General Terms and Conditions
Compensation. Client shall pay as set forth above. Price is subject to change, with customer's approval.
Invoicing & Payment. Invoice will be issued to Client upon completion of the Work. Client shall pay invoice within 10 days of Client's receipt of the invoice. Client shall also pay a late charge of 1-1/2% per month on all balances unpaid 30 days after the receipt of the invoice date.
Deposit 30% down prior to start of project
NOTICE OF RIGHT TO CANCEL
You are entering into a contract. If that contract is a result of, or in connection with a salesman’s direct contact with, or call to you at your residence without your soliciting the contract or call, then you have a legal right to void the contract or sale by notifying us within three business days from whichever of the following events occurs last:
1. The date of the transaction, which is: ________________ or
2. The date you received this notice of cancellation.
You have the right to cancel the contract upon three business days written notice for any reason from the date of acceptance. If you fail to cancel this contract within three business days from the date of acceptance, you forfeit the required 30% deposit, and it will not be refunded.
How to cancel If you decide to cancel this transaction, you may do so by notifying us in writing at: Magic Raising Concrete Repair 174 N Raymond Place Boise, ID 83704. Or 208-602-2530.
You may use any written statement that is signed and dated by you and states your intentions to cancel, or you may use this notice by dating and signing below. Keep one copy of the notice because it contains important information about your rights. I wish to cancel.
The undersigned acknowledges receipt of the two copies of the Notice of Right to Cancel.
LIMITED WARRANTY
Standard exclusions permitted by State Law This Limited Warranty is made in lieu of an excludes all other warranties, express or implied, and all other obligations on the part of the Contractor: Magic Raising Concrete Repair, LLC to the customer. There are no verbal or written warranties and no warranties that extended beyond description on the face hereof, including NO WARRANTIES OF EXPRESS OR IMPLIED MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
General Terms -- Magic Raising Concrete Repair
For the applicable time periods indicated below, this Warranty is transferable at no charge to future owners of the structure in which the work specified in this Contract is completed. This Warranty is in effect if the job specified in this Contract is completed and paid in full and, alternatively, is null and void if full payment is not received within specified period. Contractor does not warrant products not mentioned below, but some of such products may be covered by a manufacturer’s warranty. All material used is warranted to be as specified in this Contract. All work will be completed in a first-class workmanlike manner according to the generally accepted standard practices of the industry.
Dowsil Pro: Contractor will warrant Dowsil Pro for a period of 5 years following the date of the installation. The warranty covers any debonding or general product installation error.
Saltguard: Contractor does not assume any responsibility of concrete crumbling or further
spalling, pitting and flaking of concrete at any time following the installation. Saltguard help
mitigate the damage of the surfaces due to absorption and evaporation of water.
EZTque/SuperSeal2000: EZTique and SuperSeal2000 products are subject to a 1-year warranty at time of installation.
Endurable Stain/Seal: Endurable Stain and Endurable Seal or Super Seal 2000 are subject to a 1-year warranty at time of installation.
DecoShield: Contractor will warranty DecoShield System for a period of 1 year following the date of installation. Contractor does not assume any responsibility of concrete crumbling of further spalling, pitting and flaking at any time following the installation.
Concrete replacement: Magic Raising Concrete Repair LLC is not responsible for any damage to unknown or unmarked underground pipes or cables. This includes all utilities and private water irrigation lines. The owner is responsible for calling the utility or landscape companies to have lies disconnected and/or moved, if necessary, before concrete installation begins. The owner is responsible for repairing cost of any damage, or collateral damage caused to any underground pipes or cables that have not been moved and clearly marked. Magic Raising Concrete Repair LLC will contact Idaho Digline to have utility lines located prior to any work beginning.
Exclusions: THIS WARRANTY DOES NOT COVER, CONTRACTOR SPECIFICALLY DISCLAIMS LIABILITY FOR, AND CUSTOMER HOLDS CONTRACTOR HARMLESS FROM:
1) Cracking that occurs during the concrete lifting process.
2) Exterior waterproofing
3) Plumbing damage
4) Customer-caused damage
5) Dust from installation
6) Damage to real or personal property such as walls, countertops, floor coverings, framing, Sheetrock, exterior materials, cabinets, appliances, and so on, including any damage alleged to have been done by the Contractor’s use of heavy equipment necessary to complete the job.
7) Any injury or damage caused by mold to property or person.
8) Failure or delay in performance or damage caused by acts of nature (flood, fire, storm, methane gas, etc.) act of civil or military authority, or any cause outside Contractor’s control.
9) Damage from lifting operation
10) Basement water seepage
11) Damage from heaven, lateral movements/forces of hillside creep, land sliding, or slumping of fill soils. While Contractor assumes responsibility for utility damage that occurs as a result of Contractor’s installation, such protection is limited to replacing/repair the area Contractor damaged and does not include any upgrades to utilities for code compliance or other reasons.
12) Contractor does not assume responsibility for damage done to sprinkler/private irrigation lines during the lifting process, including but no limited to puncturing the lines during the drilling process. Items for which customer is responsible. Customer shall:
1) Make full payment to the crew leader upon completion of work.
2) Prepare the work area for installation.
3) Be responsible for any finished carpentry, painting, paneling, landscaping, etc. that may be necessary after Contractor’s work is finished.
4) Mark private lines (satellite, propane, sprinkler, etc.)
5) Maintain positive drainage away from the repaired wall(s)
6) Keep gutters clean and in good working order.
7) Direct downspouts a sufficient distance away from the repaired concrete 8) Any item mentioned in this Contractor under “Customer Will” or “Additional Notes”.
General Terms -- Magic ResinRock & Deco
The manufacturer warrants that its resins will be free from manufacturing defects for a period of: 10 years from the date of application in relation to bound stone surfacing*. The manufacturer reserves the right to examine, with the permission as may be necessary of the end user, any installation in respect of which a claim has been made. All Warranty claims must be supported by satisfactory proof of purchase and date of installation and will be subject to verification by the Manufacturer. In the event of a successful Warranty claim the manufacturer's sole obligation shall be to supply replacement resin material to replace the defective material. Any replacement material shall not extend the Warranty period or constitute a new material giving rise to a new warranty.
Manufacturer: Resin Rock LLC
4363 Independence Court, Sarasota, FL. 34234
The Warranty specifically excludes:
a) Removal of obstructions and traffic interference to enable performance of Warranty obligations; and
b) All and any consequential loss or damage arising from failure of the material whether arising
in tort, negligence, contract or otherwise. The Warranty applies only to the material sold for installation within the country it is delivered to. The manufacturer refers to its Standard Terms and Conditions of Sale to which this Warranty is subject. The following are specifically excluded from the Warranty and will result in a failure. Warranty claim:
1) Any defects not reported to the Manufacturer within 90 days of manifestation
2) Any defects, damage or failure arising as a result of natural disasters, act of God or other causes beyond the control of the Manufacturer
3) Defects, damage or failure arise as a result of falling objects, penetration, vandalism, damage or attack by third parties and foreign objects or agents;
4) Any damage to or failure of the coating resulting from repair, alteration or modification of the coating, the coating foundation or attachments to or projections through the coating or structures without prior written authorization from the Manufacturer;
5) Failure to prove, to the Manufacturer's satisfaction, date of installation/application and/or proof of purchase;
6) Failure to ensure timely and proper removal of obstructions and elimination of traffic interference to enable the Manufacturer to fulfill its Warranty obligations;
7) Damage caused to wholly or partly by faulty or inadequate structural design or integrity, settling, cracking, expansion, contraction, reflection or other movement greater than 1.0 mm at its widest point.
8) Damage resulting directly or indirectly from willful damage, gross negligence, abnormal working conditions, misuse of any kind including chemical spills or snowplow damage by owner or its agents, tenants, invitees.
9) If material has been installed incorrectly or insufficient by the installer. This would be an issue between homeowner and installer.
The Warranty is in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for the purpose of the material or any part of it. This Warranty is governed by and construed in accordance with American law and has no legal force unless and until completed, signed and dated by the installer and the Manufacturer. The Manufacturer undertakes that in the event of the Resin Rock system failing, then sufficient material to remedy the defects will be supplied free of charge on the basis of the following formula. Original Material Invoice Value x Unexpired Warranty Period Total Warranty Period 5/6 This warranty will be between Magic Raising Concrete Repair (Magic ResinRock & Deco) and the project owner at the time of completion. It will not be transferable to subsequent owners.
ADDITIONAL TERMS AND CONDITIONS
1. Scope of Work
The Contractor shall perform the Work as described in the attached proposal, estimate, specifications, and drawings (if any). The Work includes all labor, materials, equipment, and services necessary to complete the project in a professional manner according to industry standards.
2. Project Schedule
The project shall commence within a reasonable time after receipt of the deposit and be substantially completed within the time frame agreed upon. Time is not of the essence unless specifically stated. Delays caused by weather, material shortages, site conditions, or other events beyond Contractor's control shall extend the completion date accordingly.
3. Change Orders
Any modification to the scope of work, price, or schedule must be documented in a written Change Order signed by both parties before the change is implemented. The Change Order will specify the adjustment to the contract sum and/or time.
4. Permits and Regulatory Compliance
Contractor shall secure all necessary permits and licenses required for the Work and shall comply with all applicable federal, state, and local laws, codes, and regulations. Client shall pay any permit fees unless otherwise agreed.
5. Insurance
Contractor shall maintain adequate general liability, workers' compensation, and other insurance as required by law. Proof of insurance will be provided upon request.
6. Indemnification
Client agrees to indemnify and hold harmless Contractor from any claims, damages, or liabilities arising from Client's acts or omissions, including failure to properly mark or protect underground utilities not located by Digline.
7. Dispute Resolution
Any controversy or claim arising out of or relating to this contract shall be settled by mediation first. If mediation fails, by binding arbitration in Ada County, Idaho, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
8. Force Majeure
Contractor shall not be responsible for delays or failures in performance caused by acts of God, weather conditions, strikes, lockouts, labor disputes, shortages of materials, or other causes beyond its reasonable control.
9. Termination
Either party may terminate this contract for material breach upon written notice. In the event of termination, Client shall pay Contractor for all work performed up to the date of termination plus reasonable demobilization costs.
10. Entire Agreement and Governing Law
This Agreement, including any attached documents, constitutes the entire understanding between the parties and supersedes all prior agreements. It shall be governed by the laws of the State of Idaho.
