IB PAVING
& PARKING LOT SPECIALIST INC.
1) IB PAVING AND PARKING LOT SPECIALIST, INC. shall not be responsible for the following:
a) Any permits, licenses, fees, etc. unless provided in contract.
b) Any pavement sinking or settling resulting from failure or settling of sub-grade from water erosion, improper compaction or other causes beyond control of IB PAVING AND PARKING LOT SPECIALIST, INC.
c) Any reflective cracking or water drainage problems from any new asphalt patching overlays due to preexisting pavement conditions, including but not limited to poor or unstable base conditions improper grades, or underlying water problem, etc.
d) IB PAVING AND PARKING LOT SPECIALIST, INC. will not be held responsible for drainage at designed or existing fall of less than 1% on concrete or 2% on asphalt.
e) IB PAVING AND PARKING LOT SPECIALIST, INC. will not be held responsible for damage to rock or sub-grade caused by water infiltration.
f) The guarantee of any seal materials adhering to oil saturated sports or other substances that cause the seal not to bind properly to the asphalt. Normal cleaning procedures do not include the removal of oil.
g) Any damages or tire marks resulting to seal or asphalt of barricades are removed, avoided or taken down prior to the time(s) stipulated.
h) Any damages to cars, concrete, shoes, cloths, carports, or other thing as a result of going onto the asphalt prematurely.
i) Any damaged that in not direct result of negligence or willful misconduct or IB PAVING AND PARKING LOT SPECIALIST, INC.
j) Any crack filling with crack sealant or asphalt or crack sealer, as it will settle and re-crack even though it is properly applied. After the cracks have been sealed, they will still show through any seal coating.
k) Any damages to underground utilities.
2) IB PAVING AND PARKING LOT SPECIALIST, INC. has NO warranty on any type of asphalt patching.
3) IB PAVING AND PARKING LOT SPECIALIST, INC. has NO warranty on any type crack sealing or crack patching.
4) IB PAVING AND PARKING LOT SPECIALIST, INC. has NO warranty on any type of seal coating.
5) All deliveries of material, supplies, or equipment over roadways of the drives of the premises shall not incur liability to company.
6) The client shall be responsible for repairing any private utility lines damaged by IB PAVING AND PARKING LOT SPECIALIST, INC. during the course of this project which were un-marked, un-documented or nonconforming to prevailing codes. IB PAVING AND PARKING LOT SPECIALIST, INC. shall be responsible for repairing utilities in situations where IB PAVING AND PARKING LOT SPECIALIST, INC. damaged marked, conforming private utility lines, IB PAVING AND PARKING LOT SPECIALIST, INC. shall not be held liable for additional costs associated with utility interruption regardless of whether the lines were marked and or documented properly or not. The costumer is responsible to call the utility company.
7) Buyers agree to pay all the courts costs and reasonable attorney’s fees in the event this contract is turned over to an attorney for enforcement on collection, and IB PAVING AND PARKING LOT SPECIALIST, INC. is the prevailing party.
8) Any invoice not paid upon completion will be subject to interest of 5% per month. An invoice is considered paid when IB PAVING AND PARKING LOT SPECIALIST, INC. has payment in their possession.
9) All landscaping water must be off (24) hours prior to commencement of work, and must remain off for (48) hours after completion of work to allow for curing of materials. All areas where work was performed must remain closed to foot and vehicular traffic for a minimum of (24) hours after completion of work.
10) It is the owner’s responsibility to notify any tenants or other interested parties at least (24) hours before the start of the project. If it is necessary for buyers to reschedule the job, she/he must notify IB PAVING AND PARKING LOT SPECIALIST, INC. in writing at least (48) hours in advanced. If notice is not given in time, then a “move-in” fee will be charged for all preparations made.
Quote #: 10536 Date: 04/29/20
11) IB PAVING AND PARKING LOT SPECIALIST, INC. shall not be responsible for any steering or scuff marks on the new asphalt or new seal. This is a normal occurrence, especially in hot weather and usually blends back in and mend themselves in about 30 days.
12) IB PAVING AND PARKING LOT SPECIALIST, INC. will not be responsible for contaminated soil under existing asphalt (vegetation, tree roots, etc.)
13) The owner or agent shall hold harmless IB PAVING INC AND PARKING LOT SPECIALIST, INC. from any claims whatsoever involving the property upon which work is to be performed, including property damage, bodily injury or death, or any other occurrence other than resulting from the sole negligence or willful misconduct of IB PAVING AND PARKING LOT SPECIALIST, INC.
14) IB Paving AND PARKING LOT SPECIALIST, INC. will not be responsible for any A.D.A regulations (slope levels, signs, etc.) for the property unless it is specified under the contract.
15) Bid based on using recycled aggregate base that meets both Greenbook CMB and Caltrans Class II specifications unless specified on contract.
16) IB PAVING AND PARKING LOT SPECIALIST, INC will remove vegetation only where work is to be completed.
17) Costumer consents to IB PAVING AND PARKING LOT SPECIALIST, INC using images and videos of the jobsite as described in proposal or any work order, for use in IB PAVING AND PARKING LOT SPECIALIST, INC. promotional, marketing and training materials.
18) IB PAVING AND PARKING LOT SPECIALIST, INC. shall have right to use name, logos, trademarks, trade names, service marks or other marks of customer to the extent of any of the foregoing appear in photographs, images and videos of the jobsite.
19) The price(s) quoted herein is contingent upon the work area being free of any obstruction (vehicles, dumpsters, etc.) at the scheduled project start date and time. IB PAVING AND PARKING LOT SPECIALIST, INC. reserves the right to adjust the agreed upon project price if the job conditions prevent IB PAVING AND PARKING LOT SPECIALIST, INC. work crew from starting on time and proceeding without interruption.
20) The proposed price is contingent on the existing subsoil or base being adequate to support the pavement work. IB PAVING AND PARKING LOT SPECIALIST, INC. shall not be held liable for failure due to poor subgrade, moisture or other unforeseen circumstances such as underground water springs, contaminated soil, etc. If failure does occur, IB PAVING AND PARKING LOT SPECIALIST, INC. will notify agent or owner for inspection.
21) The owner or agent understands that the work called for in this agreement is a messy process. The parties agree that IB PAVING AND PARKING LOT SPECIALIST, INC. is not responsible for cleaning, repairing, or replacing any concrete, carpet, floor, passageway, etc., that is soiled or stained by anyone other than IB PAVING AND PARKING LOT SPECIALIST, INC. employees.
22) In any asphalt phase, if IB PAVING AND PARKING LOT SPECIALIST, INC has to grind and/or saw cut deeper than what is specified under the contract, there will be an additional charge for materials & labor.
23) For any reason if IB PAVING AND PARKING LOT SPECIALIST, INC. has to go above or more than the thickness of asphalt specified in the contract, then there will be an additional charge for materials & labor.
24) IB PAVING AND PARKING LOT SPECIALIST, INC. requires that the PRICING, EXCLUSIONS & GENERAL TERMS AND CONDITIONS of this proposal be included in any subcontract or purchase order agreement (Contract) and estimate GENERAL TERMS & CONDTIONS take precedence over any conflicting terms.