Service Terms and Conditions
Title and subheadings as used herein are provided only as a matter of convenience and shall have no legal bearing on the interpretation of any provision of this Agreement. The use of or failure to use capitals shall have no legal bearing on the interpretation of such terms.
APPROVALS
Customer phone call, e-mail reply, deposit, or signature is considered binding as a signature on the contract and agreement to all terms and conditions.
COMPENSATION
ReUse Concrete Sealing Specialists, LLC (“ReUse”) shall furnish and perform the various professional duties and services in all phases of the Project under this Agreement. The parties contemplate that weather conditions may delay the start or completion of the work. ReUse’s services shall be provided for a fixed price as set forth under the Annual Fee.
A non-refundable deposit of ten percent (35%) of the total price will be due and payable at the time the Agreement is signed or a purchase order issued. All other products or services provided such as Penetrating Sealers, High Performance Sealers, Color Stains, Repairs of any type, Enhancing Sealers, or Consulting are used or provided, a thirty five percent (35%) non-refundable deposit will be required. Customer agrees that any projects that are projected to require in excess of five working days to complete will require a 35% non-refundable deposit and a 35% mid-project payment and the balance of the total price will be due upon completion of the Project. However, the Company may consider payment options for the convenience of the Customer. Any discounts or coupons are required to be presented at the time of quote presentation.
Customer agrees to make available the areas for service within a reasonable period not exceeding sixty (60) days after the formation of this Agreement. If the areas have not been made available within that time period, ReUse may cancel the Agreement and shall retain the non-refundable deposit.
The price provided for, in this Agreement, does not include increases for additional labor or materials that may be required should unforeseen problems or changes arise upon discovery and no work will proceed until agreed in writing to the change orders.
Customer agrees in a late monthly fee of a nineteen percent (19%) after fifteen (15) days of payment due date. There will be a $45.00 charge for insufficient fund checks.
SEALING, CLEANING, STAINING, CONCRETE REPAIR INSTALLATION RESULTS
The brochure, sample, or test, indicates the general color or appearance only and should not be taken as representing the exact color for the entire surface when applied to the existing or new concrete, brick, stone or structure serviced. The color will vary depending on the age of the existing concrete, composition of the concrete and environmental factors that unevenly change the surface of the existing concrete.
Because original concrete, brick, and stone vary in their original installation, or may have been previously treated, or that the concrete integrity may have been modified by high water/cement ratios and/or high calcium chloride at pour or other additives, it is further contemplated that ReUse cannot be responsible for concrete conditions, including stains, color changes or other chemical reactions caused by the application of the sealers or cleaners due to these uncertainties. As such, it is contemplated that variations in color will occur. As such, ReUse is not responsible for chemical reactions that may stain the concrete or prevent our sealers from performing as expected.
ReUse uses high-pressure washers and cleaners that meet industry standards for cleaning concrete. It is contemplated that unforeseen, week concrete, existing or hidden stains, or latent problems may be discovered or encountered after the high pressure cleaning is completed. Most sealers applied by ReUse penetrate the concrete, brick, and stone and are considered semi-permanent. If a previous sealer is discovered after spray washing begins, in order to provide the proper service, additional cleaning will be required beyond the terms of the Agreement.
If unforeseen or latent problems are discovered, the Customer agrees that additional labor or materials may be required which are not included in this Agreement. If such occurs, you will be notified and no further work will proceed without your consent. Rework caused by others will be completed at an hourly rate plus materials and is not included in the fixed price stated above for the project. If the additional work is not consented to, and in the opinion of the Company is necessary, the Agreement may be cancelled by the Company subject to the provision of the non-refundable terms.
Due to the conditions and uncertainties stated above, including previous treatments, it is understood that ReUse is not responsible for the outcome or uniformity of the repair, sprayed, stained or cleaned concrete.
Any physical repairs that ReUse performs are for cosmetic purposes only and are not considered structural repairs. ReUse does not perform structural repairs. Concrete or mortar used to repair cracks and other defects, re-point brick and stone, and/or make concrete patches will not match the color of the existing concrete, stone, or brick because of age, composition of the existing concrete and environmental factors.
WORK AREA
The project cannot begin until the work areas have all vehicles or other items removed and is reasonably clean. ReUse is not responsible for any temporary storage devices or their contents. Customer assumes all liabilities and costs of rental, delivery, and pickup fees. ReUse is not responsible for any damages caused during delivery, pickup and location where the unit is placed. If Customer desires ReUse to remove items from the garage or basement, driveway, walkways, patios, an hourly charge of $75.00 per hour per person will apply. ReUse is not responsible for items damaged when moved.
Due to safety, the specialized nature of our work, and to ensure the quality of our work, the work area needs to be isolated and protected. The Customer agrees to use his or her best efforts to keep children and pets or trade workers from the work area until the project is completed. Customer agrees to provide a safe environment including restraining pets from harming ReUse installers.
If preparation of an area that is to be sealed by ReUse is performed by someone other than ReUse, ReUse will supply a specification for the work. It is agreed that ReUse cannot be held responsible for the outcome of that preparation work. If sub-standard preparation work occurs necessitating corrections or modifications, any results in extra costs to fix any problems caused by such preparation, it will be considered an extra item and billed accordingly.
ReUse will use reasonable efforts to protect associated landscaping but is not responsible for damages to landscaping, plants, ornaments, lighting, or animals during the cleaning or application process.
DOCUMENTATION OF WORK
In order to document the work performed, and to improve, educate, and market, it is contemplated that ReUse may take video or photographs of the job site and work area, including before and after, which may be used in promotional or other marketing efforts.
INDEMNIFICATION
Customer shall indemnify and hold harmless ReUse, ReUse’s officers, directors, partners, employees, agents and ReUse’s consultants from and against any and all costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court, arbitration or other dispute resolution costs) caused by the willful misconduct or negligent acts or omissions of Customer or Customer’s agents or consultants with respect to this Agreement or the Project. It is agreed that ReUse’s total liability to Customer, its insurance company, or anyone claiming by, through, or under Customer for any cost, loss, or damages caused in part by the negligence of ReUse and in part by the negligence of Customer or any other negligent entity or individual, shall not exceed the percentage share that ReUse’s negligence bears to the total negligence of Buyer, ReUse, and all other negligent entities and individuals. Customer shall indemnify and hold harmless ReUse and its officers, directors, partners, employees, and ReUse’s consultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of, or resulting from a hazardous environmental condition, provided that any such claim, cost loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom.
CONFLICT RESOLUTION
If a dispute arises, the parties agree to reasonably attempt to resolve the dispute amicably. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion shall be paid immediately. All notices or other communications, which may be required under this Agreement must be in writing and must be given either by personal delivery or by mail, telecopy, facsimile transmission, or other similar delivery system, and shall be deemed to have been delivered when deposited in the mail, first class postage prepaid, or when delivered to the telecopying device or company, charges prepaid, addressed to the respective party at its address noted in the Execution section to this Agreement or to such other addresses as the parties may from time-to-time designate, by written notice, to the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas and each party hereby irrevocably submits to the personal jurisdiction and venue of the State court for Johnson County, Kansas in any action or proceeding arising out of, or relating to, this Agreement, and its enforcement, and agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. The parties hereby irrevocably consent to the service of any summons or complaint, and any other process that may be served in such actions brought in said courts by the mailing of certified or registered mail, of copies of such process to the party to be served at their address as set forth in the Execution section of this Agreement, or by personal service by any adult or as may be directed by the Court in which such proceedings were filed. The parties hereby irrevocably waive any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum. In the event that Customer has or seeks to initiate a dispute with ReUse, and the dispute is not resolved by communication, the Customer promises to submit Customer’s dispute to mediation by a third party to completion (Customer must give written notice to ReUse of this and it is Customer’s obligation to ensure that a mediation session take place within thirty (30) days after the facts giving rise to the dispute occur or the date that such notice is given, whichever is earlier.) The submission of the Customer’s complete dispute to this mediation by the Customer is a condition precedent to the enforcement of the Customer’s rights under this agreement. The parties agree to equally split the costs (if any) of a mediator (agreed to by both parties) and those costs will not include fees paid for representation by counsel at the mediation. If any legal proceeding is commenced for the purpose of interpreting or enforcing any provision of this Agreement, at law or in equity, including any proceeding in the United States Bankruptcy Court, ReUse will be entitled to recover its attorney’s fees, such fees determined to be reasonable and that which was billed by the attorney or attorneys to ReUse in such proceeding, or any appeal thereof, to be set by the jury or court (ReUse’s option) without the necessity of other testimony or evidence on the issue of reasonable attorney fees, in addition to the costs and disbursements allowed by law. Mediation costs shall be recoverable under this provision.
This Agreement embodies the entire understanding between the parties with respect to the subject matter of this Agreement, and except as otherwise provided herein, supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter of this Agreement. Purchase Orders, deposit checks, e-mail confirmations and contract signatures are also considered as ratification to all of the terms and conditions and warranties as provided.
This Agreement is the joint work product of the parties, and in the event of any ambiguity herein, no inference or construction shall be drawn against a party by reason of document preparation. Every provision of this Agreement is intended to be severable. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction, or if it is found in contravention of any federal, state, or county statute, county code, or regulation, the remaining provisions of this Agreement, or the application thereof, shall not be invalidated thereby, and shall remain in full force and effect to the extent that the provisions of this Agreement are severable. Waiver of breach or default of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is amended. Performance under this Agreement is subject to interruption and delay due to causes beyond the parties’ reasonable control, such as acts of God, acts of any government, war or other hostility, including acts of terrorism, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. Nothing contained herein shall create a contractual relationship with, or any other rights in favor of, any third party. All express representations, indemnifications or limitations of liability included in this Agreement will survive its completion or termination for any reason. Exhibit “A” is the Limited Warranty incorporated by reference.
T&C 09-14-2010