Concrete Repair Joint Sealing Cracking Sealing Agreement

TERMS AND CONDITIONS:

  1. COMPENSATION. American Concrete Repair, LLC. is providing an estimate. Client shall pay American Concrete Repair as set forth in the estimate. Price is subject to change, with customer’s approval, if customer requests changes or additions to the scope of work. If the crew is turned away from the job-site or less than 24 hour prior cancellation notification is given, the customer will be responsible payment of $50. Any and all travel costs associated with concrete repair or joint and crack sealing must be paid the same day of service. All travel costs are non-negotiable and must be paid if the contract is agreed upon.
  1. INVOICING & PAYMENT. American Concrete Repair shall invoice Client upon completion of the Work. During projects which exceed $2000.00 in value American Concrete Repair may invoice Client in part as work progresses. Client shall pay all invoices upon completion of said invoice. Once the job has started, the client is liable for a minimum of 95% of the proposed bid and any additional material, upon approval, if needed. Client shall also pay to American Concrete Repair a late charge of 1-1/2% per month on all balances unpaid 10 days after the invoice date. If client fails to pay within 30 days and American Concrete Repair refers your account(s) to a third party for collection, American Concrete Repair will charge all costs associated with the non-payment, including but not limited to, accumulated late fees, return check fees ($30.00), insufficient funds fees, collection agency fees, and court and attorney costs. American Concrete Repair will try in every attempt to collect in house, but if all attempts are failed American Concrete Repair will refer account to a third party collection, in this event all correspondents and/or payments must be made through the collection agency.
  1. LIMITED WARRANTY.
    Warranty Selection and Activation
    The 1-Year, 3-Year, or 5-Year Limited Warranty is available for an additional charge as outlined in the estimate. The warranty will only apply if the customer has selected the desired warranty period and paid the associated charge. If the warranty has been selected, but payment has not been made, the warranty will not be activated until full payment has been received.

    Warranty Details
    The specific terms of the selected warranty, including coverage, exclusions, and activation conditions, are outlined in the accompanying warranty document. The warranty will be valid only if selected and fully paid for by the customer prior to or at the time of service completion. In simple terms, the warranty covers defects in materials or workmanship related to the work performed by American Concrete Repair, for the duration of the selected warranty period (1, 3, or 5 years). This includes any issues that arise due to faulty materials or poor craftsmanship, but does not cover issues caused by natural wear, damage from extreme weather, or external factors.

    Non-Selection of Warranty
    If the customer does not select a warranty, no warranty will apply, and the work will be performed as-is with no further obligation or protection beyond the standard workmanship guarantees.

  1. ALLOCATION OF RISK.
     IN NO EVENT SHALL AMERICAN CONCRETE REPAIR BE LIABLE TO CLIENT OR ANY THIRD-PARTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOSS OF BUSINESS OR LOST PROFITS) RESULTING FROM OR ARISING OUT OF THE WORK.

    AMERICAN CONCRETE REPAIR IS NOT RESPONSIBLE FOR LANDSCAPING, DAMAGE TO PLUMBING OR ELECTRICAL, CRACKS IN SLABS, FLOOR OR WALLS OR ANY DAMAGE WHICH HAS OCCURRED OR MIGHT OCCUR AS A RESULT OF THE SETTLING OR THE CONCRETE SEALING PROCESS.

    AMERICAN CONCRETE REPAIR’S MAXIMUM LIABILITY TO CLIENT FOR THE WORK, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS $100.00 OR THE AMOUNT PAID TO AMERICAN CONCRETE REPAIR FOR THE WORK, WHICHEVER IS GREATER. IT IS EXPRESSLY AGREED THAT THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AGAINST AMERICAN CONCRETE REPAIR FOR THE WORK PERFORMED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, IS THE AWARD OF DAMAGES NOT TO EXCEED THE STIPULATED $100.00 FIGURE, OR THE AMOUNT PAID TO AMERICAN CONCRETE REPAIR FOR THE WORK, WHICHEVER IS GREATER.

  2. Customer Recourse and Dispute Resolution:
    a)     Mediation and Arbitration
    In the event of any dispute arising from the services provided or the terms of this Agreement, both parties agree to first attempt to resolve the issue through mediation. If mediation is unsuccessful, both parties agree to submit the matter to binding arbitration before a neutral third party. The cost of mediation and arbitration will be shared equally between the parties.

    b) Contact for Complaints
    If the customer is dissatisfied with the work or the warranty terms, they must first follow the warranty process outlined in the accompanying warranty document. This includes notifying the company of any warranty claims within the warranty period.
    If the issue remains unresolved after 24 business days, the customer may escalate the matter to Nathan Bollschweiler, Owner of American Concrete Repair LLC, at 701-690-6359 or by email.
    For non-warranty-related complaints, the customer can also contact the company directly as described above.

    c) Legal Rights
    Nothing in this Agreement shall limit the Customer’s right to pursue legal recourse through the courts if the issue is not resolved through mediation, arbitration, or direct contact with the company.

  1. LIEN WAIVERS. Client is entitled to written lien waivers upon receipt by American Concrete Repair of full payments as called for in this Proposal.
  1. NORTH DAKOTA CONSTRUCTION LIENS. AS REQUIRED BY THE NORTH DAKOTA CONSTRUCTION LIEN LAW, AMERICAN CONCRETE REPAIR HEREBY NOTIFIES CLIENT THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE WORK ON CLIENT’S LAND MAY HAVE LIEN RIGHTS ON CLIENT’S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN DIRECTLY WITH THE CLIENT OR THOSE WHO GIVE THE CLIENT NOTICE WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS. CLIENT MAY RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE WORK, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. AMERICAN CONCRETE REPAIR AGREES TO COOPERATE WITH THE CLIENT AND THE CLIENT’S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
  1. INSURANCE. Owner to carry fire, tornado and other necessary insurance on above work. American Concrete Repair to carry Public Liability Insurance.
  1. GOVERNING LAW; VENUE. This Agreement shall be construed and governed under the laws of the State of North Dakota, without application of conflict of law principles. All actions or counterclaims regarding the enforcement or interpretation of this Agreement shall be initiated and prosecuted exclusively in the state court sitting in, or the federal court having jurisdiction over, the county in which the Work was performed. American Concrete Repair and Client both consent to the jurisdiction and venue of such courts and expressly waive objections based on the doctrines of personal jurisdiction and forum non conveniens.

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(Signature of Client having read and accepted terms and conditions listed above)