|This document is the rough contract framework used by the Wareham Forge for
all custom work over $500 value. Specific details of the individual project would
be included. Modifications to this standard agreement may be made to suit the
situation of any specific project.
This basic version is presented here for the information of potential customers
(this version : January 1, 2015)
The imposition by Ontario of the HST now means that ALL objects created by and services provided by the Wareham Forge, if delivered inside Canada, are now subject to 13% tax.
1) All custom designs created by the Wareham Forge are created to be durable and of high quality. A general consideration has been made of Ontario standards. The customer understands that these original art metalworks may not conform to the details of local building codes. Responsibilities for any modifications required to allow the completed piece to conform to such codes resides with the customer alone.
2) The Wareham Forge strives to produce a high quality product, but will accept no long term liability of any kind for the use or misuse of its products, now or into the future.
3) The quality of the finished work should be expected to be within the range
exhibited by sample items and/or photographs of past work examined by
the customer. Should there be a dispute concerning the quality of
the finished item, the Wareham Forge reserves the right to have the work
evaluated by an independent professional.
4) The Wareham Forge reserves the right to make minor modifications to the selected basic layout, as are determined to be consistent with good design and quality workmanship. Any major modification will be made with consultation with the customer.
5) The standard finish is an industrial metal primer plus an enamel or epoxy based top coat, and the quoted price reflects the use of this method. Although every effort will be made to select and properly apply these finishes, the Wareham Forge provides no guaranties for the durability of these coatings. Although other coatings may be considered, any added costs related to extra preparation of the surfaces, application of coatings, and extra transport as required, must be born entirely by the customer.
6) The quoted price includes a basic fee to cover installation of the completed project - detailed as expected labour hours. Every reasonable attempt will be made to provide for ease of installation, but the Wareham Forge is not responsible for any unforeseen problems that may arise during the installation. The customer will be responsible for any extra fees that cover possible changes required to the finished object due to contractor error or other problems beyond the control of the Wareham Forge.
7) Upon the acceptance of the signed contract the customer agrees to
provide an amount equal to 50% of the total cost of the project. (Or a
portion as agreed to by the customer and Wareham Forge and detailed in
8) Should the customer wish to cancel the project, they will remain responsible for a portion of the total fee equal to that amount of work already completed as of the cancellation date. This fee will include the full cost of all materials already purchased, any sub contracting already undertaken, and the cost of any work already completed (billed at the basic shop rate per day or hour as applies). Even if no physical work has been started, there will be a fee applied for the overall project design and consultation (based on the published hourly design rate).
9) The Wareham Forge reserves the right to withdraw from the project, should an emergency or other unforeseen situation arise. In this case, a full refund would be made to the customer of all deposits. The Wareham Forge will make every reasonable effort to assist the customer in retaining another artisan blacksmith to carry out the project.
10) The Wareham Forge retains full copyrights to the design of its original
art metalworks. The customer agrees to allow photographs of the finished
project to be used in any future promotions by the Wareham Forge. The
project will be titled by name, object, location only (ie 'Jones House
Object, Town') unless the customer provides specific written permission
to provide more details.
Unless otherwise indicated :
All text and photographs © Darrell Markewitz, the Wareham Forge.