Terms & Conditions.
GENERAL:
These terms and conditions apply to all bids, proposals, quotations, orders, and contracts (collectively, the “Agreement”) for the purchase of goods, products, materials and services (collectively referred to as “Product”) from The Company (“Seller”). Seller’s acceptance of any Buyer order and/or contract is conditioned on Buyer’s acceptance of the Terms and Conditions herein. No addition to or modification of these terms and conditions will be binding upon Seller unless agreed to in writing and signed by an authorized Seller representative. Seller objects to other terms and conditions that may be proposed by the Buyer not consistent with these Terms and Conditions and no action by Seller shall be construed as acceptance of any additional or different terms in any documents or forms of Buyer. Further, Seller’s failure to object to provisions contained in any purchase order, related documents or communication from Buyer shall not be deemed a waiver of the acceptance provisions.
PAYMENT TERMS:
Unless otherwise agreed to by the parties in writing, full payment is due upon completion of the project. In the event that payment is not received by Seller within three (3) days of the completion date, Buyer shall pay interest at the permissible statutory rate on any outstanding balance due. Should payment not be received by Seller within thirty (30) days of the completion date, Buyer shall be responsible for all collection costs, court costs, attorneys’ fees and other expenses incurred by Seller to collect payment from Buyer.
CANCELLATION:
Buyer may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement. Should buyer attempt to cancel this agreement at any time following the third business day after the date of this agreement, Buyer agrees to reimburse Seller for any costs incurred by Seller in the performance of this agreement.
WARRANTY:
Except as otherwise noted on Seller’s quotation or other signed written communication from Seller, NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, SHALL EXIST IN CONNECTION WITH THE SALE OR USE OF ANY GOODS OR SERVICES SOLD BY SELLER.
LIMITATION OF LIABILITY:
SELLER SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE REMEDIES OF BUYER SET FORTH IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE, AND THE LIABILITY OF SELLER WITH RESPECT TO ANY CONTRACT OR SALE, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, EXPRESS OR IMPLIED FOR MERCHANTABILITY, FITNESS, OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE PRODUCTS AND/OR SERVICES CHARGED BY SELLER UPON WHICH SUCH LIABILITY IS BASED AS SET FORTH IN THE PRICE QUOTE/PURCHASE ORDER/WORK SCOPE. SELLER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR DELAYS OCCASSIONED BY ACCIDENT; OR CATASTROPHE AFFECTING SELLER’S OPERATIONS OR THE OPERATIONS OF SELLER’S SUPPLIERS, OR ANY OTHER CAUSE BEYOND THE CONTROL OF SELLER. THESE DISCLAIMERS AND LIMITATIONS OF LIABILTY WILL APPLY REGARDLESS OF ANY CONTRARY PROVISION OF THE AGREEMENT OR WORK SCOPE.
OHIO LAW:
This Agreement shall be construed, interpreted and enforced under the laws of the State of Ohio.
BUYER ACKNOWLEDGES THAT [HE/SHE] HAS READ THIS AGREEMENT IN ITS ENTIRETY, THAT [HE/SHE] UNDERSTANDS IT FULLY, AND AGREES TO BE BOUND BY ALL OF ITS PROVISIONS. BUYER FURTHER AGREES THAT THIS DOCUMENT CONSTITUTES THE COMPLETE AGREEMENT, AND THAT IT SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS DISCUSSIONS, COMMUNICATIONS, NEGOTIATIONS, PROPOSALS, OFFERS, COUNTEROFFERS, UNDERSTANDINGS AND AGREEMENTS, ORAL OR WRITTEN, BETWEEN SELLER AND BUYER, RELATING TO THE SUBJECT MATTER HEREOF.
Concrete:
The Company gives no warranty on cracks for any type of concrete work. Drives that are installed any time prior to October 31st must be sealed before winter to ensure the drive is protected from the winter salt otherwise the drive has the potential to pit from salt due to cars traveling on the drive. Color tones of dyed concrete may vary due to different truck loads, weather conditions at time of pour and natural sun rays. Release thrown shading colors can vary in tones due to weather conditions at time of pour and natural sun rays. The Company is not responsible for color differences in colored stamped concrete due to the above reasons or any other reason. The Company is not responsible for differences in stamp indentations due to the nature of stamp work, weather conditions at time of pour and natural sun rays. Some areas dry faster than others and get deeper indentations. The Company will do our best to keep stamp indentations equal but there are many imperfections with stamped concrete. In cases where concrete requires release cuts with a saw, chipping may occur on edges of cuts which is unpreventable and is not under any type of warranty. During installations of concrete, small debris falling from trees can get into the concrete and we will do our best to remove it but sometimes debris is floated into the concrete and is unpreventable. Debris can also get into the sealer during sealing of a patio and we will take ever measure to remove debris out but sometimes it’s not possible. The Company is not responsible for keeping people, debris, animals, autos or any other object or thing off the concrete after The Company has left the job site and if damage does occur, The Company is not responsible to fix such damage. During hot months of the year, sealer on stamped concrete patios may bubble and look a little foggy. This condition is caused from the heat and The Company shall not be held responsible to repair same. These are a majority of the imperfections stamped concrete can have and The Company would like you to be aware of them.
Workmanship:
All work performed by The Company shall be performed in a professional workmanlike manner of the highest quality. All prints, drawings, designs and proposed work shall be followed as close as possible. However, site conditions due to grade, structures or The Company’s professional judgment may require adjustments and changes not reflected in the drawing and may not be discussed prior to changes due to keeping the job progress moving.
Change Orders:
The Company is not responsible for changes to the original work order once the customer accepts the proposal or agreement. All materials and work originally agreed upon will be paid in full, plus the customer will pay in full the labor and materials to complete any agreed upon new work. New work added on during duration of the job can be agreed upon verbally unless homeowner asks for written documentation.
Concealed Contingencies:
The Company is not responsible for hidden unforeseen work, which may not be reflected in the proposal. Items such as buried debris, boulders, stumps, poor drainage, concrete, etc. may require additional work and incur additional costs.
Utilities:
The Company will not be responsible for damage to any sprinkler system lines or heads, invisible fences, cables, drain tile, sewer caps, clean outs, gas, telephone or any other utility lines that are on the property of the customer or any neighbors of the customer.
Materials:
All materials shall be supplied as specified; however, we reserve the right to substitute materials if necessary, of equal or higher value.
The Company is not responsible for any damage to driveways, patios or sidewalks caused by any equipment or vehicles used to perform the work agreed upon in this contract (work includes work being performed at customer’s home or neighboring homes).
The Company is not responsible for any acts of God that may occur to the work being done in this agreed upon contract in its duration or after its completion.