248pothole.com Terms & Conditions — Paving
WARRANTY: There shall be a (1) year guarantee against breakup only. Guarantee does not cover softness in asphalt, tire marks, water depressions, water puddling or ponding on paved surfaces, roughness or inconsistency in finished surface appearance, minor cracking, reflective cracking, or tree root cracking.
AGREEMENT: This proposal will not be binding upon 248pothole.com until the signed acceptance has been received by us, and been checked by an officer of this company. It is expressly understood that all the terms, agreements, and conditions relating to this proposal are only these expressed in writing herein, and that there are no oral representations, undertakings, terms, agreements, or conditions of any kind. No changes or alterations in the specifications shall be allowed except in writing and at prices agreed upon at this time the changes are authorized. Any alteration or deviation from the above specifications involving extra costs, materials, or labor will be executed upon written orders only, and will become an extra charge over and above the original estimate. Quantities and areas in this proposal are approximate, arrived at for estimating purposes only, and it is understood that payment is to be made on actual quantities of completed and actual areas covered unless otherwise indicated.
DELAYS: 248pothole.com shall complete the job within a reasonable time, however, it is not held liable for unforeseen delays. All agreements are contingent upon strikes, accidents, breakdowns, weather, or other delays beyond our control. 248pothole.com will schedule a date to perform the work, but not necessarily a time of day.
PROJECT HINDERANCE: The Purchaser of the above work shall be responsible for notifying all parties using parking areas of pending work. It is the responsibility of the Purchaser to have work areas clear of vehicles and obstructions (i.e. vehicles, lawn sprinklers, landscape service, deliveries, firewood, mulch/sand piles etc.) prior to the start of work. It is the responsibility of the Purchaser to provide tow trucks at Purchaser expense if necessary. 248pothole.com will not be liable for damage on unmoved vehicles or vehicles too close to work area. If additional trips are required due to inaccessibility of surface on the scheduled date, additional mobilization fees may be incurred. 248pothole.com shall be permitted to stockpile materials necessary for the performance of its work, on the Purchaser’s property adjacent to the site work, without cost. 248pothole.com is not responsible for damage to any surface which must be crossed to access work site, including but not limited to concrete, asphalt, grass, brick, or other surfaces.
SUB GRADE CONDITIONS: No Materials will be placed on a wet, unstable or frozen sub grade. A suitable sub grade is a condition precedent required to perform this proposal. Should any unusual soil conditions be encountered not specifically noted in this proposal, any extra cost in the performance of the work caused by such conditions shall be paid by the Purchaser.
MINIMUM GRADE: Although all efforts will be made to ensure positive drainage on pavements installed by 248pothole.com, a minimum grade of 1.5% is necessary for surface drainage. In situations where less than 1.5% grade exists, water ponding may occur and no warranty attaches to the work as to surface drainage, water puddling, and/or water ponding of any kind.
UNDERGROUND STRUCTURES: It is the Purchaser’s responsibility to advise 248pothole.com of the existence and location of all underground structures such as sewer, water, gas lines, etc. which might be encountered prior to the performance of its work. If during the performance of the work the identity or location of the underground structures are discovered that varies from those specified herein, any extra cost incurred in moving, protecting, or covering the same, or otherwise shall be borne by the Purchaser. 248pothole.com is not responsible for damage to anything underground, including, but not limited to, wiring for items such as dog fences, landscape lighting, or irrigation systems. Purchaser agrees that 248pothole.com assumes no responsibility for removing hidden objects encountered during the performance of any work. Any costs incurred by the removal and disposal of such hidden objects shall be borne solely by the Purchaser, and 248pothole.com shall be reimbursed accordingly.
TREE ROOT/REFLECTIVE CRACKING: 248pothole.com shall not be responsible for damage to trees occasioned by removal of tree roots in preparing the surface, nor shall 248pothole.com be obligated to remove damaged or destroyed trees. 248pothole.com is not responsible for growth or re-growth of vegetation including, but not limited to, tree roots, weeds, and grass. When resurfacing concrete, brick, or asphalt pavements 248pothole.com is not responsible for reflective cracks or expansion joints, which may occur. Asphalt repairs will not match original asphalt in appearance due to relative age and various mix designs. There is no warranty offered on concrete or brick that has been resurfaced with asphalt.
PROPERTY LINE: The Purchaser of this asphalt/concrete work shall establish and designate property lines, and the Purchaser shall be obligated to pay for work performed as ordered. In the event the property lines established and designated by the Purchaser trespass on other property, the Purchaser shall indemnify and hold 248pothole.com harmless from any damages caused thereby to the owner of such other property. 248pothole.com assumes no responsibility for determining whether the Purchaser has the legal right or authority to pave the property as directed. Notwithstanding that such work might be deemed to violate any ordinance, zoning regulation or other laws, the Purchaser shall nevertheless be obligated to pay for all work as ordered.
GENERAL INDEMNIFICATION: Purchaser agrees to indemnify, defend, and hold harmless 248pothole.com, as well as their respective agents, servants, directors, officers, and employees (collectively, the “Indemnitees”), from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) resulting from claims by third parties occasioned by (i) death, injuries to any person or damage to, or theft or loss of property occurring in or about the project area or related to 248pothole.com’s work performed. If any proceeding is brought against any Indemnitee involving a claim from which Purchaser is obligated to indemnify the Indemnitees pursuant to this Section, Purchaser, upon notice from 248pothole.com, will resist and defend such proceeding with respect to that claim (by counsel reasonably satisfactory to 248pothole.com, except such consent is not required if such defense is provided by Purchaser’s insurer) at Purchaser’s sole cost.
PERMITS: The owner or Purchaser of the above work shall be responsible for fees associated with any and all permits, inspections, and assessments if they are required.