Terms and Conditions:
The Savior Concrete Company LLC agrees to furnish all labor and materials necessary to complete your project described in the following Terms and Conditions.
Exclusions: Any necessary repairs will be brought to the customer's attention and an Additional Work Authorization will be provided. Generally, repair work is estimated on a time and material expense. Commencement and completion of project may be impacted by weather conditions. Estimate includes all labor and materials required for installation as described in Scope of Work.
Compensation: Owner agrees to pay THE SAVIOR for materials and labor as described within the detailed Purchase Agreement.
Default in Payment: THE SAVIOR may declare the whole of the contract price immediately due and payable but the is never likely to occur rather in a percentage of the whole in between stages of the projects.
Delays: THE SAVIOR shall not be held responsible for any and all damages occurring from work done by owner's subcontractors, extra work acts of owner, or owner's agent including failure of owner to make timely progress payments or payments for extra work, shortages of material and/or labor, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by contractor or from any other accidental or natural causes beyond his control.
Construction Disturbances: THE SAVIOR shall not be responsible for any equipment that may become disturbed, broken, or damaged during the normal completion of project and shall be the owner's responsibility to replace or repair. Examples of such are, and are not limited to: air conditioning taping on ducts or units, antenna(s), satellite dishes, HVAC, solar panels, cable lines, pipes, electrical, etc. Hazardous Materials or Conditions: In the event that any Hazardous Materials or Conditions are discovered, THE SAVIOR may exercise their duty to Stop Work under the terms of this contract and State Law. It is the Owner's sole responsibility to remediate Materials or Conditions that the State has deemed hazardous.
Change Orders: Owner may request changes in scope of work in the nature of deletions, modifications, and additions. In the event of deletions and modifications that reduce the scope of the work, THE SAVIOR will adjust the Contract Price accordingly. In the event of additions and modifications that increase the scope of work, THE SAVIOR will, in the event THE SAVIOR elects to proceed forward with such modifications or additions, shall give invoice to the owner for all costs incurred in performing such extra work. Owner shall pay all invoices for extra work performed by THE SAVIOR upon completion of such work. The parties acknowledge the Additional Work Authorizations for extra work shall be made in writing.
Absent Contractor's Negligence / Trade Damage: Contractor shall not be responsible for damage to driveways, walkways, curbs, plantings, trees, fences, shrubs, lawns, walls or interior furnishings or decoratics which may occur during the proposed work. In addition, THE SAVIOR shall not be responsible for any incidental trade damages, such as electrical, plumbing, or HVAC work, that may result during the completion of proposed work, especially damages that occur as a result of the work of a negligent previous contractor.
Cleanup: Contractor will be responsible for cleanup and removal of job related debris on the outside of the structure only: leaving the premises in a neat broom-clean condition. Job related debris consisting of dust, dirt, asphalt, or other job related materials, which may set into attics, garages, and living areas, or any other work area is unavoidable. Every effort will be made to minimize interior debris, however due to insurance liability limitations, the Contractor will not be responsible for or held liable for the cleanup or removal of any materials or debris left inside the structure during the normal course of construction unless the project were to be inside such as in a basement. THE SAVIOR is not responsible for interior/exterior damage due to movement during construction. THE SAVIOR is not responsible for damage of property caused by the delivery of materials or debris removal companies.
Disputes: If buyer is dissatisfied with some aspect of contractor's work after said job is completed, buyer agrees to not withhold any more than ten (10) percent of the total price of the contract until an agreement is reached and enacted upon whereon the balance withheld becomes due and payable.
Breach of Contract: In the event the owner's default or breach should prevent completion of the work described herein, owner agrees to pay contractor 33 percent of the contract price in lieu of damages for loss of profits plus all actual costs expended for labor and materials.
Attorneys Fees: In the event Owner fails to pay any sum owing to THE SAVIOR under this agreement, Owner agrees to pay any and all collection costs and expenses incurred by THE SAVIOR in collecting such sum, including without limitation, attorney's fees.
Contractor's Access to Building: Owner(s) shall supply free access to building for direct loading from contractor's equipment. In the event necessary access is available and is refused to the contractor, this contract may be canceled and the owner(s) shall pay for all reasonable costs incurred by the contractor.
Right to Stop Work: Contractors shall have the right to stop work and keep the job idle if payments are not made to the contractor when due or if any Hazardous Conditions are found, and may keep the job idle until all payment has been received or conditions are remediated. If the work is stopped for any reason, for a period of thirty (30) days, then contractor may at contractor's option, on a five (5) days written notice, demand and receive payment for all work executed and materials ordered or supplied and all other loss sustained, including contractor's normal overhead plus a profit of 20 percent of the contract price. Thereafter, the contractor is relieved from any further liability. If work stops for any reason, owner shall provide for protection of all material's on the premises and shall be responsible for any damage or loss of that material or any other losses related including those relating to bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by contractor or from any other accidental or natural causes beyond his control.
Force Majeure: THE SAVIOR shall have no obligation or liability whatsoever arising out of or in connection with any delay or failure to perform any of its obligations under this agreement, or any loss or damage incurred by the owner as a result thereof, if such delay or failure is caused, in whole or in part, either directly or indirectly, by any act of neglect of Owner, or any employee, agent or representative of Owner, adverse weather conditions, acts of God, strikes or other labor disputes, shortage or failure of supply of materials, unavoidable casualties, hazardous conditions, or any other occurrence, act, cause or thing beyond the control of THE SAVIOR, whether related or unrelated or similar or dissimilar to any of the foregoing, which prevents, hinders or makes fulfillment of this agreement impractical, any of which shall, without liability, excuse THE SAVIOR from the performance of this agreement.
Limited Warranty: Limited Warranty coverage for labor defects (i.e. defects in workmanship at time of installation) will be 6 months. THE SAVIOR shall assume responsibility for a period specified on front contract at full value. THE SAVIOR makes no warranty expressed or implied with regard to damage incurred, or actions caused by any person other than THE SAVIOR personnel. See THE SAVIOR Limited Warranty below.
Limitation of Liability: Under no circumstances shall THE SAVIOR be liable for any consequential, incidental, indirect or special damages, including without limitation: damages for loss of use, revenues or profits, or any punitive or exemplary damages, arising out of, resulting from, or anyway related to this agreement, notwithstanding the failure of essential purpose of any limited remedy herein. This exclusion shall apply regardless of whether such damages are sought based on breach of contract, breach of warranty, negligence, strict liability in tort, or any other legal or equitable theory. THE SAVIOR’S Limited Warranty covers workmanship only and excludes all materials used. Owner acknowledges that materials selected are NOT covered by this limited warranty, please see the manufacturer's warranty for details about warranties on the specified materials. Owner is hereby informed that THE SAVIOR does not agree with or endorse the manufacturer's warranty of the materials selected by the owner, Consequently, THE SAVIOR shall not be held in any way responsible or liable for any defects in materials.
CUSTOMER'S RIGHT TO CANCEL: IF YOU HAVE INDICATED IN A CONTRACT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN THE CONTRACT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL A CONTRACT WITHIN THREE DAYS OF THE DATE WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTH-IN-LENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIED. BE SURE THAT ALL PROMISES MADE BY YOUR CONTRACTOR ARE PUT IN WRITING BEFORE YOU SIGN A CONTRACT.