Terms and Conditions: Homeowner is Eby's Customer

  • Terms and conditions as stated herein become a part of our proposal and will apply to the acceptance by Eby Construction of your order. All terms and conditions in this document replace any previous contracts or agreements.

Invoicing Schedule

  • 20% invoice upon acceptance of Proposal. Eby will begin work after receipt of 20% payment
  • 50% invoice upon completion of shop drawings. Finishing will begin after receipt of 50% payment
  • 15% invoice upon completion of finishing. Delivery and install begin after receipt of 15% payment
  • 15% invoice upon substantial completion of installation. If minor items are incomplete at end of main install effort, Customer and Eby will define a reasonable dollar value to withhold pending full completion of project
  • If more work is added to the project during the course of the project, Eby will invoice Customer for added work in a reasonable interval, based on the nature of the work

Pricing

  • Quoted prices are valid for 60 days from the proposal date. Pricing is contingent upon entire scope of work
  • If Eby Construction does not install your project, the total cost will be adjusted and California Sales Tax added to entire fabrication and finishing values
  • Pricing for the scope of work in this proposal is fixed.
  • Pricing may change with design and scope of work changes
  • Planned changes to pricing will be submitted by Eby Construction for approval by Customer in the form of Change Orders or Revised Proposals
  • Once approved, the scope of work in a Change Order or Revised Proposal is part of the fixed price for the project
  • Unforeseen circumstance or sudden requests for extra work by Customer may not allow adequate time for the Change Order process. In such an event, Contractor may direct Eby to perform extra work on a time and materials basis
  • Work done on a time and material basis will be billed hourly, based on the Staff Roster
  • Materials and supplies associated with time and materials work will be billed at cost plus markup

Hourly Rates

  • Cabinetmaker: $90/hour
  • Installer: $90/hour
  • Metalwork: $150/hour
  • Transportation: $90/hour per person
  • Brian Eby: $180/hour

General Exclusions

  • The following work is excluded unless noted specifically in an Area of Work:
  • Finish Carpentry, including wall paneling, standing and running trim, doors, jambs and casing
  • Electrical components and electrical work
  • Undercabinet valences are included, with wiring access planned. These valences will be sized according to lighting specification
  • Plumbing fixtures and plumbing work
  • Appliances and appliance installation
  • If cabinet-face appliance panels are included in the scope of work:
  • Eby will install panels on appliances prior to appliance installation
  • OR
  • Eby will install panels on appliances after appliance installation
  • Further coordination of cabinet-face appliance panels will be provided as needed, either bid as an extra scope of work, or billed hourly

Shop Drawings

  • Three rounds of drawings included: submittal, 1st revision, 2nd revision. Drawing sequence:
  • Submittal: Eby sends drawings to Customer. Customer distributes to necessary parties
  • Submittal Response: Customer provides red line response to Eby for 1st revision
  • After 2 revisions, Customer provides approval of shop drawings, and releases Eby to fabricate
  • If there are comments after the 2nd revision, further drawings will be billed hourly

Materials and Finishes

  • Wood is a natural product with unique characteristics. While we will always choose the most attractive material for each project, grain pattern, color and tone will vary throughout and between any wood products
  • If Customer takes issue with final wood selection or finish, Customer and Eby will review the finish together, discuss expecations, and develop a reasonable resolution. In most circumstances Customer will incure additional cost when changes are made to an approved materials/finishes assembly after the work is complete
  • (1) round of samples consisting of an example of each principal material/finish is included in proposal. Submittal process:
  • Submittal: Eby sends submittal to Customer. Customer distributes to necessary parties
  • Submittal Response: Customer provides approval, or provides red line response to Eby
  • If revised submittals are needed, repeat submittal process as needed until approved
  • Further revisions beyond initial submittal will be billed additionally: Eby labor hourly, materials cost plus markup, outside services vendors cost plus markup

Delivery and Installation

  • Delivery and installation of project included unless noted otherwise
  • Delivery price assumes continuous access to site and adequate space to safely place all casework without delay
  • Staggered installations and/or deliveries can be bid as defined by Customer in advance, or billed hourly as they occur
  • Eby Construction does not guarantee any shipment or delivery date. Any time or date stated by Eby or any of its agents or employees for shipment or delivery is intended as an estimate only

Repairs and damage to adjacent finishes

  • While Eby will take care to avoid damaging adjacent finishes, Eby is not responsible for adjacent finishes
  • Repair of adjacent finishes after Eby install is by others, not included in Eby’s proposal value. Eby will define a value for repairs and perform those repairs at extra cost upon request

Correction of Work

  • After the contract is substantially completed, a representative from Eby Construction and the Customer shall jointly inspect the work and a single list (punch list) shall be prepared identifying all work to be completed or corrected. Eby Construction shall then expeditiously complete all work stated on the punch list for which they are responsible in the terms of this Agreement.
  • The Customer shall not contract with any alternative contractor for the performance or completion of work within the scope of the Agreement, nor shall the Customer claim a credit or back charge for the cost of completing an item stated on the punch list, nor shall the Customer occupy or use the stated work until and unless Eby is first given reasonable notice and opportunity to correct the work stated on the punch list referred to above
  • If Customer does contract with an alternate contractor to perform the punch list work, or otherwise completes the project without first affording the above-described opportunity to Eby, or if the Customer or end user commences to use or occupy the space or work in which Eby performed work, the customer then agrees to accept all work “as is” and thereby waives any claim against Eby under the terms of the Agreement, including warranty claims
  • If Customer has occupied the work area, and Eby elects to continue punch list, Customer shall provide Eby with reasonable access, a protected (from adjacent finishes) access path to work areas, and any required temporary facilities (toilet, water, tool storage)

Warranty

  • Eby insures that all material, products and taxes relating to the Customer’s project are paid and that there will be no potential lien claimants after the Customer’s final payment has been made to Eby
  • All work shall be performed in a professionally reasonable manner free from defects in workmanship
  • Materials or hardware used by Eby Construction or its subcontractors shall be warranted only to the extent that the suppliers or manufacturers of those products provide a warranty
  • Warranty on the workmanship and material shall be for a period of 12 months from the date of the contract; unless otherwise specified in the material or supplier’s warranty
  • Eby Construction will perform all necessary labor to repair or replace all defective work at no cost to the customer, and will expeditiously act in good faith to secure replacement products or materials under warranty of products or services
  • Any warranty work performed during the warranty period does not extend the warranty any further than was previously stated in terms of the time from the date of the contract
  • All aspects of this warranty are void if a person or company other than Eby Construction performs or re-performs any work within the scope of the warranty
  • The following are excluded from warranty by Eby Construction:
  • Movement or misalignment of cabinets due to settling or movement of foundation floors, walls or ceilings
  • Damage to woodwork, finish, or any defect due to exposure to excessive moisture, light, heat, humidity, or cold
  • Wood movement, raising of grain, or any other problem or defect arising from exposure to moisture at the customer’s job site if cabinets or woodwork are delivered unfinished or unsealed, or if job site temperature and humidity are not stable and consistent with final conditions of completed project
  • It is the responsibility of Customer to insure that all products ordered from Eby Construction comply with all local codes relating to other subcontractors whose work affects Eby products, i.e. (framing, plumbing, electrical)
  • The warranty will not include any changes or alterations necessary to conform to such codes

Storage and Handling

  • Storage and handling fees will be applied to any and all projects undeliverable for more than 30 days due to delays after fabrication and/or finish are complete. If finish is delayed after fabrication due to lack of specification, storage fees will apply beginning 30 days after fabrication
  • Storage charges are assessed at $ 0.75 per square foot, per day, 5 days per week
  • Handling charges are assessed hourly
  • Storage and handling fees will be invoiced monthly and will be due prior to delivery or installation of any projects

Late Payments

  • Account balances not paid within 30 days of invoice date will be charged a finance charge of 1.5% per month and a $25 late fee
  • All returned checks will incur a $50 handling charge plus bank fees, per occasion
  • Projects with past due balancesmay be converted to a 100% Pro Forma terms prior to delivery or installation
  • Any hold-back or retainage shall be paid within 30 days of the completion of the original punch list items
  • No claims will be accepted on accounts with unpaid balances