Terms & Conditions – Pinecrest Montreal

These Terms and Conditions apply to all quotations, sales, fabrication, printing, delivery, installation, and related services provided by Enseignes Pinecrest (the “Company”) to its customer (the “Customer”), unless otherwise agreed in writing. By approving a quotation, issuing a purchase order, paying a deposit, approving artwork, or authorizing work to begin, the Customer agrees to these Terms and Conditions.

1.Quotations

All quotations are valid for 30 days unless otherwise stated in writing.
• Quotations are based on the specifications, measurements, materials, finishes, quantities, installation conditions,
and scope of work known at the time of estimate.
• Any changes to project scope, dimensions, materials, artwork, finishes, production method, installation method,
schedule, or site conditions may result in additional charges.
• Quotations do not include permits, engineering, electrical work, lift rental, traffic control, patching, painting, masonry,
structural reinforcement, landlord approvals, or other third-party costs unless specifically listed

2. Deposits and Payment Terms

• A deposit may be required before production begins. Standard deposit: 50%, unless otherwise stated on the quotation or invoice.
• Balance is due according to the payment terms shown on the invoice or quotation. Unless otherwise stated, the balance is due upon completion, prior to installation, or upon delivery, depending on the project type.
• For custom products, production will not begin until the required deposit, signed approval, and final artwork approval have been received.
• Overdue accounts may be subject to interest at 2% per month (24% per annum) or the maximum lawful rate stated in the invoice, plus reasonable collection costs where permitted by law.
• The company may suspend production, delivery, or installation on overdue accounts.

3. Taxes

• All prices are exclusive of applicable taxes unless otherwise stated. In Quebec, taxable sales are generally subject to GST and QST where applicable.

4. Custom Work and Non-Refundable Nature of Orders

• All signs, prints, graphics, and custom-fabricated items are made specifically for the customer.
• Once artwork, specifications, and/or shop drawings are approved and production has started, the order is non-cancellable except with our written consent.
• Deposits paid on custom work are non-refundable once design, procurement, fabrication, printing, or scheduling has begun.
• If a project is cancelled after work has started, the customer is responsible for all work performed, materials ordered, restocking charges, design time, and administrative costs incurred to date.

5. Site Survey and Measurements

• Unless the quotation clearly states that dimensions were verified by the Company, all pricing is based on measurements and information provided by the Customer.
• The Company reserves the right to revise pricing if site conditions, dimensions, access conditions, or installation requirements differ from the information originally provided.
• Where required by the Company, a site survey must be completed before production begins.
• If hidden conditions, structural issues, electrical deficiencies, unsafe surfaces, access limitations, or code-related constraints are discovered after the quotation, the company may issue a revised price or change order.

6. Artwork, Proofs, and Customer Approval

• The Customer is solely responsible for reviewing and approving all proofs, layouts, spelling, grammar, dimensions, colors, quantities, locations, and specifications before production.
• Customer approval of artwork, proofs, or shop drawings constitutes acceptance of the design exactly as shown.
• The Company is not responsible for errors approved by the Customer, including spelling, phone numbers, addresses, logos, dimensions, color choices, or layout issues.
• Any revisions requested after approval may result in delays and additional charges.

7. Colors, Materials, and Finishes

• Colors shown on screens, mockups, digital proofs, or printed samples may vary from final production due to differences in substrates, inks, paints, laminates, lighting conditions, file preparation, and manufacturing tolerances.
• Exact color matching is not guaranteed unless expressly agreed in writing and may be subject to additional charges.
• Natural variations in wood, metal, acrylic, vinyl, paint, illumination, and other materials are normal and not considered defects where they fall within reasonable commercial tolerances.
• LED illumination, acrylic, painted finishes, and printed materials may appear different under daylight, interior lighting, and nighttime conditions.

8. Permits, Approvals, and Compliance

• Unless expressly stated otherwise in writing, the Customer is responsible for obtaining and paying for all required permits, landlord approvals, shopping centre approvals, engineering approvals, and any other authorizations needed for the project.
• If the Company agrees in writing to assist with permits or approvals, all municipal fees, consultant fees, engineering fees, and revision costs shall be charged to the Customer.
• In Montreal, many commercial sign projects require a permit, including installation, replacement, or structural changes to a commercial sign.
• The Customer is responsible for ensuring that the requested signage complies with applicable laws, bylaws, zoning requirements, lease obligations, and building rules, unless compliance review is specifically included in the quotation.

9. Installation Conditions

• Installation pricing is based on normal site access and conditions as disclosed at the time of quotation.
• The Customer shall provide safe and timely access to the site, including access to electrical supply, work areas, loading zones, elevators, roof access, and any required site contacts.
• The Customer is responsible for ensuring the installation area is ready and free of obstruction.
• Additional charges may apply for return visits, waiting time, site not ready, inaccessible surfaces, hidden utilities or structural obstacles, lift or crane requirements, after-hours work, emergency scheduling, parking, street occupancy, traffic control, electrical hookup by licensed electrician, permit delays, or landlord restrictions.
• If installation cannot be completed due to conditions beyond the Company’s control, the Customer will be billed for work performed, mobilization, and any required remobilization.

10. Electrical and Structural Conditions

• Unless specifically included in writing, quotations do not include electrical service upgrades, dedicated circuits, wiring inside walls, breakers, disconnects, transformers supplied by others, structural reinforcement, engineering review, roof work, waterproofing, or repairs to existing conditions.
• The Company is not responsible for pre-existing electrical, structural, or building deficiencies.
• Any required work by licensed electricians, engineers, general contractors, or other specialists is extra unless listed in the quotation.

11. Delivery, Scheduling, and Delays

• Delivery and installation dates are estimates only and are not guaranteed unless expressly agreed in writing.
• The Company is not liable for delays caused by supplier shortages, weather, permit delays, landlord approval delays, utility delays, shipping disruptions, labour disruptions, customer revisions, lack of site access, force majeure events, or other causes beyond its reasonable control.
• Project schedules may be adjusted where production, procurement, approvals, or site conditions require.

12. Delivery, Risk, and Storage

• Risk of loss or damage passes to the Customer upon delivery, pickup, or substantial completion of installation, whichever occurs first.
• If delivery or installation is delayed at the Customer’s request or due to the Customer’s site conditions, the Company may invoice the remaining balance and charge storage, handling, re-delivery, or rescheduling fees.

13. Warranty

• The Company warrants its workmanship for a period of 1 year from the date of delivery or installation, unless a different period is stated in writing.
• Manufacturer warranties on vinyl, laminates, LEDs, power supplies, paints, acrylic, and other components are limited to the manufacturer’s own terms.
• This warranty does not cover damage caused by misuse, abuse, neglect, vandalism, accident, improper cleaning, third-party installation, modification, repair, normal wear and tear, fading, colour shift, material aging within normal
commercial expectations, storm damage, water infiltration, power surges, building movement, acts of God, or issues caused by surfaces, structures, wiring, or substrates not supplied by the Company.
• Warranty claims must be made promptly in writing and the Company must be given reasonable access to inspect the issue.
• The Company’s obligation under this warranty is limited, at its option, to repair, replacement, or credit for the defective portion of the work only.

14. Quebec Legal Warranties

• For contracts with consumers in Quebec, mandatory legal warranties may apply and cannot be excluded where the law provides otherwise.
• Any conventional warranty offered by the Company is in addition to, and not a replacement for, rights that cannot be waived under applicable law.

15. Claims and Deficiencies

• The Customer must inspect all goods and services upon delivery or installation.
• Any visible defect, shortage, or non-conformity must be reported in writing within 5 business days of delivery or installation.
• Failure to notify the Company within that time will constitute acceptance of the work, subject to any rights that cannot legally be waived.

16. Removal of Existing Signage

• Unless expressly included in writing, quotations do not include removal, disposal, patching, painting, facade restoration, electrical disconnect, or repairs related to existing signs.
• Where removal is included, the Company is not responsible for damage hidden behind existing signs, including faded surfaces, holes, cracks, water damage, adhesive residue, unmatched paint, or facade deterioration.

17. Ownership and Security Interest

• All goods supplied remain the property of the Company until paid in full, to the extent permitted by law.
• The Company reserves the right to withhold delivery, suspend services, or retain control of fabricated goods until payment has been received in full.

18. Intellectual Property

• All concepts, layouts, proofs, drawings, estimates, mockups, and design files created by the Company remain the intellectual property of the Company unless otherwise agreed in writing.
• Full payment for a project does not transfer ownership of editable production files, source files, or design rights unless expressly stated in writing.
• The Customer warrants that all artwork, logos, trademarks, and content supplied to the Company may be lawfully used for the project and agrees to indemnify the Company against any related claims.

19. Limitation of Liability

• To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost business, loss of use, reputational harm, or delay-related losses.
• The Company’s total liability for any claim arising out of the project shall not exceed the amount paid by the Customer for the specific goods or services giving rise to the claim.

20. Indemnity

• The Customer agrees to indemnify and hold harmless the Company, its officers, employees, subcontractors, and representatives from claims, damages, losses, penalties, or expenses arising from inaccurate information provided by the Customer, unauthorized use of third-party artwork or trademarks, site conditions not disclosed to the Company, customer-directed designs, wording, or specifications, or customer failure to obtain required approvals or permits where assigned to the Customer.

21. Force Majeure

• The Company shall not be in default or liable for any failure or delay caused by events beyond its reasonable control, including severe weather, fire, flood, labour shortage, strike, supply disruption, transportation interruption, pandemic-related disruption, government action, utility failure, or acts of God.

22. Governing Law

• These Terms and Conditions are governed by the laws of the Province of Quebec and the applicable laws of Canada.
• Any dispute shall be subject to the jurisdiction of the courts of the judicial district serving Montreal, Quebec, unless applicable law requires otherwise.

23. Severability

• If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

24. Entire Agreement

• These Terms and Conditions, together with any quotation, invoice, approved artwork, and written project-specific agreement, constitute the entire agreement between the parties and supersede prior discussions relating to the project.