2025-05-14 CC Packet - Laserfiche WebLink

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ADDITIONAL TERMS AND CONDITIONS 1. Any questions concerning this invoice must be reported to our office within 10 days or invoice will be valid as billed. 2. Mechanic's Lien Notice. Minnesota law requires that we provide you with the following mechanic's lien notice: "ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE." 3. Security Agreement/Right of Re-Entry. Customer grants to Bergerson-Caswell a security interest under the Uniform Commercial Code in all materials and products installed by Bergerson-Caswell, and the proceeds from the sale of these materials and products. Customer grants Bergerson-Caswell a right to re-enter the property and to repossess the materials and products installed, regardless of whether or not they are affixed to the land or structure, which right shall continue until Bergerson-Caswell has been paid in full for the materials andlabor provided. 4. Payment Terms, Service Charges and Costs of Collection. Customer agrees to pay Bergerson-Caswell in full within the terms listed on the invoice. Service charges will accrue on all outstanding balances, commencing the day after the date of the invoice, at the rate of 18% per annum, or such lower rate as may be determined to be applicable under the provisions of state and federal law. A service charge of $30 will be imposed immediately on any dishonored check. In the event of Customer's default in payments due under the terms and conditions of this Contract, Customer agrees to pay all actual and prospective attorney fees or other costs of collection at any time paid or incurred by Bergerson-Caswell. These costs and expenses will be due and payable whether or not incurred in connection with a court action. 5. Guaranteed Price/Final Price. Price estimates contained in this Contract and standard prices found on the list of additional items, are guaranteed for 21 days after the date hereof. Customer agrees to pay such additional charges as may arise from price increases occurring beyond 21 days after the date hereof, additional items selected by the Customer, or additional per foot charges if the depth of the well exceeds the estimate. 6. Risk of Loss --Delays. Risk of loss shall pass to Customer when the products or materials are installed at the job site. Bergerson-Caswell shall not be responsible for performance failures due to strikes, wars, accidents, acts of God, labor, transportation, or other causesbeyond its reasonable control. Under no circumstances will Bergerson-Caswell be responsible for any damages growing out of or owing to any delay of any kind whatsoever. 7. Warranties, Disclaimer, and Exclusions. Bergerson-Caswell's exclusive liability under this Contract is limited to the repair or replacement, at Bergerson-Caswell's option, of substantially defective goods or materials. Bergerson-Caswell's obligation under this exclusive remedy shall terminate 365 days after installation unless Customer, within that 365 days, gives Bergerson-Caswell written notice of defects. This Contract is made upon the express understanding that there are not implied warranties of merchantability and fitness for a particular purpose which are applicable to this transaction. These implied warranties, and all other warranties, expressed or implied, except as specificallyprovided in this contract, are excluded from this transaction and shall not apply. Bergerson-Caswell shall not be liable for any consequential orincidental damages. 8. Acceptance or Rejection. Customer shall inspect the installation within 10 days after completion by Bergerson-Caswell and shall give written notice to Bergerson-Caswell of any claim that the work does not conform with the terms of this Contract. If Customer fails to give such notice, the work shall be deemed to be conforming, and Customer will be bound to accept and pay for the goods and materials in accordance with the terms of this Contract. 9. Miscellaneous. The Contract shall be governed in all respects by the laws of the State of Minnesota. Nothing in this Contractshall be construed to be a waiver of mechanic's lien rights. No change, addition, or modification to this Contract shall be binding upon Bergerson- Caswell unless it is in writing. No waiver of any provision of this Contract shall be valid unless it is in writing and signed by Bergerson-Caswell's representative. 74