delivery of dumpsters, equipment or materials. Customer agrees that Customer’s maximum claim for damages against Contractor, and Contractor’s maximum liability to Customer, shall be limited to the amount Customer has paid to Contractor.

Changes to the Scope of Work
Any changes made to the original contracted scope of your fireplace installation by the Customer must be made 14 days before the date of your scheduled installation. Examples of changes may include changing the accessories of your fireplace, canceling subcontracted labor (electrical/gas installation), or any requests for additional labor. You may be required to sign a change order when requesting changes from the original contracted scope of work. Changes to scope of work may result in re-scheduling the original date of installation.

Rescheduling an Installation
Any change to agreed upon installation date by Customer must be made at least 14 days prior to scheduled date, otherwise a rescheduling fee may be charged up to $495.00. Most installations involve securing the product, scheduling several parties including, but not limited to: The Fireplace Guys LLC, city inspectors, and mechanical or electrical contractors.

Special order Items
Certain specialty items for your gas fireplace installation may be nonrefundable. Special order items may include but not limited to: mantels, stone fabrications, custom metal, gas fireplaces and gas fireplace accessories.

Canceling an Installation
If canceling an installation after the 3-day cancellation period. You may be subject to a restocking fee of 20% and/or providing payment for hard costs such as shipping charges and permit fees.