TERMS AND CONDITIONS
1. COMPENSATION. Triangle Concrete Solutions is providing an estimate. Client shall pay Triangle Concrete Solutions as set forth in the estimate. Price is subject to change, with customer’s approval, if the void under the slab is greater than anticipated.
2. INVOICING & PAYMENT. Triangle Concrete Solutions shall invoice Client upon completion of the Work. Client shall pay invoice within 10 days of issuance of the invoice. If a deposit is required, work shall not commence until payment of the deposit has been paid in full. Client shall also pay to Triangle Concrete Solutions a late charge of 1-1/2% per month on all balances unpaid 30 days after the invoice date. If client fails to pay on time and Triangle Concrete Solutions refers your account(s) to a third party for collection, Triangle Concrete Solutions 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. Triangle Concrete Solutions will try in every attempt to collect in house, but if all attempts are failed Triangle Concrete Solutions may refer account to a third-party collection agency, in this event all correspondents and/or payments must be made through the collection agency.
3. LIMITED GUARANTEE. On concrete over 10 years old, Triangle Concrete Solutions will re-pump once, in a two-year period, if necessary, any areas that have resettled more than a ¼”, at no cost to the customer. A re-pump constitutes using the same holes. This guarantee is void if the customer does not seal all cracks and joints on the slabs and maintain BACKFILL along the slabs involved or if resettling occurs as a result of flooding or other acts of God. This guarantee does not include patches applied to or placed between the slabs and also does not include crack repair done by the customer.
4. ALLOCATION OF RISK.
A. IN NO EVENT SHALL TRIANGLE CONCRETE SOLUTIONS 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.
I. TRIANGLE CONCRETE SOLUTIONS 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 OWNER’S RESPONSIBILITY TO REPLACE IT AT CURRENT REPLACEMENT COST.
B. TRIANGLE CONCRETE SOLUTIONS’S MAXIMUM LIABILITY TO CLIENT FOR THE WORK, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS $500.00 OR THE AMOUNT PAID TO TRIANGLE CONCRETE SOLUTIONS FOR THE WORK, WHICHEVER IS GREATER. IT IS EXPRESSLY AGREED THAT THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AGAINST TRIANGLE CONCRETE SOLUTIONS 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 TRIANGLE CONCRETE SOLUTIONS FOR THE WORK, WHICHEVER IS GREATER.
5. LIEN WAIVERS. Client is entitled to written lien waivers upon receipt by Triangle Concrete Solutions of full payments as called for in this Proposal.
7. INSURANCE. Owner to carry fire, tornado and other necessary insurance on above work. Triangle Concrete Solutions to carry Workmen’s Compensation & General Liability Insurance.
8. GOVERNING LAW. This Agreement shall be construed and governed under the laws of Wake County in the State of North Carolina, 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. Triangle Concrete Solutions 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.