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TRACKWAY CONCRETE, LLC
TERMS AND CONDITIONS FOR CONCRETE FLATWORK SERVICES
1.1. "Services" refers to the concrete flatwork services provided by Trackway Concrete, LLC ("we," "us," or "our") to the customer ("you" or "your").
1.2. "Project" refers to the specific concrete flatwork installation, repair, or replacement described in the quotation, proposal, or work order provided by us to you.
1.3. "Agreement" refers to these Terms and Conditions, together with the quotation, proposal, or work order.
2.1. We agree to perform the Services in accordance with the Agreement, and you agree to pay the price specified in the quotation, proposal, or work order.
2.2. Any changes or additions to the Services must be agreed upon in writing and may result in additional charges.
3.1. Payment terms will be specified in the quotation, proposal, or work order.
3.2. Any late payments will be subject to interest at the maximum rate allowed by law.
3.3. We reserve the right to suspend or terminate the Services if payment is not received in accordance with the payment terms.
4.1. We guarantee our workmanship for a period of one (1) year from the date of completion of the Project, subject to the limitations set forth in this Agreement.
4.2. This guarantee covers defects in materials and workmanship under normal use and conditions.
4.3. During the guarantee period, we will repair or replace, at our option, any defective materials or workmanship free of charge, provided that you notify us in writing of the defect within ten (10) days of discovery.
5.1. Our workmanship guarantee does not cover damage caused by extreme weather conditions, including but not limited to floods, earthquakes, hurricanes, tornadoes, extreme cold or extreme heat, or other acts of God.
5.2. Our guarantee does not cover normal wear and tear, misuse, abuse, neglect, or any alterations or modifications made by you or any third party.
5.3. Our guarantee does not cover damage caused by tree roots, ground movement, or other external factors beyond our control.
6.1. To the maximum extent permitted by law, our liability for any claim arising out of or in connection with the Services or this Agreement, whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the Services.
6.2. We shall not be liable for any indirect, consequential, or special damages, including but not limited to loss of profits, loss of business, or loss of goodwill.
7.1. We shall not be liable for any failure or delay in performing the Services due to circumstances beyond our reasonable control, including but not limited to acts of God, extreme weather conditions, labor disputes, or government regulations.
8.1. This Agreement shall be governed by and construed in accordance with the laws of Oklahoma.
8.2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Oklahoma.
9.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
10.1. This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior negotiations, discussions, and agreements, whether oral or written. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
11.1. We are an independent contractor, and nothing in this Agreement shall be construed to create an employer-employee, partnership, or joint venture relationship between the parties.
12.1. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We may assign or transfer any or all of our rights and obligations under this Agreement without restriction.
13.1. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given when personally delivered, when sent by email to the email address provided by the other party, or when sent by certified mail, return receipt requested, to the address provided by the other party.
14.1. EXCEPT FOR THE WORKMANSHIP GUARANTEE PROVIDED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
15.1. You agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your breach of this Agreement or any negligent or wrongful acts or omissions by you or any third party acting on your behalf.
By engaging our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
16.1. In the event of any dispute arising out of or in connection with this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations.
16.2. If the parties are unable to resolve the dispute through negotiations, either party may submit the dispute to mediation by a mutually agreed-upon mediator. The mediation shall be conducted in accordance with the rules and procedures of the State of Oklahoma.
16.3. If the dispute is not resolved through mediation, either party may submit the dispute to binding arbitration, to be conducted in accordance with the rules and procedures of the State of Oklahoma. The decision of the arbitrator shall be final and binding on both parties.
17.1. Both parties agree to maintain the confidentiality of any proprietary information, trade secrets, or other confidential information received from the other party during the performance of the Services, and shall not disclose or use such information for any purpose other than as necessary to perform the Services under this Agreement.
18.1. During the term of this Agreement and for a period of one (1) year following its termination, you agree not to solicit, hire, or engage any of our employees, agents, or subcontractors without our prior written consent.
19.1. Either party may terminate this Agreement upon written notice if the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice thereof.
19.2. Upon termination of this Agreement, you shall pay us for all Services performed up to the date of termination, plus any expenses incurred by us in connection with the performance of the Services.
20.1. The provisions of this Agreement that by their nature should survive termination or expiration of this Agreement, including, but not limited to, Sections 4 (Workmanship Guarantee), 5 (Limitations and Exclusions), 6 (Liability), 8 (Governing Law and Jurisdiction), 14 (Warranty Disclaimers), 15 (Indemnification), and 17 (Confidentiality), shall survive such termination or expiration.
These terms and conditions, together with the quotation, proposal, or work order, constitute the entire Agreement between you and Trackway Concrete, LLC for the provision of concrete flatwork services. By signing or otherwise accepting the quotation, proposal, or work order, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Trackway Concrete LLC
By (signature): ______________________________
Name: Nathan Groves
Title: Owner
Date: ____________________________
Customer
By (signature): ______________________________
Name:
Title:
Date: ____________________________
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