LIFTECH Corporation Terms and Conditions
***PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY. BY SIGNING BELOW LIFTECH ASSUMES THAT THIS DOCUMENT HAS BEEN READ AND CLEARLY UNDERSTOOD. PLEASE CONTACT YOUR SALES REPRESENTATIVE IF YOU NEED CLARIFICATION OR HAVE ANY QUESTIONS.***
1. PROPERTY CONDITIONS. If conditions are encountered at the construction site which are subsurface or otherwise concealed physical conditions or unknown physical conditions of an unusual nature, which differ naturally from those ordinarily found to exist and generally recognized as inherent in construction activities, the Owner will promptly investigate such conditions and, if they differ materially and cause an increase in the Contractor’s cost of, and/or time required for, performance of any part of the work, will negotiate with the Contractor an equitable adjustment in the Contract Sum, Completion Date or both.
2. INVOICING AND PAYMENT: Liftech shall invoice customer upon completion of the work. Payment from the Client is due upon receipt of the invoice. Credit cards are an acceptable form of payment and the outstanding balance will be subject to a 2.9% convenience fee. Client agrees to pay 7% per month on any unpaid balance 30 days after the invoice date.
3. LIMITED WARRANTY: LIFTECH WARRANTS THAT THE FAILED CONCRETE WILL NOT SETTLE MORE THAN (½”) ONE HALF INCH FOR A PERIOD OF (2) TWO YEARS FOLLOWING THE COMPLETED WORK FOR ANY STRUCTURES OLDER THAN (10) TEN YEARS . THIS WARRANTY DOES NOT COVER CONCRETE THAT IS LESS THAN 10 YEARS OLD. IF THE SLAB SETTLES MORE THAN ONE HALF INCH IN THE FIRST TWO YEARS LIFTECH WILL REINJECT ONCE IN A 24 MONTH PERIOD AT NO CHARGE TO THE CUSTOMER. CAULKING/ SEALING OF THE CRACKS AND JOINTS IS NOT INCLUDED AS PART OF ANY REPAIR. CAULKING PERFORMED BY LIFTECH IS NOT WARRANTED AGAINST ITS PERFORMANCE, HOWEVER, WILL NOT AFFECT THE WARRANTY OF THE REPAIR IN THE UNLIKELY EVENT THAT THE CAULKING SHOULD FAIL. THIS WARRANTY IS VOID IF THE CUSTOMER DOES NOT SEAL THE CRACKS AND JOINTS ON THE SLAB OR MAINTAIN AND CORRECT THE GRADE ALONG THE SLABS INVOLVED OR IF FURTHER SETTLING OCCURS DUE TO FLOODING OR OTHER ACTS OF GOD. WARRANTY IS VOID IF RADON MITIGATION IS INSTALLED FOLLOWING THE REPAIR . IN THE EVENT THAT THERE IS ADDITIONAL CONCRETE SETTLING TO DUE THE CONTINUED SETTLEMENT OF THE SUBSOILS, LIFTECH WILL RE-LIFT THE SUBJECT CONCRETE AND THE CUSTOMER WILL BE BILLED AT THE ORIGINAL RATE.
4. ACCESS TO THE PROPERTY: Owner shall provide Contractor with reasonable access to and use of the Property during construction of the Project until completion of the Project. If Owner shall enter the Project or occupies the Property prior to the Project’s completion, it is understood that they do so at their own risk, and Owner hereby releases Contractor and agrees to indemnify and hold Contractor harmless from any and all claims for injury or damage to Owner’s person or property and to the person or property of any agent, invitee, guest or employee of Owner or any person(s) accompanying Owner. Owner shall exercise their right to access the Project during construction in such a manner as to not delay the material progress of the Work, and in the event of failure to do so, thereby causing loss to Contractor, the Owner shall reimburse Contractor for such loss. Failure by Owner to comply with the provisions of this paragraph shall constitute a default hereunder which shall entitle Contractor to stop work, receive all monies due for Work completed, and to receive payment for lost profits, damages and reasonable attorneys’ fees required to collect monies due hereunder.
5 . ALLOCATION OF RISK:
A. UNDER NO CIRCUMSTANCES WILL LIFTECH CORPORATION BE HELD LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOSS OF BUSINESS OR LOST PROFITS, RESULTING FROM OR ARISING OUT OF THE WORK BEING OR HAVING BEEN PERFORMED.
B . LIFTECH IS NOT RESPONSIBLE FOR LANDSCAPING, DAMAGE TO PLUMBING OR ELECTRICAL, CRACKS IN SLABS, FLOORING OR WALLS OR ANY DAMAGE WHICH HAS OCCURRED OR MAY OCCUR AS A RESULT OF SETTLING OR THE POLYURETHANE RAISING PROCESS. IF THE CONCRETE CANNOT BE RAISED AND MUST BE REPLACED, IT IS THE HOMEOWNER’S RESPONSIBILITY TO REPLACE IT AT THE CURRENT REPLACEMENT COST.
C. LIFTECH CORPORATION’S MAXIMUM LIABILITY TO THE CLIENT FOR THE WORK PERFORMED, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO $500.00 OR THE AMOUNT PAID TO LIFTECH CORPORATION FOR THE WORK PERFORMED, WHICHEVER IS GREATER. IT IS EXPRESSLY AGREED THAT THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AGAINST LIFTECH FOR THE WORK PERFORMED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, IS THE AWARD OF DAMAGES NOT TO EXCEED THE STIPULATED AMOUNT OF $500.00, OR THE AMOUNT PAID TO LIFTECH CORPORATION FOR THE
WORK PERFORMED, WHICHEVER IS GREATER.
6. COLORADO CONSTRUCTION LIENS:
AS REQUIRED BY COLORADO CONSTRUCTION LIEN LAW, LIFTECH CORPORATION HEREBY NOTIFIES CLIENT THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE WORK ON CLIENT’S LAND MAY HAVE LIEN RIGHTS ON CLIENTS LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, INDIRECTLY WITH THE CLIENT OR THOSE WHO GIVE THE CLIENT NOTICE WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR AND MATERIALS FOR THE WORK, AND SHOULD
GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. LIFTECH CORPORATION AGREES TO COOPERATE WITH THE CLIENT AND THE CLIENT’S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
8. INSURANCE: Liftech Corporation will carry all necessary insurances on above work. Liftech will carry workman’s compensation and general liability insurance and proof of which is available upon request.
9. GOVERNING LAW/ VENUE: This agreement shall be construed and governed under the laws of the State of Colorado, without application of conflict of law principles. All actions or counterclaims regarding the enforcement or interpretation of this agreement shall be initiated and prosecuted exclusively in the State court sitting in, or the federal court having jurisdiction over, the county in which the work was performed. Liftech Corporation and Client both consent to the jurisdiction and venue of such courts and expressly waive any objections based on the doctrines of personal jurisdiction and forum non conveniens.
10. MEDIATION. If a dispute or a material breach arises from or relates to this Agreement, and if the parties to the dispute or material breach cannot resolve such dispute through direct discussions, then, the parties agree to first endeavor to settle such dispute or breach in an amicable manner through mediation. Any mediation shall be conducted in the City of Boulder, Colorado; provided, however, that either party shall be entitled to participate in such mediation by teleconference or video conference. If the dispute or material breach is not entirely resolved within fifteen (15) days of the date written notice requesting mediation is given by one party to the other, then the obligation to mediate shall end. Notwithstanding anything to the contrary contained in this Agreement, the running of any cure period or similar time period provided in this Agreement shall be tolled pending completion or expiration of the mediation process or obligation.
11. Attorney’s Fees. The prevailing party in any litigation arising out of or related to this Agreement shall be awarded its reasonable attorney’s fees and costs in connection with any such litigation.
LIFTECH Corporation “Structural” Terms and Conditions
CUSTOMER’S RESPONSIBILITIES AND SITE CONDITIONS: 1) Preparing the work area for installation; 2) Secure, remove and protect all persons, animals and/or property, and its contents, including but not limited to cabinets, drywall, framing studs, fixtures, flooring, walls, tiling, carpets, drapes, furniture, driveways, lawns, shrubs, sprinkler systems, etc. during and upon completion of work, as Liftech Corporation (Liftech) is not responsible for such damages incidental or necessary to complete the scope of work; 3) Marking any private lines such as satellite cables, propane lines, sprinkler system lines, etc. (Customer assumes all responsibility for damages due to breakage of any hidden or unmarked fuel/utility/service/private lines, though Liftech will do its best to avoid such damage.); 4) Maintaining positive drainage around the exterior foundation walls of the building; 5) Install proper downspouts sufficient distance from foundation walls after the work has been completed; 6) Water seepage into any area of the basement (When trenching, excavation and epoxy injection is done during a repair, Liftech recommends a waterproofing membrane be installed to the exposed wall(s) to reduce the chance of water seepage into the basement. Water seepage is not covered by this Warranty and may require a waterproofing system from the Contractor at an additional cost to the Customer.); and 7) any items mentioned on the job Detail sheet(s) of the Contract “Customer will” or “Additional”.
STANDARD EXCLUSIONS : This foundation Limited Warranty (“Warranty”) is made in lieu of and excludes all other warranties, express or implied, and all other obligations on the part of the contractor (“Liftech”) to the customer (“Customer”). There are no other verbal or written warranties/work, no warranties which extend beyond the description on the face hereof, and NO WARRANTIES OF EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EXCLUSIONS: Liftech specifically disclaims liability for: 1) Exterior waterproofing; 2) System damage caused by Customer’s negligence, misuse, abuse, or alteration; 3) Dust incidental to installation; 4) Damage to personal property of any type; 5) Utility line breakage or private line breakage; 6) Damage caused by mold; 7) Failure or delay in performance or damage caused by acts of God (fire, flood, storm, methane gas, etc.), acts of civil or military authority, or any other cause outside of its control; 8) Damage done during a lifting operation; 9) Basement water seepage of any kind; 10) Heave or any damages caused by it; 10) Damage caused by lateral movements and forces of hillside creep, land sliding or slumping of fill soils of any kind; 11) Not limited to, property damage, personal injury, injury to animals, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects Items For Which The Customer Is Responsible.
CLEAN UP: Liftech will remove from the Customer’s property debris and surplus material created by its operation and leaves it in a neat and broom clean condition.
LIMITATIONS: This repair plan is based on conditions of the structural elements that were readily observed at the time of the site visit. No invasive testing or observations were performed. No action of any character arising from or related to this contract, or the performance thereof, shall be commenced by Customer more than one year after completion or cessation of work under this contract.
CHANGES IN CONTRACTED WORK / CONCEALED CONDITIONS: Conditions may appear that were not visible when the proposal was submitted. The scope of work may change, and additional work may be required. If these changes in the scope of work involve extra costs, they will be executed only if authorized by the homeowner, in writing.
STRUCTURAL WORK: For structural work, Liftech recommends that a permit be obtained through the proper Municipality/City for each project. If the homeowner opts not to include the permit, they are responsible for any costs which arise as a result of the omission. If the permit is not spelled out in the proposal it must be brought to Liftech’s attention, that the Customer is requesting a permit to be obtained.
LIMITED WARRANTY: For the applicable time periods indicated, this warranty is transferable at a $130.00 charge to future owners of the structure o 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. Liftech warrants that all work performed by Liftech and its subcontractors shall be done in a good and workmanlike manner in accordance with accepted trade practices in the industry. Liftech offers a LIFETIME warranty on the contracted structural work performed. Said warranty on Non Structural work shall extend for 1 year, however, does not warranty resulting damage due to unknown factors such as; hidden structural deficiencies, changes to the water content below the structure and weakening of the structure over time. Liftech supplier of structural materials ( CHANCE ) also provides a 30 year warranty on its products. In no event shall you be entitled to consequential damages regardless of whether the claim is based on warranty, contract, tort or otherwise. On all warranties Liftech will correct the problem at our expense or refund the full amount of money paid to us for the part or parts that fail.
WARRANTY TRANSFERABLE TO SUBSEQUENT OWNER: The new owner must request in writing, no more than 30 days after closing. Liftech will charge a $130.00 transfer fee. A warranty with the new owner’s names will be issued. Failure to comply with these requirements within 30 days will void all warranties.
PAYMENT: Liftech Corporation requires a 35% deposit for the work to be scheduled. The remaining balance will be due immediately upon completion of the project as described in the above Scope of Work. Projects that extend over 5 business days of the project start date will be subject to weekly progress payments. Above estimate is based on a pile length of 25 feet on a per pile basis. An additional charge of $30.00 per foot will be billed for each foot over 25 feet on a per pile basis. In the event that payment is not received when due, all unpaid amounts shall bear interest at the rate of 18% per annum (1 1/2% per month). In the event that Liftech is required to engage the services of an attorney to collect any unpaid amount, it is agreed that in addition to any amount due Liftech, Liftech shall recover all of its attorney’s fees and costs of collections.
The Customer may pay with a credit card for all charges which include the deposit, progress payment(s) and or final payment plus a credit card processing fee of 2.9% of the chargeable amount. Final payment will be due upon completion of work. When final payment is received a closeout package will be sent within two weeks and will include the warranty, final engineer letter and building permit