Terms & Conditions
Terms & Conditions: By signing this document, the customer agrees to the services and conditions outlined in this document and/or attached in the Terms and Conditions. ACCESS TO PROPERTY AND MOBILIZATION: Affordable Sealcoating & Paving, LLC (ASAP) must have a clear concise uninterrupted workspace to be provided by the customer at all times. The owner or owners’ agent must follow all prep instructions provided by the inspector prior to our mobilization. Additional costs will be billed accordingly with notification made to the owner or owner agents and prior to performing the additional work. ASAP may require the purchaser to provide additional access as directed at the time of service to insure a proper application. CHANGES & ADDITIONS TO WORK: Any additional findings or variations in the original scope of work will be billed accordingly with notification made to owner or owner agents and prior to performing the additional work. Labor, equipment and material rates will be based upon price lists set forth in the Xactimate pricing platform. Prices are based upon eight-hour working shifts, Monday through Friday. Night, weekend, holiday shifts or any variation of schedule shall require additional compensation. All labor wages are based upon non-prevailing rates unless otherwise noted. Affordable Sealcoating & Paving, LLC (ASAP) will provide construction service(s) and any additional services deemed necessary by ASAP, to the undersigned customer pursuant to the Terms and Conditions located on the front and back of this Agreement. The Agreement guarantee, as mentioned, is null and void if payment for said service(s) is not received within thirty (30) days of the performance and an additional late charge of $7.00 or 16%, whichever greater per every (30) days that service is not paid in full. Any additional or follow-up treatment performed on the property will be billed at the same rate, including guaranteed services. This Agreement together with the Terms and Conditions constitutes the entire agreement between the parties. ASAP shall have the right to collect the entire total amount due for the services as described in the Agreement. Any service performed on the property is deemed a full service and any additional service under the guarantee must be requested by the customer within 30 days of work performed. Cancellation shall be done at least 48 hours prior to any scheduled appointment otherwise the customer will be charged for the service. If there is a failure to timely cancel, it is within ASAP's discretion to charge for reasonable expenses incurred such as fuel, labor, time, and materials (including a 20% mark-up). Any Federal, State or Local Fees required for setting up the service prior will be charged to the customer in full should the customer cancel service. In the case of emergency services calls where the pricing on this agreement is listed as TBD or left blank both parties agree that Xactimate pricing methodology based upon square foot measurement will be the preferred pricing model and will be used for all services rendered unless otherwise agreed upon. By signing below, I represent that: (1.) I am an authorized representative for the service address above and have the authority to bind the contracting party; (2) I have read this Agreement in its entirety, including the Terms and Conditions located on the back of this Agreement and I fully and understand the service(s) I have contracted for with ASAP; and (3) I authorize ASAP to charge my Credit Card on file for service performed and that I have failed to pay for within 60 days from the date of the last service performed. Note-You, the customer, may cancel this Agreement, at any time prior to midnight of the third business day after the date of this Agreement, if sent in writing to our Corporate address. Please see additional Terms and Condition on back. CONSTRUCTION SERVICES SPECIFICATIONS: ASAP assumes that all information has been provided including surveys and drawings necessary to complete the scope of work and ASAP is not responsible for any other specifications not provided by the owner/owner’s agents. Unless otherwise noted, the owner is responsible for all permitting and third party inspections required to complete this project. Sales tax exempt certificates must be submitted and approved or else sales tax will be charged for services rendered. All power, water and heating/cooling is to be provided by purchaser throughout project duration. Equipment make, model or any other identifying information will be provided to purchaser upon request. ASAP may require the purchaser to provide electric connections, electrical lock-outs and disconnects at any time during the project. ASAP must have a clean concise uninterrupted workspace to be provided by the customer at all times. Prices are based upon eight-hour working shifts, Monday through Friday. Night, weekend, holiday shifts or any variation of schedule shall require additional compensation. All labor wages are based upon non-prevailing rates unless otherwise noted. 1. FUTURE DAMAGE AND SERVICES: ASAP is not responsible and does not guarantee against present or future damage to the building / property or contents or provide for the repair and replacement thereof. 2. LIMITATION OF LIABILITY: The Customer expressly releases ASAP for liability for personal injury or property damage (to include the structure or contents) caused by any construction activities. The Customer agrees that under no circumstances shall ASAP be liable for any amount greater than the amount paid for 1 service by the Customer to ASAP. In no event will ASAP be responsible for consequential damages for loss of use of property. Any claim by the Customer for damages must be made in writing within one (1) year of the incident at issue or it will be deemed waived. 3. ACCESS TO PROPERTY: Customer must allow ASAP full and safe access to the identified property for any purpose to complete its obligation under this Agreement. Failure to allow ASAP such access will terminate this Agreement without further notice. Customer is responsible for all payments due for services rendered prior to termination. 4. DISCLAIMER: A. ASAP is not liable for any breach if it is prevented from performing services because of delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fires, floods, quarantine restrictions, war, earthquakes, hurricanes, or any other act of God or circumstance or cause beyond the control of ASAP. B. ASAP is not responsible for damage resulting from customer failing to give notice or disclose to ASAP damages in existence, ASAP is not responsible for any third-party’s failure to disclose existing infestation, damages, environmental damage or structural damages prior to or after service. This is a binding Agreement for property maintenance to the agreed upon service schedule. ASAP disclaims any liability and shall not be responsible for indirect, special, incidental, consequential and/or loss of quiet enjoyment damages. The guarantees as specifically stated in this Agreement is in lieu of any other guarantee, warranty, express or implied, including any warranty of habitability, merchantability or fitness for a particular purpose. 5. CHANGES IN LAW: ASAP performs its services in accordance with the requirements of federal, state and local law. In the event of a change in existing law, as it pertains to the services herein, ASAP reserves the right to revise the service charge or terminate this Agreement. 6. NON-PAYMENT, DEFAULT: In the case of non-payment or breach by the customer, ASAP has the right to terminate this Agreement and demand full payment owed. Interest at the highest legal rate allowed will be assessed to and paid by customer for the period of delinquency. If customers breach results in prohibiting ASAP from performing the agreed upon services and/or non-payment for agreed upon services, customer will be billed for each additional service performed on your property pursuant to the guarantee. Any agreed upon services shall be bound to the agent’s signature on front of this Agreement. Any third-party representative shall be established between other parties involved. 7. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions in addition to the intact Agreement shall remain in full force and effect. 8. MISCELLANEOUS: Delays due to material and or vendor backorder, delays in material shipping, weather conditions, or other circumstances beyond the control of ASAP may materially alter start and end dates of services, and ASAP is not liable for any delays or failure to perform as a result thereof. The dates of beginning and completion are not of essence. The customer and ASAP agree that ASAP will backfill and return yard to rough grade, but that ASAP shall not be liable or responsible for damage to the lawns, shrubbery, trees, walks, driveways, patios, or buildings, etc. ASAP agrees that all materials used shall be of good quality and that all work will be done in good workmanlike manner, and that it will remedy any defect in the workmanship of which it receives notice within six (6) months from service date, without additional cost to the owners. The owners and or customer agree, however, that with respect to all accessories purchased by ASAP for installation such as heaters, light fixtures, plumbing fixtures, flooring, rugs, tiles, etc. that they shall look solely to the manufacturer’s warranty, if any, and not to ASAP. The parties hereto further agree that a ASAP warranty shall not be available to the owners and or customer unless the entire amount of the Agreement, together with any extras, cost, fees and interest (if applicable) shall have been paid in full. The parties hereto further agree that there are no warranties or representations made by or on behalf of the contractor other than those specifically set forth herein. The parties further agree that title to all removable equipment, parts, accessories and other materials installed hereunder shall remain as ASAP, as personal property, until all monies due have been paid in full. This Agreement shall not be binding upon ASAP unless accepted within thirty 30 days after the date submitted. If service is rendered within three 3 business days of ASAP receiving the signed agreement, it is the responsibility of the customer to send written notice, to expressly acknowledge and waive their right to cancel service. 9. CORPORATE REFUND POLICY: ASAP will not offer refunds of money for any services performed pursuant to this agreement. Any refund requests must be made in writing and the response to the request for refunds will also be made in writing. All refunds shall be mailed to ASAP 7707 County Road 41, Victor, NY 14564. Be aware any refunds may void any warranty or guarantees made on the property by ASAP. All refunds will be by check, within 10-15 business days after a written request from the customer has been made and approved by management. Be aware ASAP will charge a 4% fee if a credit card was used for the purchase. We do not accept credit card reversals or chargebacks as part of our refund policy. 10. PAYMENT TERMS: Total balance is due upon completion. All Credit Card transactions over $1,000.00 will contain a 3.5% processing fee of the applicable balance at the time of the transaction. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. The use of a check for payment is your acknowledgement and acceptance of this policy and its terms and conditions.