MTG TERMS & CONDITIONS:

Ver. 202504121200

NOTE: On signing, please initial all pages.

View Online:

Please note: Due to the extreme cost increases, Covid, and validation of sub-bids, continuous changes & increases, MTG Reserves the right to make changes before the closure of our bid.

We have now provided an estimate based on the information provided to us at this time and will review all of its content. and will require a final quotation to be presented for your approval.

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1.00 STANDARD TERMS AND CONDITIONS:

1.01 Please Note: All Terms may not apply to all projects.

1.02 Special terms may have to be provided to suit your specific project. In such a case, you may request at any time to revise this quotation before the project starts. 

 Standard terms & conditions may be subject to change without notice.

1.03 Special Terms: This document may be revised provided both parties agree on signature by the client or if not changed, will be agreed upon by these terms.

1.04 Each project may require a change of terms and conditions.

1.05 Those changes are indicated in the previous pages or indicated as Scope of Work.

1.06 The existing terms and conditions are for the purpose of maintaining a complete and basic understanding of our agreement in order to complete the entire project.

1.07 If all of the conditions are met on the previous page, we will not be required to deal with the later documentation.

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2.00 DRAWINGS:

2.01 Where architectural, structural, civil or mechanical drawings are required for a permit application, the client acknowledges that the client is responsible for all costs unless otherwise agreed and specified in writing.

2.02 If assistance is required, the client agrees to request a quotation or the cost will be charged at a nominal fee or a percentage of the cost of the project to be arranged prior to the commencement of the project drafting services.

2.03 Any changes to the existing drawings will be considered an extra. If the price is requested, a quotation can be made available before the commencement of the project.

2.04 If any revisions are required, this will be considered an extra.

2.05 It is also understood that MTG will provide drawings that were required, and the cost will be reflected as extra.

2.06 In some cases, where the local Building Department may request additional information, such as Heat Loss Calculation, Zoning Certificates, Promissory Documentation, Zone Change, Right of Way, Zone Change or any other requirements or requests that may not be under our control, will all be considered extra.

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3.00 APPLICATIONS:

3.01 If, for any reason, the client may be required to authorize permit documentation, the client agrees to comply promptly without delay.

3.02 It is recommended that most construction modifications require a building permit. In the event of an insurance claim, in some cases, it may be required to have building use authorization permits in order to receive claims.

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4.00 PERMITS & INSPECTIONS:

4.01 Where permits are required, the client is responsible for all costs unless otherwise specified.

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4.02 If assistance is required, MTG will provide professional consultation at a nominal fee billable on a per-hourly rate.

4.03 Contractor recommends that all clients conform to all government laws.

4.04 The contractor carries no responsibility for the client's failure to comply.

4.05 If, for any reason, the client is required to authorize permit documentation to complete the permit process, the client agrees that they will comply without delay.

4.06 The Client is responsible for all costs related to permits and inspections.

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5.00 DEMOLITION:

5.01 When MTG removes/demolishes materials at the client's project, it is agreed that materials will be removed, discarded, and/or become the property of MTG unless otherwise stated by client prior to project signing.

5.02 If the client wishes to recover or save any materials, the client agrees to assume responsibility to remove the demo materials prior to the job start. Clients must remove or store materials at their own cost and it is their responsibility without interfering with the project.

5.03 MTG will not be held responsible for saving or protecting demoed materials during construction that are to be saved by a client who is still on site.

All materials will be removed from the worksite area without permission so that a clean and safe working area is maintained to reduce incidents.

5.04 If in the event that client property is damaged due to modifications on-site, it is understood and agreed that it is not the intent of MTG staff, trades or agents to intentionally damage customer's property. MTG will at all times take as much care as possible. It is the responsibility of the client to remove items from the work site prior to the job's start.

5.05 Additionally, in the event client's property is accidentally damaged, the client agrees that as long as the property damage has been rectified, the client will not affect the agreed contract price and save MTG harmless's reputation due to an unintentional accident

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6.00 JOBSITE MATERIALS:

6.01 All materials delivered to the job site by MTG will remain the property of MTG. The client agrees not to remove, use, or affect the materials in any way.

6.02 If the client damages the materials of MTG, the client agrees to replace it or accept the same condition to be installed as-is without warranty.

6.03 Client agrees to house, insure and protect construction materials and equipment which is on their worksite.

6.04 Client agrees to provide, on all major sites where possible, security to protect real property and contractor property.

6.05 Client acknowledges that when the contractor orders project materials, our policy is to order extra materials to prevent shortages or delays.

6.06 After the project completion, all surplus materials remain the property of the MTG and will be removed by the MTG without delay.

6.07 All project materials remain the property of MTG until final payment has been made.

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6.50 JOBSITE CONDITIONS (EARTHWORKS):

6.51 Excavation: All excavations for all projects are limited to digging only. After which backfill and full landscaping will proceed only with a pre-quoted work order.

6.52 Weather Conditions: Work conditions may vary from time to time and compromise the work conditions.

The contractor will inform the client of problems and will have the option to stop work until improvements are available.

6.53 Client is responsible for all site permits, inspections and earthworks.

6.54 Client is responsible for soil conditions and prepares for the build. compaction, survey or stakes, levelling, drainage, 

6.55 If soil conditions are not favourable, a review by the contractor can be expected, and a change of contract may have to be dealt with.

6.56 Client agrees to provide MTG personnel and trades, easy and safe access to working conditions, including the operations of machinery and equipment as not to impair the easy flow of work.

6.57 If these conditions are not met, the client will not hold MTG responsible for damages that could have been prevented.

6.58 If these terms are not met by the client, MTG will not be held responsible for delays, costs and back charges.

6.59 If these conditions have not been addressed, the safety or schedule timeline is at risk. MTG will notify the client of the situation and will proceed to rectify the problem, and the client will be responsible for all costs.

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7.00 COMMUNICATIONS:

7.01 Both Client and MTG collectively agree to make every effort to reduce problems to communicate as much as possible and agree to review work done by the contractor.

7.02 If at any time the client requires a change to the job procedure or item change. The customer agrees to notify the contractor immediately so as not to cause additional cost to the contractor.

7.03 Construction projects are filled with wants, needs and changes. Because of this, it takes an enormous amount of time and money if not followed and agreed upon.

7.04 MTG will provide as much as possible to complete the job as quickly and as professionally within our power to satisfy you, the client.

7.05  It is agreed that in the event that we have any breakdown in our communications and results in a confusing situation, the client agrees to make clear that some changes are required, and MTG will have the opportunity to make any and all things right.

7.06 Client also agrees that if any additional work may be required, the client will give MTG the opportunity to bid the same price amount as the first option of refusal.

7.07 If the client does not agree to any part of this agreement, please "X" out only (Number) and initial so that you may have the opportunity to make changes prior to commencement of work.

7.08 During the course of any project, the customer agrees to communicate in writing via email or text in order to prevent any developing issues or concerns that may affect any future payment obligation or responsibility by MTG. It is our intent to commit to satisfaction by MTG to keep our customers happy throughout the construction process. We will, from time to time, request this document to keep client/provider relations in good standing. Dealing with the issues before they become problematic will maintain a very positive relationship.

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7.10 COMMUNICATION (Awarding additional work)

7.11 As a courtesy, the client agrees to provide MTG with a list of projects pre-awarded under this contract so as not to conflict with the additional bid match process.

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7.20 MATERIALS ON SITE

7.21 Any materials on-site remain the property of MTG until paid in full

7.22 Client agrees to maintain and secure all materials on-site from any damages or theft.

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7.30 WASTE MANAGEMENT/GARBAGE:

7.31 Contractor agrees to maintain a clean working environment and clean up after work is completed on a regular basis.

7.32 Client agrees to provide the MTG waste containment storage bins to keep the worksite clean by the contractor and its materials that are used in the normal construction process.

7.34 The client agrees to provide personnel to maintain a clean job site environment. If this is not provided in good order, MTG will have the right to order a bin or container in order to maintain a good working environment, at which the cost will be passed onto the client.

7.35 Client agrees to pay all rental costs and dump fees where required.

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8.00 CHANGE ORDERS/EXTRAS:

8.01 Client & Contractor both agree to make every effort to communicate as much as possible to eliminate discrepancies and extra charges to either party.

8.02 Where possible, the client agrees to allow MTG to complete and maintain the success of the project to be on time and to meet all of the building, zoning & ESA codes, etc in order that the contractor is able to complete the project.

8.03 The client agrees personally to be present or have another party to monitor the job on a daily basis to be available to oversee any unforeseen changes and to make sure the contractor is providing the services as agreed in the contract details, as requested by the client.

8.04 If any additional work is required for any reason that is not specifically listed in the original proposal, the client understands and agrees that this will be deemed an extra and the client will take full responsibility for payment or notify the contractor/MTG in writing of the issue within 24 hours or sooner so that the contractor will not have to renegotiate the costing for the job or so that the cost is not incurred by the contractor. The cost becomes the responsibility of the client.

8.05 Re-Work Orders. It is also understood that if a blank work order is issued and the client’s signature is referred to and agreed, the work will be delivered as a time and material charge back to the client, as there are several unknowns and will be charged accordingly.

8.06 If the client requests a cost of the project and does not stop the contractor or its employees or staff from continuing prior to an agreed amount, the client agrees to save harmless the contractor from any and all losses due to the change and the client does not informing the contractor of any intent not to pay for the extra work the contractor performed.

8.07 If a client requests any changes to the contractor or the contractor recommends to the client any changes verbally or in writing, a change order may be requested by either party and the client agrees to acknowledge and endorse the change order without hesitation or may decline the change order immediately at the client's discretion and attempt to resolve the condition immediately.

8.08 If the client does not have a change order signed or issued to the contractor, the client assumes all responsibility to make full payment of the change.

8.09 The client may at any time request a blank change order from the contractor and complete it at any time, and the contractor will agree to assist in the completion of such order.

8.10 The client agrees not to disregard the changes and will agree to discuss the changes and will request a change order to make sure the changes will not be an extra, or agrees to pay for the extras that are in progress or that have been completed.

8.11 The client agrees that in the event the client observes that there has been any minor or major change to the job that it is not on the contract, the client agrees to notify the Contractor and MTG Authorized Staff immediately that they are aware and agree or disagree to the changes.

8.12 Any verbal or written commitments of the contractor to provide any materials or equipment will be at the discounted cost of contractor grade. If the client wishes not to use the contractor-grade product, the client agrees to pay any and all additional costs of materials and labour to perform the change.

8.13 It is the responsibility of the client to choose and arrange for pick-up and delivery of all materials unless pre-arranged by MTG and included in the contract.

8.14 If the contractor is requested for material pick up, the client will assume all costs and responsibilities.

8.15 Client agrees that MTG has the right to make changes to the contract if the project is not as described prior to starting up.

8.16 In the event that extra services are required and are not listed in the contract, issues such as zoning, building permits, manufacturers changes, drawings, inspections, etc, automatically become additional work and costs to address these issues or concerns. To address these issues and change orders will be required, and all additional costs will be the responsibility of the client.

8.17. Extras are due upon completion.

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9.00 RESPONSIBILITIES:

9.01 MTG takes no responsibility for damages, loss or delays that are not part of their direct and reasonable control.

9.02 MTG will not be liable for costs outside of the limitations of the existing insurance policies.   

9.03 MTG will provide additional pricing for a client if future work is required.

9.04 Client agrees not to divulge or discuss any future work or request MTG's Staff or Sub Trades for not less than one year by engaging in any pricing or future work-related projects.

9.05 This is to prevent any confusion about additional work or change of work order issues. The client agrees to discuss any work or change work order to MTG directly with authorized MTG Staff Only.

9.06 Client agrees that in the event they are not satisfied with the work performed will have the right to make clear the problem which has been developed and agree to request in writing that the contractor provide a solution and timeline for completion.

9.07 It is not uncommon for projects can go south because of miscommunication. Both parties agree that in the event that there is a breakdown that may jeopardize the success timeline of the project, the client and MTG both agree to make every effort to get the project back on track as quickly as possible so as not to affect the completion of the project. The client agrees not to solicit any subcontractors, employees or agents of MTG to complete the project in defiance of any other reason. The client agrees to proceed in a business-like manner. 

9.08 Both parties or their employees, partners, associates, friends, persons or affiliates, whether related or unrelated, are to respect each other and agree not to use slanderous comments to others or the media for any reason.  If the client is not satisfied, the client will provide MTG with every opportunity to get the project back on track to successful completion.

9.09 The client agrees to provide MTG in writing a detailed list and a reasonable timeline to complete MTG's obligations to this contract.

9.10 MTG takes full responsibility for all of its sub-trades. Because we can not physically control sub-trades' schedules as to when they arrive and leave a job, the client agrees that in the event a subcontractor does not honour his commitments in full, the client agrees to refrain from penalizing in any way so it does not inhibit the performance or the success of the project.

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9.11 INTERPRETATION:

This contract has been written in its simplest form to reduce misleading or misinterpretation of its content. It is our sincere intent to fully inform the client of our quotation. If there are any misunderstandings of this contract in any way, please forward in writing any concerns within 48 hours of signing so that we may address this as quickly as possible.  

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10.00 FAIR PRICING:

10.01 Client agrees that if, in the event, there is additional work to be completed by the client at the same site location, the client agrees to offer MTG an equal opportunity to bid on the same job.

10.02 Before awarding the job, the client agrees to offer in writing MTG's first right of refusal based on matching or bettering the existing written copy of quotations on hand by the client. 

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10.03 SUB TRADES:

10.03.1 Client agrees not to negotiate or request pricing from sub-trades who are working with or for MTG.

10.03.1 MTG has acquired the project through many efforts and costs to procure this project, and it is agreed the client will not solicit MTG contractors, employees or agents to provide or do work without MTG's approval.

10.04 The client agrees to provide this option to MTG in order to reduce the timeline of the quoting process to assist, expedite and fast-track the process in order to assist the client and finalize the bid process.

10.05 If, in fact, MTG meets, matches or betters the competitive price, the client agrees to offer MTG the work.

10.06 By having MTG complete and manage all trade work, the quality and timeline of the project.

10.07 Client agrees that at any time they are not happy with either of our workers or sub-trades, they will notify MTG in a timely manner in writing or by text.

10.08 If the situation is addressed immediately, further problems will be avoided. This is for the benefit of both MTG and the client's best interest.

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10.10 MATERIAL, FIXTURES AND SPECIAL PURCHASES.

10.11 Client is responsible for the cost & choice of all items unless otherwise detailed in this quotation.

10.12 All standard quoting may include labour and materials unless otherwise specified.

10.13 This includes consumable building materials to construct the project.

10.14 All other materials may be specified by the quotation as contractor grade and will be provided by the client.

10.15 If a client requests a special order for building products or special equipment or fixtures, it is up to the client to cover the full cost, purchase and delivery of such items as described.

10.16 If the contractor is required to provide delivery, there will be an extra cost charged to the client for all costs related to the additional purchase.

10.17 If Materials are not purchased within 60 days from the date of the signed contract, then MTG has the right to increase the cost without notice as of current market rates.

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11.00 DELIVERY:

11.01 Based on the client's request and signed contract, ordering of materials will proceed within 2 to 3 business days for non-emergency projects.

11.02 In general and in most delivery timelines, the usual expected delivery for manufactured goods is anticipated to be 4 to 6 weeks.

11.03 In all other instances, if the client requires a reduction in delivery time, MTG usually has to make additional arrangements and incur increased costs for expediting reduced timelines.

11.04 The additional costs will be forwarded to the client, who will insist on a better delivery time. (Please see below for specific deliveries if requested.)

11.05 Client agrees not to hold MTG responsible for any offshore or supplier delivery delays.

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11.10 ON-SITE:

11.11 When a quotation has been delivered and an assessment of the project or onsite measurements have not been completed, MTG will have the opportunity to provide an equal or better material where adjustments may be required.

11.12 If the client is not in agreement, the client agrees to inform MTG the same day so that adjustments may be made without additional cost to MTG.

11.13 If MTG is scheduled to perform a job, and booked materials and crew. If any reason, the client fails to provide safe conditions or delays the job, MTG will not be held responsible for delays and cost increases. MTG will bill the client accordingly.

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12.00 SAFETY: 

12.01 MTG: The contractor will provide a safe working environment. 

12.02 MTG: All contractors and staff work within the safety regulatory standards of Canada.

12.03 THE CLIENT:

It is the client's responsibility to have any testing performed for any building materials prior to the construction startup.

12.04 If the results show that there is any danger of such problems with possible mould, asbestos or other harmful materials, they will notify the contractor prior to the commencement of work.

12.05 (Abatement) Contractor is not responsible for the removal or cost of such findings and will stop work until the issue has been resolved.

12.06 If a resolution is required to continue any unfinished work, the client agrees to provide the contractor with a work order in order to continue the project.

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12.07 CLIENT AGREES:

12.08 Do not solicit other employees, agents or sub-trades of MTG to continue work on the project without the authorization of MTG and a work order has been issued.

12.09 Client also agrees not to employ, contract or offer anyone associated with MTG to complete any unfinished work unless it has been issued directly by the company.

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13.00 TAXES: 

13.01 All prices are net plus applicable taxes unless otherwise specified.

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13.10 DISCOUNTS:

13.11 Discounts are shown where applicable.

13.12 Based on the breakdown of individual pricing on the "Scope of Work"  page, MTG is informing the client that individual item prices are based on a package format.

13.13 If the client cherry-picks items from "Scope of Work," this may be subject to a price increase.

13.14 Discounts may be determined and agreed upon before the signing of the contract, and any discounted price will be honoured.

13.15 Any such agreed discount will be honoured and deducted on the completion of the contract and only after the client has signed off on all and any of the work orders and signing off of any other issues that have or need to be addressed.

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14.00 DELAYS: 

14.01 It is our intent to perform the job in a reasonable time.

14.02 MTG cannot be held accountable due to bad weather or any act of environmental disturbances, or accidents surrounding the project.  

14.03 Any delays caused by the customer will incur additional charges.

14.04 The customer will ensure that MTG will have access to the premises. If our contractors have to wait to have access to the premises, an additional charge will be applied to your invoice.

14.05 The customer agrees to allow MTG to use a lockbox for key storage in order to have access to their property during construction and until the project is fully completed.

14.06 When a business term has been completed, the client agrees to return the lockbox in good order or will cover the costs incurred by the contractor of $100.00

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15.00 LICENSED TRADES:

15.01 Master Trade Group will use all licensed trades where deemed necessary to meet construction regulations. 

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16.00 STANDARD TERMS:

16.01 50% with order, 25% upon material/installers on site, 15% progress, 10% upon completion

16.02 25% restocking/cancellation fee.

16.03 Special Orders are non-refundable. On the occasion where special orders apply, the item 16.2 restocking/cancellation fee will apply to all total charges as per the contract. Due to the work that has been provided, additional time may be charged after cancellation to resolve the items and labourers from the original contract.

16.04 Additional Contractor/Tech labour rate at $78.50 / mhrs. (per man, per hour)

16.05 Special Trades such as Licensed Electricians, Plumbers, HVAC, Mill Work, etc, will be charged at their respective rates of a min. of $105.00/mhr.

Consultation/Project Management is $120.00/mhrs, consultant/admin fee if required. 

16.06 For any project requiring additional financing, there is a limitation of 11 days prior to the commencement of the job.

16.07 Overdue Accounts.

Interest is calculated at 2.0% per month and 24% per annum on all overdue accounts.

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17.00 DRAW BILLING:

17.01 On larger jobs, the draw system is calculated at 50% of the project price for a retainer, an additional 25% of the project price on or before materials arrive, and a balance of 10% on completion.

17.02 Acceptance: Customer agrees that he/she has read or has been explained the entire contract, and there are additions and deletions of items listed on this contract that may be added or subtracted from the base price.

17.03 Where agreed draws are not conformed to by the client, the client will provide a draw billing on or before Thursday on a weekly basis in order for MTG and associated contractors to meet payroll obligations.

17.04 Where additional items are added to the project, such as engineering and/or change orders, must specify the payment terms or payment will be due on delivery.

17.05 Whereas professional fees require advanced payment, the client is responsible and agrees to make payment as requested.

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18.00 PRICING:

18.01 If required, you may use this line to add each "ADD ON" as specified as optional or extra from the base price to provide a total price if desired.

"Included" .....represents the items that are included in the base price indicated on page one.

"Add" ..............represents an amount that is added to the base price indicated on page one. 

Note: if prices are not listed here, view each individual on the "ADD" options listed above.

18.02 Base Price: ______________________ Listed on Scope of Work 1.

18.03           Add: _____________________________

18.04           Add: _____________________________

18.05           Add: _____________________________

18.06          Total: _____________________________

18.07 Note: Any additional items that are added to the project that are not included in the original price, the payment schedule becomes due on the invoice date.

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19.00 FINANCING:

19.01 The client may choose any option to fund their project.

19.02 If at any time you may require funding, MTG is ready and available to provide additional funding of any amount that you may require.

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19.10 RENTAL EQUIPMENT & TOOLS:

19.11 Client is responsible for all rental costs unless otherwise stated on the contract.

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20.00 ENVIRO:

20.01 Due to unforeseen weather and environmental conditions, it is agreed that in the case where any conditioning will be required for the project, it is the responsibility.

21.00 TAXES:

21.01 All prices are plus 13% HST for local tax.  Also were not posted. HST# 817803539RT0001

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22.00 SPECIAL TERMS REQUIRED? ______________________________________________________________________________________________________________________________________________

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Note: if special terms are required, please indicate. (Financing is available)

Note: If credit Card, add a 3.5% Service Fee.

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23.00 METHOD OF PAYMENT:

Check (  )   Credit Card (  )    Email Transfer (  )   Cash (  )   Financing (  )

Credit Card information:

Card Name: ____________________________________ Expiry Date_______________ CVV#_______    

Name on Card: _________________________________________ Address: _______________________ ______________________________ PC/Zip Code: ________________

By signing below, the undersigned authorizes MTG to charge a credit card for up to the full amount owing at any time.

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24.00 DEPOSIT:

Deposit with order $__________________________ (Deposit received on account)

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ACCEPTANCE:

By signing below, you are confirming that you have read, understood and agree to all the terms and conditions listed above.|

Authorized Customer Signature:  X________________________________  Date:___________________  Print Name: __________________________________

Authorized MTG Agent Signature: _____________________________________ Date: ___________________Print Name: __________________________________

JOB LOCATION:

Address: ______________________________________ City: _______________________ Prov.:___________________________

Postal Code: ___________________ Phone Number: ______________________________

195722 Ontario Inc., oa MTG Canada Kitchener ON. CA. N2B-3W4, Office: 5197164741 marcel@mastertrades.ca