TERMS AND CONDITIONS
COMPENSATION. Concrete Experts Ltd. (also known as Concrete Experts) is providing an estimate. Client shall pay Concrete Experts as set forth in the estimate. Price is subject to change, with customer’s approval, if the work to be done is greater than anticipated. If the crew is turned away from the jobsite or less than 24 hour prior cancelation notification is given, the customer will be responsible for a service fee of $100.
INVOICING & PAYMENT. Concrete Experts shall invoice Client upon completion of the Work. Full payment is due upon receipt of the invoice. The Client shall also pay to Concrete Experts a late charge of 2% per month on all balances unpaid 30 days after the invoice date. If the client fails to pay as agreed, Concrete Experts will place a lien on the title of the property at the owner’s expense. All legal fees associated with this, along with 2% interest per day will be owed to Concrete Experts.
DELAYS. If Concrete Experts is delayed at any time in the progress of the Work by changes ordered in the Work, weather conditions, or unavoidable causes beyond Concrete Experts’ control, or by any cause which the owner may determine justifies the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the owner may determine.
- Lifting/Leveling. On concrete over 2 years old, Concrete Experts will repump once, in a fifteen year period, if necessary, any areas that have resettled more than a ¼”. A repump constitutes using the same holes. This guarantee does not include patches applied to or placed between the slabs. This guarantee is void if the customer does not seal all cracks and joints on the slabs or maintain BACKFILL along the slabs involved or if resettling occurs as a result of flooding, ants, underground springs, a pre-existing drainage condition or other acts of God.
- Custom Concrete. Concrete Experts places concrete according to CSA standards. Cracks are not subject to warranty, as this does occur with all concrete. Saw cuts or expansion joints are placed into the concrete to control cracking. For one year, Concrete Experts guarantees no surface spalling. If spalling appears to be from excessive use of salts or surface abrasion, the warranty is void.
- Sealing. Concrete Experts guarantees proper surface preparation and application methods according to the product specifications. If any errors are identified before close of season, reparations will be made at the earliest opportunity. Sealers have a varied life expectancy, and many limiting factors. Because of this, we offer no guarantee on the appearance or performance of the sealers beyond the guarantees of the product supplier. Should any product failure be identified, Concrete Experts will make reparations at the cost of the product supplier and according to their specifications.
- All Services. Concrete Experts reserves the right to charge a $100.00 service fee for a crew to return for any reason. This shall be agreed upon and paid by the customer.
CLIENT RESPONSIBILITY. Where there is a drainage condition, backfill issue, or any other problem, evidence needs to be emailed to firstname.lastname@example.org such as receipts or pictures of drainage issues resolved in order to qualify for our warranty.
ALLOCATION OF RISK. IN NO EVENT SHALL CONCRETE EXPERTS LTD. 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.
CONCRETE EXPERTS 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 LIFTING PROCESS. IF THE CONCRETE CANNOT BE RAISED AND MUST BE REPLACED, IT IS THE HOMEOWNER’S RESPONSIBILITY TO REPLACE IT AT CURRENT REPLACEMENT COST.
CONCRETE EXPERT’S MAXIMUM LIABILITY TO CLIENT FOR THE WORK, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS $500.00 OR THE AMOUNT PAID TO CONCRETE EXPERTS LTD. FOR THE WORK, WHICHEVER IS GREATER. IT IS EXPRESSLY AGREED THAT THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AGAINST CONCRETE EXPERTS FOR THE WORK PERFORMED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, IS THE AWARD OF DAMAGES NOT TO EXCEED THE STIPULATED $500.00 FIGURE, OR THE AMOUNT PAID TO CONCRETE EXPERTS FOR THE WORK, WHICHEVER IS GREATER.
INSURANCE. Owner to carry fire, tornado and other necessary insurance on above work. Concrete Experts to carry Workman’s Compensation Insurance.
GOVERNING LAW; VENUE. This Agreement shall be construed and governed under the laws of the Province of Alberta, 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 province of Alberta. Concrete Experts and the Client both agree to waive their rights to use the courts of Alberta, and instead agree to use mediation and binding arbitration with the arbitrator deciding who should pay for the arbitration.