
Incorporated into every proposal, estimate, change order, invoice, work authorization, and agreement issued by Monarch Custom Finishes Inc.
These Terms and Conditions are incorporated into every proposal, estimate, change order, invoice, work authorization, and agreement issued by Monarch Custom Finishes Inc., referred to as "Contractor." The customer, property owner, authorized agent, general contractor, designer, or other contracting party is referred to as "Customer."
By electronically accepting the proposal, signing the agreement, paying a deposit, directing Contractor to begin work, or permitting Contractor to perform work at the project location, Customer acknowledges that Customer has reviewed, understands, and agrees to these Terms and Conditions.
The complete agreement consists of:
If there is a conflict between documents, a signed change order controls over the original proposal, the proposal controls over these general Terms and Conditions regarding project-specific pricing and scope, and mandatory law controls over all contract documents.
No oral statement, representation, promise, or understanding modifies the Contract unless confirmed in writing by Contractor.
Contractor shall provide only the labor, materials, preparation, applications, coatings, finishes, sealing, and related services expressly described in the accepted proposal.
Anything not specifically listed is excluded, including demolition, structural repairs, framing, drywall installation, plumbing, electrical work, HVAC work, waterproofing, drainage correction, shower-pan construction, leveling, extensive substrate repair, mold remediation, asbestos or hazardous-material remediation, furniture moving, protection by other trades, permit fees, engineering, architectural services, or work by licensed trades unless expressly included.
Pricing is based upon the surface areas, dimensions, conditions, quantities, access, and assumptions identified in the proposal. Additional surface area, concealed conditions, substrate deficiencies, extra preparation, additional material coats, return mobilizations, or work not reasonably visible during the initial inspection shall constitute additional work.
Customer acknowledges that microcement, Venetian plaster, lime plaster, mineral coatings, decorative cement, textured plaster, polished plaster, and similar finishes are handcrafted and inherently variable.
Natural and acceptable characteristics may include:
These characteristics are part of the intended handmade appearance and do not constitute defective workmanship.
Samples and renderings are representative only. Contractor does not guarantee an exact match to a photograph, digital rendering, printed image, small sample board, previous project, natural stone, concrete, plaster, or another material.
Customer's approval of a color, sample, mockup, or initial application area constitutes authorization to proceed. Changes requested after approval are chargeable change-order work.
Contractor's pricing and warranty assume that all substrates are structurally sound, stable, properly fastened, properly constructed, adequately cured, dry, clean, and suitable for the specified finish system.
Customer acknowledges that decorative finish systems are dependent upon the performance of the underlying structure and substrate.
Unless expressly included, Contractor is not responsible for:
Grinding, patching, mesh reinforcement, crack treatment, primers, base coats, and similar preparation reduce risk but do not convert the finish system into a structural repair system and do not guarantee that existing or future cracks will not telegraph through the finished surface.
Heavy grout lines, deep joints, uneven substrates, transitions, or highly absorbent areas may require additional preparation or additional base coats. Such work shall be performed only through a change order.
If Contractor recommends corrective work and Customer declines it, Contractor may exclude the affected area from the warranty or decline to proceed.
Microcement and decorative finishes are not substitutes for code-compliant waterproofing, plumbing, drainage, structural preparation, or shower-pan construction.
Waterproofing is included only when expressly identified in the proposal. When waterproofing is performed by others, Contractor may rely upon the waterproofing system without destructive testing and is not responsible for its design, installation, continuity, penetrations, transitions, or performance.
Contractor is not responsible for:
Customer shall test and approve waterproofing and drainage before decorative finishes are installed when those systems are performed by others.
Wet surfaces may become slippery. Slip-resistant additives, textures, or treatments are included only when specifically listed. No surface can be guaranteed slip-proof.
Customer shall provide:
Customer shall maintain environmental conditions required by the product manufacturer throughout installation and curing.
Additional parking, valet, loading, elevator, security, access, disposal, or building-management charges not included in the proposal shall be reimbursed by Customer.
Contractor may stop work if conditions are unsafe, inaccessible, excessively contaminated, improperly prepared, outside product requirements, or materially different from the conditions represented to Contractor.
Contractor's surfaces require controlled application and curing conditions. Customer and Customer's general contractor are responsible for coordinating other trades.
Other trades shall not walk upon, lean against, cover, drill, cut, tape, clean, paint, caulk, install fixtures upon, or otherwise disturb Contractor's work until Contractor confirms that the surface may be accessed.
Contractor is not responsible for damage, contamination, scratches, staining, dents, cracking, overspray, adhesive transfer, tape marks, water exposure, construction debris, or other damage caused by Customer, occupants, pets, movers, installers, cleaners, or other trades.
Repairing damage caused by others is additional work.
If Contractor's work is delayed or interrupted by other trades, incomplete prerequisite work, inaccessible areas, customer changes, building restrictions, or conditions outside Contractor's control, Contractor may adjust the schedule and charge for additional mobilization, labor, lodging, storage, parking, protection, and related expenses.
Start dates and completion dates are estimates and are not guaranteed unless expressly designated as guaranteed in writing.
The schedule may be extended due to:
The estimated start date stated in the proposal or subsequent written schedule shall constitute the parties' mutually agreed commencement period, including for purposes of any law governing deposits, permitting, or commencement of residential improvement work.
Time is not of the essence unless expressly stated in a signed agreement.
Unless the proposal states otherwise, payment shall be made as follows:
Payment milestones are based upon completion of the identified construction stage and are not dependent upon unrelated work, inspections by third parties, Customer financing, insurance proceeds, lender disbursements, or completion by other trades.
Invoices are due upon receipt unless another due date is stated. Customer may not withhold, offset, back-charge, retain, or deduct payment without Contractor's prior written agreement.
Minor punch-list items that do not prevent the intended use of the work do not justify withholding payment.
Past-due balances may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less. Customer is responsible for reasonable collection costs, lien-related expenses, court costs, and attorneys' fees as permitted by the Contract and applicable law.
Contractor may suspend work without liability if any payment is not made when due. Schedule availability following suspension is not guaranteed, and remobilization charges may apply.
Deposits reserve production and scheduling capacity and may be used for material procurement, custom tinting, freight, staffing, preparation, and administrative costs.
Custom-colored, opened, tinted, special-order, or project-specific materials are nonreturnable once ordered or produced, except where cancellation rights cannot legally be waived.
If Customer cancels before work begins, Customer remains responsible for costs already incurred, nonreturnable materials, restocking charges, design and sample work, administrative costs, scheduling losses, and other amounts legally recoverable.
Any remaining refundable balance shall be calculated after these charges.
Changes to scope, color, system, texture, material, quantity, design, schedule, access, preparation, or sequencing require a written change order.
Written authorization may be provided through internal software, email, text message, signed field authorization, or another written electronic communication from Customer or Customer's authorized representative.
A change order may modify price, schedule, materials, system build, warranty, or completion date.
If Customer directs Contractor to perform additional work before a final change-order price is established, Customer shall pay Contractor's then-current labor rates plus materials, equipment, freight, mobilization, disposal, supervision, overhead, and profit.
Contractor is not required to perform changed or additional work until the change order and any required payment have been approved.
Contractor shall use commercially reasonable methods to protect adjacent surfaces identified within the immediate work area.
Customer acknowledges that grinding, sanding, mixing, troweling, and polishing create dust, noise, odors, vibration, and temporary disruption. Dust-control equipment reduces but does not eliminate airborne dust.
Unless specifically included, Contractor is not responsible for whole-building containment, specialized environmental cleaning, removal of existing construction debris, protection of areas outside the work zone, or cleaning performed after other trades reenter the area.
Customer or the general contractor is responsible for protecting completed work after Contractor leaves the site. Tape, plastic, rubber-backed coverings, nonbreathable materials, wet coverings, and adhesive products shall not be applied directly to completed surfaces without Contractor's written approval.
"Substantial Completion" occurs when Contractor's work is sufficiently complete for its intended use, even though minor correction or touch-up items may remain.
Customer shall inspect the work promptly and provide one written punch list identifying reasonably observable workmanship concerns within three calendar days after notice of Substantial Completion.
Items not identified during that period shall be considered accepted, except for latent defects covered by the written warranty.
A punch list does not include customer preference changes, changes to an approved sample, natural decorative variation, damage by others, or work outside the original scope.
Contractor shall be given a reasonable opportunity to inspect and correct legitimate punch-list items before Customer hires another contractor or performs repairs.
Contractor warrants to the original Customer that Contractor's installation labor will be performed in a good and workmanlike manner, consistent with generally accepted trade practices and the applicable product manufacturer's written installation requirements.
This limited workmanship warranty remains in effect for one year from the date of Substantial Completion.
The warranty applies only to a covered defect caused solely and directly by Contractor's failure to perform the contracted installation work in accordance with the workmanship standard stated above.
Contractor's sole obligation and Customer's exclusive remedy under this warranty shall be, at Contractor's option:
Contractor determines the appropriate repair method, materials, scheduling, and extent of repair.
Due to aging, wear, lighting, batch variation, substrate absorption, and the handmade nature of decorative finishes, Contractor does not guarantee that a repair will be invisible or exactly match surrounding surfaces.
Warranty repairs do not restart the original warranty period. A repaired area shall remain covered for the remainder of the original warranty period or ninety days from completion of the repair, whichever is longer.
This warranty is nontransferable and applies only to the original Customer and original project location.
The limited workmanship warranty does not cover:
Sealers and protective coatings are wear surfaces and may require periodic maintenance or recoating. Normal wear of a protective coating is not defective workmanship.
Customer must notify Contractor in writing within ten calendar days after discovering a claimed defect and within the applicable warranty period.
The notice must include:
Customer shall take reasonable action to prevent further damage and shall preserve the area for inspection.
Customer must provide Contractor reasonable access to inspect, test, document, and, when covered, repair the condition. Customer shall not conceal, alter, remove, repair, or permit another person to repair the claimed condition before Contractor has a reasonable opportunity to inspect it, except for reasonable emergency measures necessary to prevent immediate property damage.
Failure to provide timely notice or an opportunity to inspect and cure may reduce or eliminate warranty coverage to the extent Contractor is prejudiced by the delay or alteration.
Customer may be charged for inspection, travel, testing, destructive investigation, or service work if the condition is determined not to be covered by the warranty.
Manufacturer warranties, if any, are provided solely by the manufacturer and are subject to the manufacturer's requirements, exclusions, claim procedures, and remedies.
Contractor will reasonably assist Customer with a valid manufacturer claim but does not independently guarantee the manufacturer's product or the manufacturer's response.
Except for the express limited workmanship warranty and any rights that cannot legally be waived, Contractor disclaims all other express or implied warranties to the fullest extent permitted by law, including implied warranties of merchantability or fitness for a particular purpose.
To the fullest extent permitted by law, Contractor shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of use, loss of income, lost rent, lost profits, hotel expenses, relocation costs, emotional distress, diminution in value, or damage to property outside Contractor's direct scope of work.
Contractor's total liability arising from the Contract shall not exceed the amount actually paid to Contractor for the specific portion of work giving rise to the claim.
These limitations do not apply to liability that cannot legally be limited or waived, or to damages established to have resulted from Contractor's fraud, willful misconduct, or gross negligence.
Contractor may suspend or terminate work upon written notice if:
Upon suspension or termination resulting from Customer's conduct, Customer shall pay for all work performed, materials ordered, committed labor, demobilization, storage, restocking, travel, overhead, and profit allocable to the contracted work, together with legally recoverable collection expenses.
If Customer terminates the Contract for convenience, Customer shall provide written notice and pay the same amounts.
Contractor does not waive any construction-lien, payment-bond, collection, or other legal rights unless Contractor executes a written waiver or release complying with applicable law.
For every applicable Florida residential direct contract exceeding $2,500, the exact statutory warning required by section 713.015, Florida Statutes, must be placed in no less than 12-point, capitalized, boldfaced type on the front page of the contract or on a separate page signed and dated by the owner.
That statutory notice and any required lien-law addendum are incorporated into the Contract. The notice reads as follows.
CONSTRUCTION LIEN LAW WARNING
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
Before filing a lawsuit concerning an alleged defect, Customer shall provide all notices required by Chapter 558, Florida Statutes, and shall provide Contractor the required opportunity to inspect, evaluate, offer to repair, and perform an accepted repair.
Nothing in this section eliminates any mandatory rights or procedures established by Florida law.
Before commencing litigation, the parties shall:
If mediation does not resolve the dispute, either party may pursue available legal remedies.
Florida law governs the Contract. Exclusive venue shall lie in the state or federal court having jurisdiction in the Florida county where the project is located, unless the parties agree otherwise in writing.
The prevailing party in an action arising from the Contract is entitled to recover reasonable attorneys' fees and costs to the extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND CONTRACTOR KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY IN ANY DISPUTE ARISING FROM OR RELATING TO THE CONTRACT.
Where the transaction qualifies as a home solicitation sale or another transaction subject to a statutory cancellation period, Contractor shall provide Customer with the applicable Buyer's Right to Cancel notice in the form and manner required by Florida law.
Nothing in the Contract waives a cancellation right that cannot legally be waived.
Customer's cancellation after expiration of any applicable statutory cancellation period remains subject to the deposit, material, scheduling, termination, and cancellation provisions of the Contract.
Contractor has no responsibility to identify, test, remove, transport, or remediate asbestos, lead, mold, silica hazards created by preexisting materials, contaminated dust, biological hazards, or other hazardous substances.
If suspected hazardous material is encountered, Contractor may stop work until Customer retains a qualified professional to inspect and remediate the condition.
Delays and additional costs resulting from hazardous or unknown materials are Customer's responsibility.
Contractor is not liable for delay, suspension, or inability to perform caused by events beyond Contractor's reasonable control, including severe weather, hurricane, flooding, fire, casualty, transportation disruption, material shortage, supplier failure, labor shortage, illness, governmental action, building closure, utility interruption, civil disturbance, or other force-majeure event.
The project schedule shall be extended for the period reasonably affected.
Contractor may photograph and document the work for quality control, warranty records, training, estimating, and internal business purposes.
Contractor shall not publicly disclose Customer's name, address, personal information, or security-sensitive information without permission.
Unless Customer provides a written objection before work begins, Contractor may use nonidentifying photographs of completed finishes for Contractor's portfolio, website, social media, training, and marketing.
Customer represents that Customer owns the property or has legal authority to authorize the work.
Customer shall identify any designer, general contractor, property manager, spouse, employee, or representative authorized to approve selections, direct field work, receive notices, or approve change orders.
Contractor may reasonably rely upon written directions from an authorized representative.
Customer shall follow Contractor's written care, cleaning, curing, and maintenance instructions.
Customer is responsible for periodic inspection and maintenance of sealers, caulking, joints, plumbing fixtures, drains, waterproofing transitions, and adjoining building components.
Failure to perform reasonable maintenance or follow the care instructions may void warranty coverage for resulting damage.
If any provision is determined to be invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision shall be enforced to the maximum extent legally permitted.
Contractor's failure to enforce a provision on one occasion does not waive the right to enforce it later.
Electronic signatures, electronic approvals, accepted estimates, text messages, emails, and electronically transmitted documents may be used as written communications and evidence of authorization to the extent permitted by law.
Customer consents to receiving project notices, invoices, change orders, warranty communications, and other documents electronically.
The Contract contains the complete agreement between the parties and supersedes prior discussions, negotiations, estimates, representations, and understandings regarding the work.
No amendment is effective unless documented in writing and accepted by both parties.
Customer acknowledges that Customer: