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111111 <br />ASPHALT & CONCRETE, INC. <br />Proposal # 2018-0279 <br />TERMS, CONDITIONS & GUARANTEE <br />ACI Asphalt & Concrete, Inc.. hereafter referred to as `ACI" <br />Asphalt Guarantee <br />Fully covering labor, and materials against breakup for a period of year(s). <br />Any request made to "ACI" by the owner, general contractor or their respective authorized supervisory employees to overlook the standard practices and <br />procedures previously stated in these conditions will automatically negate any guarantee of material or workmanship whether such guarantee is written, <br />implied or orally stated. Asphalt is a machine laid surface which has seams that are sometimes noticeable. The surface texture of hand laid areas may not <br />be uniform to machine laid areas, due to hand raking and hand compaction. Guarantee does not cover markings from sharp pointed objects, power <br />steering created tire marks, or drippings from solvents and gas. <br />Sealcoat Guarantee <br />"ACI" will guarantee sealers(Asphalt emulsions and Blended sealers) from chipping and peeling for a period of 1 year. This guarantee does not include <br />wearing of sealer and adherence of sealer to oil spots, hydraulic spots and tree sap. Guarantee does not cover damage caused by acts of third parties. <br />Concrete Guarantee <br />"ACI" will guarantee concrete against defective materials and workmanship for a period of 1 year. This guarantee does not include concrete cracking or <br />surface deterioration of concrete due to salt use. <br />Guarantee & Service Exclusions (All exclusions apply to all above guarantees.) <br />Guarantee does not cover damage caused by acts of third parties. Guarantee does not cover heaving of asphalt or concrete, sub grade failure, settling or <br />expansion cracks due to freeze thaw weather cycle, tree roots or any other acts of nature. "ACI" shall not be liable for water ponding or retention in <br />surrounding areas of patching or new asphalt/concrete installation due to current grades or construction method chosen. "ACI" cannot guarantee drainage <br />or against water ponding on new asphalt without adequate slope. In flat areas, water will not drain unless there is more than 1-1/2" of fall per 10 feet. <br />"ACI shall not be held liable for damage to surrounding areas of driveway or parking lot due to poor sub grade, moisture or other unforeseen circumstance. <br />"ACI" shall not be liable for damage to adjoining concrete flatwork by asphalt installation equipment during standard construction. "ACI" is not responsible <br />for damage to irrigation or electrical systems that have been appropriately located by private or other authorized locating services. <br />Terms: Terms are as stated on sales proposal. You authorize "ACI" to perform a credit investigation and/or obtain credit report from credit reporting <br />agencies. If payment is not made in accordance with the above terms, the customer agrees to pay any collection, legal fees and interest for any unpaid <br />balances. Interest will accrue at a rate of .66% per month from the date of completion. Terms of guarantee are contingent upon receipt of final payment. <br />PRICE is based on specifications and estimates as shown on the "Proposal & Agreement". One mobilization charge is included in price, unless stated on <br />the "Proposal & Agreement". Additional mobilization charges will be at the rate set forth in agreed upon change order which is made part and parcel of <br />these conditions and "Proposal & Agreement". Field measurements may be made when the job is completed and any changes of specifications, areas, <br />tonnage, or gallonages will correspondingly change the completed price. <br />ADDITIONAL CHARGES may incur if the project exceeds the specifications and estimates of the as shown on the "Proposal & Agreement", additional <br />charges would be in accordance with the agreed upon change order which is made part and parcel of these conditions and "Proposal & Agreement". "ACI" <br />reserves the right to refuse additional equipment time, extra materials or extra labor if it would interfere with advanced scheduling with other customers <br />with whom previous commitments had been extended. Unless stated in the proposal, change orders will be required for permit(s), extra equipment time, <br />extra materials, or extra labor necessary to complete the job. Any deviation from this proposal or extra work will be executed only upon owner or owner's <br />agent orders and may become an extra charge over and above agreement. Subgrade is not up to acceptable specifications or requirements or if extra <br />services and/or materials are requested in writing by the owner or general contractor of their respective authorized supervisory employees. Proposal <br />excludes the following unless otherwise stated in the proposal: Permits, Excavation, Subgrade Prep, Staking, Material Testing, Sod Restoration & <br />Landscaping, Manhole/Catch Basin/Gate Valve Adjustments or Repairs, Vegetation Removal, SAC/WAC Charges, Dewatering. Additional mobilizations <br />or retention may be charged to customer if site is not free and clear for "ACI" to perform work as scheduled/agreed upon. <br />Conditions: The above prices, specifications and conditions are satisfactory and are hereby accepted. I, the property owner, am to carry fire, tornado <br />and any other necessary insurance. You are contracted to do the work as specified and the stated payment terms are acceptable. All material is <br />guaranteed to be as specified. All work is to be completed in accordance to standard construction practices. All agreements are contingent upon delays <br />beyond our control. <br />Notice Of Lien: A) Any person or company supplying labor or materials for this improvement to your property <br />may file a lien against your property if that person or company is not paid for the contributions. B) Under <br />Minnesota Law, you may have the right to pay persons who supplied labor or materials for this improvement <br />directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days <br />after completion of the improvement unless we give you a Lien Waiver signed by persons who supplied any Labor <br />and Material for the improvement and who gave you timely notice. <br />Customer Initial Date <br />Professional People, Progressive Solutions <br />www.aciasphalt.com <br />