2015-06-10 CC Packet - Laserfiche WebLink

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TERMS AND CONDITIONS NOTICE OF LIEN RIGHTS AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAWS.CONTRACTOR HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND AND B I jILDING IF NOT PAID.THOSE ENTITLED TO LIEN RIGHTS,IN ADDITION TO THE UNDERSIGNED CONTRACTOR.ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVETHE OWNER NOTICE WITHIN SIXTY(60)DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION.ACCORDINGLY,OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION.AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED To THE MORTGAGE LENDER,IF ANY.CONTRACTOR AGREES TO COOPERATE WITH TIIE OWNER AND THE OWNER'S LENDER.IF ANY.TO SEE THAT ALL POTEN-nAL LIEN CLAIMS ARE DULY PAID. ACCEPTANCE OF WORK All labor and material is conclusively accepted as satisfactory unless accepted to in writing within seven(7)days of performance. EXTRA WORK All alterations,or deviations from any of the terms of this contract shall be in writing and executed by the parties hereto.Any extra cost involved therein will become an extra charge to be paid by PURCHASER over and above the contract price. PURCHASER'S RESPONSIBILITIES PURCHASER acknowledges and understands that it shall be responsible for obtaining any and all permit-,which may be required in connection with performance of this ProposalContract.Where applicable.PURCHASER shall also be responsible for backfilling areas that border along the newly paved surface with appropriate material to clumnate potential cracking and uneven surface at the edge of the paved surface and for installing, replacing,maintaining and repairing shoulders.PURCHASER assumes all liability for any damages done to underground utilities and/or structures unless CONTRACTOR has been notified,upon acceptance of this Proposal.as to the specific location and depth of any such buried utility/structures. INCLEMENT WEATHER Inclement weather may alter the completion of the work to be furnished hereunder.Furthermore,special consideration should he given if work is to be performed before Niav I or after October 15 in light of less than desirable weather conditions which could potentially impair the quality of the work performed hereunder. WARRAV, n' All material is guaranteed to be as specified and all work is to be completed in a workmanlike manner according to standard practices.All labor and materials will be guaranteed against defect for one(1)year from date of installation,Due to Wisconsin winters and expansion and contraction of the ground,sonic.cracking of the pavement may be experienced.There arc no express or implied warranties of merchantability,quality,and quantity or of fitness for any particular purpose,which extend beyond those specifically set out in this document, All warranties are void if payment is not made as stipulated. DELINQUENCY CHARGE Payment is due and payable upon completion of each stage of the work.If PURCHASER defaults on the payment required.PURCHASER will be liable for all costs of collection,including reasonable attorney's fees,and a delinquency charge on the balance at the maximum rates allowed by law. If PURCHASER is an organization as defined by Wis.Statutes,Section 421.301 (28).the Delinquency Charge rate shall be 1.5%per month(18% APR)Plus all costs of collection,including reasonable attorney's fees.CONTRACTOR retains title to all merchandise covered by this Agreement until full payment is received according to the above tertris of sale.PURCHASER consents in any action or legal proceeding relating to this Contract commenced by the CONTRACTOR to the personal jurisdiction of any court that is either a court of record in the State of Wisconsin or a court of the United States located in the State of Wisconsin It is hereby agreed that no legal action with respect to this contract may be brought by either party later than one(1)year after the cause of action accrues and that the party asserting such a legal action shall be barred from tiny remedy thereto. INDIVIDUAL LIABILITY The undersigned PURCHASER agrees to be individually liable for all terms of the Agreement,regardless of whether he or she signs individually or as an agent for the owner of the property upon which the work is being performed or for any other individual,partnership or corporation. PRODUCT INFORMATION AND MAINTENANCE Since the asphalt in blacktop needs time to harden and cure.usually 6-12 months,Your asphalt pavement will remain soft and pliable during warm weather.During this time,don't park in the same spot every time and do not turn your steering wheel back and forth when your car is not moving.It is not unusual to experience some cracking over the winter due to the contraction and expansion of the ground,especially over culverts,pipes, electric wires,etc.Avoid gasoline and petroleum product spills as they will destroy your pavement,Ifspillsdo occur,immediately flush with lots of soapy water-If you decide to seal coat your pavement,wait until the summer following installation, BINDING EFFECT This Agreement shall be binding upon the parties hereto,their heirs,personal representatives,successors and assigns. ENTIRE AGREEMENT The entire contract is embodied in this writing-This writing constitutes the final expression of the party's agreement,and is a complete and exclusive statement of that agreement.In the event that any term of this contract is unenforceable,the remaining terms of the contract shall still be in full force and effect. 28