Terms

Price and our work

• You pay the Total shown in your contract, plus any signed change orders. Any change that adds cost is done only with a written change order signed by both parties. (Section 3)
• All work is completed in a workmanlike manner according to standard industry practices and, to the extent the law requires it, by properly licensed and authorized people. (Section 2)
• We supply all materials and equipment reasonably necessary to do the work. (Section 5)

Deposit and payment

• Jobs over $2,000: a 75% deposit is due at signing, and the remaining balance is due in full when the countertop installation is complete, before the crew leaves. (Section 6)
• Jobs of $2,000 or less: paid in full at signing. (Section 6)
• We do not offer payment terms. Accepted payment methods: cash, check, and card. (Section 6)
• Final payment means you accept the completed work, subject to the warranty in Section 5. If the job includes full-height backsplashes, your acceptance of the full-height backsplash installation takes place when it is installed on the second visit; the one-year warranty for it runs from that date. (Section 6)
• If a required payment isn't made, we may stop work until it is received. If you provided a card for payment, you authorize us to charge the remaining balance to that card when the countertop installation is complete. (Section 9)
• If you delay installation more than 30 days after fabrication is complete, the remaining balance becomes due at that time. (Section 31)
• A returned check or reversed card payment incurs a $25 fee. All materials remain Midwest Surfaces' property until paid in full, and we may assert our rights under the Illinois Mechanics Lien Act. (Section 30)

Cancellation

• You may cancel by written notice received within three (3) business days after signing – by email to support@mwsurfaces.com or by letter delivered to Midwest Surfaces, 21950 LaGrange Rd B, Frankfort, IL 60423 – and we will refund any deposit or payment in full.
• After that, you may not cancel the contract and the deposit or payment is non-refundable, except as required by Illinois law, including:
  • if you are 65 or older and signed the contract away from our showroom, you may cancel within 15 business days;
  • if the work is being paid through an insurance claim, you may cancel by written notice to the address above before the earlier of midnight of the fifth business day after your insurer notifies you that all or part of the claim is not covered, or the thirtieth business day after the insurer receives a properly executed proof of loss; and
  • if we fail to begin or complete the work within the time agreed, you may cancel by written demand sent by certified mail.
• In each of those cases, any payments will be refunded within 10 business days after we receive the notice.
• If you sign the contract at your home, you may cancel at any time before midnight of the third business day after the date of the transaction, and you receive a Notice of Cancellation form explaining this right.

Shop ticket review and changes

• A shop ticket review of the layout, seam placement, and overhangs is available only if you request it in writing at or before the final (laser) measure. If you don't request one, we determine the layout, seam placement, and overhangs using our professional judgment and industry standards, and you accept those decisions. (Section 20)
• Before 24 hours after the final (laser) measure, changes are accepted in writing as a paid change order. Starting 24 hours after the final (laser) measure, no changes of any kind are accepted. (Section 20)
• The contract can be changed only in writing signed by you and an authorized representative of Midwest Surfaces, including signed change orders. (Section 1)

Scheduling and arrival windows

• Scheduled time is not a guaranteed start time. It is a window of arrival between 9:00 AM – 1:00 PM or 1:00 PM – 5:00 PM, Monday through Friday. On rare occasions, due to circumstances beyond our control, we may arrive outside the window.
• There will be only one scheduled measure and one scheduled installation appointment per project (two installation appointments when full-height backsplashes are included). Appointments are not confirmed by phone; please keep your scheduled window open.
• The $150 trip charge applies if you are not available when we arrive and we are unable to measure or install, if a required item is missing at measurement, or if the job site is not ready. (Sections 13, 23, 27)
• The measure and installation dates in your contract are scheduled dates. If weather or another delay beyond our control requires a new date, we'll let you know promptly and schedule the earliest available date. Jobs with full-height backsplashes have two installation dates: countertops first (our installers measure the backsplash before they leave), then the backsplash about a week later. If you delay installation more than 30 days after fabrication is complete, the remaining balance becomes due at that time. (Section 31)
• The price isn't reduced for delays caused by circumstances beyond our reasonable control, including strikes, material shortages, casualty, or Acts of God. (Section 7)

Field measurement

• Provide templates for all plumbing fixtures and appliances you supply at or before field measurement. (Section 10)
• Sinks, faucets, and appliances you supply must be on site at field measurement with their cut-out templates. Sinks supplied by Midwest Surfaces are brought by Midwest Surfaces and do not have to be at the job site at field measurement. All other appliances (cooktops, vents, and similar items) and any other items requiring cutouts must be at the job site during field measurement. Farm sinks must be fully installed prior to measurement. If a required item is missing, the $150 trip charge applies. You are responsible for selecting appliances that allow for a structurally sound countertop after cutouts. If a cutout would compromise structural integrity, we'll discuss alternatives during measurement. (Section 13)
• Standard measurements, unless otherwise noted: an overhang of about 1" to 1 1/4" at all support structures, about 3/4" past cabinet door and drawer fronts (or the cabinet itself if there are none), and flush to the cabinet sides at appliance openings. All measurements are subject to a plus or minus 1/8" tolerance. (Section 12)
• Undermount sinks are cut using the supplied template unless otherwise noted at measurement. Any sink accessories must be presented and discussed at measurement. (Section 14)

Seams

• Most installations require seams. We choose seam locations for structural integrity and slab yield. Stone-to-stone seams are about 1/16" wide and are determined at fabrication in Midwest Surfaces' sole discretion. Seams are filled with color-matched epoxy and made as tight as practical, but they will be visible – no seam is invisible. (Sections 12, 21)

Natural stone and quartz

• Natural stone varies in structure, pitting, color, veining, and other characteristics. No returns or rejections are allowed for natural variations, and no return or rejection of material or layout is permitted after fabrication begins. If you don't inspect the raw material and layout, you accept the material and layout as selected by Midwest Surfaces. (Section 11)
• Quartz, porcelain, and other engineered surfaces can vary in shade and pattern between production batches and from showroom samples. Quartz is not heat-resistant: hot pans and appliances can cause discoloration or cracking that is not covered by warranty. (Section 22)

Cabinets, level, and supports

• Cabinets must be installed, level, secured, and able to support stone (about 18 to 20 lbs per sq. ft.). We will shim up to 1/4"; leveling or cabinet repairs beyond that are your responsibility. (Section 23)
• Overhangs over 8", and any overhang on a 4" knee wall, must have supports you install before installation. Midwest Surfaces does not install supports. (Section 23; What to expect)

Plumbing, gas, electrical, and appliances

• You are responsible for disconnecting plumbing, gas, electrical, and appliances before installation (or before tear-out, if purchased), and for reconnecting them afterward through a licensed plumber or electrician. (Section 24)
• We do not reconnect plumbing or install faucets or appliances. Wait 24 hours after installation before reconnecting plumbing. (Section 24)
• Full-height backsplash material is typically thicker than tile, so the existing screws that hold electrical receptacles and light switches are often not long enough to resecure them. Midwest Surfaces does not provide replacement screws; you are responsible for obtaining longer screws, which are available at local hardware stores such as Home Depot, Lowe's, Menards, or Ace Hardware. (Section 24)

Removing existing countertops

• Tear-out and haul-away is optional and is not included unless it is specifically stated in your contract. If you purchase tear-out, we remove and haul away your existing tops. (Section 25)
• We aren't responsible for damage to cabinets, walls, tile backsplash, or drywall caused by removing tops that were glued, screwed, or tiled in place, or for hidden conditions found after removal (rot, water damage, or uneven cabinets). Any repairs are extra. (Section 25)

Sinks, faucets, and appliances you supply

• Sinks, faucets, and appliances you supply must be on site at field measurement with their cut-out templates. Sinks supplied by Midwest Surfaces are brought by Midwest Surfaces and do not have to be at the job site at field measurement. We aren't responsible for their fit, function, defects, or warranty, or for delays caused by incorrect or missing items. (Section 26)

Job site and installation day

• Provide clear access from the driveway to the work area, parking within a reasonable distance, working electricity and water, and a clear, safe workspace. Unusual access (more than one flight of stairs, no elevator, or tight hallways) or work not ready on arrival may result in additional charges or rescheduling, and the $150 trip charge applies. (Section 27)
• Unless otherwise noted, installation occurs on flat, prepared, and level surfaces and/or securely installed cabinets you supply. Standard cooktop and drop-in sink cutouts finished on site are included in the price; other on-site cutouts not listed in the proposal are an extra charge. (Section 15)
• Installation and on-site cutting can cause dust and minor touch-ups to paint, caulk, drywall, or tile. We aren't responsible for minor cosmetic touch-up. (Section 28)
• If your job includes full-height backsplashes, they are measured by the installers after the countertops are installed and are installed on a second visit approximately one week later. (What to expect; Section 31)

Warranty

• All work is guaranteed to be free from defects in materials and workmanship for one (1) year from the date of completion, ordinary wear and tear excepted. (Section 5)
• If the job includes full-height backsplashes, your acceptance of the full-height backsplash installation takes place when it is installed on the second visit; the one-year warranty for it runs from that date. (Section 6)
• The warranty is limited to repair or, at our option, replacement of defective materials or workmanship. It does not cover damage from heat, impact, chemicals, misuse, standing or sitting on countertops, failure to reseal natural stone, settling of the home or cabinets, plumbing leaks, or work by others. (Section 29)
• Manufacturer warranties on quartz, sinks, and other products pass through to you and are handled by the manufacturer. The warranty is void if the balance is unpaid. (Section 29)
• Statements by our agents, officers, or employees about quality, durability, suitability, or any other matter that conflict with this limited warranty are disclaimed and can't be relied on. (Section 5)

Care

• Never sit, stand, or walk on your stone or quartz countertops. Heat damage is not covered by the warranty, so use trivets for hot pans. (Sections 22, 29)
• Cleaning and sealing natural stone (granite, marble, quartzite, and other natural stone) is the final step of your installation; we apply Miracle Sealants 511 Impregnator. We recommend re-sealing your natural stone every 6 months; failure to reseal natural stone is not covered by the warranty. Quartz and porcelain countertops do not require sealing. (What to expect; Section 29)

Liability and attorneys' fees

• Midwest Surfaces is not liable for indirect losses such as lost use of the kitchen, meals out, or time off work. This does not limit our responsibility for physical damage to your property or for personal injury caused by our negligence. (Section 8)
• If either party has to go to court to enforce the contract, the winning party may recover reasonable attorneys' fees and court costs. (Section 4)

Other terms

• You are responsible for insuring the property and obtaining any permits your municipality requires. Midwest Surfaces maintains public liability insurance and workers' compensation coverage. (Section 19)
• We may photograph the completed work for marketing without showing your name or address. (Section 32)
• The signed contract documents are the entire agreement and supersede all prior understandings, proposals, negotiations, representations, communications, or agreements. (Section 1)
• If documents conflict, the most recent document signed by both parties controls. (Section 17)
• If a court finds any provision invalid, it is enforced to the maximum extent possible and the remaining provisions stay in full force and effect. (Section 16)
• Illinois law governs the contract. Any lawsuit arising out of the contract must be filed in a court located in Will County, Illinois. (Section 18)
• Before signing, you receive the Illinois Attorney General's pamphlet "Home Repair: Know Your Consumer Rights."