Terms and Conditions - Macam Living

Terms & Conditions

Effective Date: September 1, 2025
Contact: mcampbell@macamliving.ca

In these Terms & Conditions:

“Macam Living”, “we”, “us”, or “our” refers to Macam Living.
“Client”, “you” or “your” refers to the individual or legal entity entering into a contract with Macam Living to provide services.
“Services” includes but is not limited to decks, fencing, basement finishing, bathroom renovations, secondary dwellings, backyard projects, fencing, and any related work.
“Site” refers to the physical location where Services are to be performed.
“Contract” or “Agreement” refers to the accepted proposal/estimate or work order between Macam Living and the Client.

A Contract is formed when Macam Living provides a written estimate/proposal and the Client accepts it in writing or via email.
These Terms & Conditions, together with the estimate/proposal (including scope, price, timeline), constitute the entire Agreement between Client and Macam Living.
Any additional or different terms proposed by Client are not binding unless agreed in writing by Macam Living.

Macam Living will perform the Services as detailed in the accepted estimate/proposal.
Any changes to the scope of work (e.g. additional work, changes in materials, adjustments to design) must be agreed in writing, and may result in additional charges and/or extension of timelines.

The price for the Services is as set out in the estimate/proposal. All prices are in Canadian dollars, inclusive of applicable taxes unless otherwise noted.
A deposit may be required before work commences. The deposit amount will be specified in the estimate/proposal.
The remaining balance is due upon completion of the Services, unless otherwise agreed in writing.
If work is spread out over multiple stages or with progress payments, invoices will be issued at agreed intervals. Payment is due within the timeframe stated on the invoice (typical ___ days). Late payments may incur interest or fees.

The Client must provide access to the Site as needed, permit necessary inspections or approvals, ensure utilities are available and located, and provide required permits or permissions unless Macam Living has agreed to obtain them.
The Client must disclose any relevant information about the Site that may affect safety or performance of the work (e.g. underground utilities, soil conditions).
The Client is responsible for ensuring compliance with applicable building codes, zoning, permits, and regulatory requirements, unless Macam Living has agreed in writing to manage those.

Macam Living will provide estimated start and completion dates in the proposal. These dates are estimates and may be subject to change.
Delays caused by the Client (e.g. delayed approvals, changes, lack of access) or by events beyond Macam Living’s control (weather, supply delays, force majeure) may extend the timeline.
Macam Living will inform the Client as soon as practicable of any anticipated delays.

If the Client requests changes not included in the original scope, those changes will be treated as a variation.
Variations will be priced separately. Work will not proceed on variations until agreed in writing.
Any additional materials, labour, or other costs will be added to the final invoice accordingly.

Macam Living will comply with applicable building codes, safety regulations, and other laws in Ontario.
The Client is responsible for obtaining any required permits or approvals, unless otherwise agreed in writing.
Macam Living may require proof of permits before commencing work; failure to obtain required permits may lead to work being halted, additional costs, or liability shifts to the Client.

Macam Living warrants that the Services will be carried out with reasonable skill, care, and diligence in accordance with industry standards.
Any defects or deficiencies noticed by the Client must be reported to Macam Living in writing within a reasonable time after completion.
Macam Living will correct defects that are covered under warranty at its discretion, provided such defects are not the result of misuse, neglect, or modifications made by the Client or third parties.

Risk to materials becomes the Client’s once delivered to the Site, unless otherwise agreed.
Macam Living carries liability insurance. The Client may request proof of insurance.
Client is responsible for ensuring the Site is safe and free from hazards not related to our work.

To the maximum extent permitted by law, Macam Living’s total liability to the Client in respect of any loss or damage arising out of or related to the performance or non-performance of Services is limited to the amount paid by the Client for those Services.
Macam Living is not liable for any indirect, incidental, consequential, special or punitive damages, including loss of use, loss of income, or damage due to delay.

Either party may terminate the Agreement in writing if the other party breaches a material obligation and fails to cure such breach within a specified period (e.g. 10 business days) after notice.
If the Client cancels the work after acceptance but before work begins, the deposit may be non-refundable to cover administrative costs.
If work has begun, the Client will pay for all Services performed, materials ordered, and costs incurred up to the date of termination, plus any reasonable demobilization costs.

Macam Living is not liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to severe weather, acts of God, strikes, supply chain disruptions, fire, flooding, or governmental orders.
In such cases, Macam Living may extend timelines, suspend work temporarily, or adjust pricing if costs increase significantly.

Any designs, drawings, or materials provided by Macam Living remain the property of Macam Living unless otherwise agreed in writing.
The Client may use these designs solely for the agreed purpose. Copying, reproduction, or use beyond the scope of the Agreement requires written permission.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
In case of disputes, the parties agree first to attempt negotiation in good faith. If unresolved, either party may pursue mediation or other mutually agreed means. If mediation fails, disputes may be resolved in courts with jurisdiction in Ontario.

If any provision of these Terms is found invalid or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will continue in full force.

These Terms & Conditions, together with the estimate/proposal or work order, constitute the entire agreement between Macam Living and the Client. They supersede all prior discussions, representations, or agreements, whether verbal or written.

Macam Living may revise these Terms & Conditions from time to time. Updates will be effective from the date posted on the Macam Living website.
Using our Services after changes have been posted constitutes acceptance of the new Terms.