Terms and Conditions for Waterproofing Projects
The RESCON Basement Solutions (RBS) representative has fully explained the merits of this proposal and has outlined the scope of work and cost of service in this estimate. The pricing outlined by this proposal is valid for (30) days from the date of the proposal. RBS reserves the right to withdraw this proposal at any time during the customers review process. Upon customer acceptance, by signature, of this proposal both parties agree to the terms and conditions outlined below. All work will be completed in a workmanlike manner according to standard practices. Any alternation or deviation from the above outlined scope of work involving costs increases or decreases will be executed only upon written orders and will become added to the pricing outlined by this proposal. All agreements are contingent upon strikes, accidents or delays beyond the control of RBS. The property owner agrees to carry fire and other necessary insurances on the property during performance of the scope of work, including any additional work. RBS employees and subcontractors working on this project will be fully covered by Workmen’s Compensation Insurance. Property owner assumes all responsibility for damages due to breakage of any hidden fuel/utility service lines, though we will do our best to avoid such damage.
PUMPS: Primary AC pumps and DC back-up pumps are covered under a separate manufacturer’s warranty. Pump manufacturer warranty does not include labor. Customer will be responsible for applicable service fee’s (See WARRANTY & SERVICE CALLS). RBS is not responsible for pump failures and/or the associated damages of such failures. RBS will administer any actions necessary to honor manufacturer’s pump Warranty. Electrical outlets are NOT included unless specifically noted within the scope of work.
DRAINAGE SYTEMS: Subfloor drainage systems will only remedy the water problem in the areas installed. Basement floor cracks ARE covered under warranty if a full perimeter drainage system is installed. Basement floor cracks are NOT covered under warranty if a partial drainage system is installed. Additional costs may be applied if RBS is required to remove bedrock/ledge for the proper installation of any drainage system. RBS is not responsible for surface water that can get in through floor grates, windows or doors. Proper maintenance of floor grates, windows, doors, gutters, down spouts, window wells, etc… is the customer’s responsibility.
DISCHARGE PIPES: RBS is not responsible for the following; frozen discharge lines that do not have freeze protection. Failures related to the use of existing discharge lines or pumps provided by others. The volume of water coming from the discharge line or surface water on lawns or driveways related to the discharge. The location of discharge line is to be determined by the customer based on their knowledge of the property.
CRACK & PIPE PENETRATION INJECTION: Cracks and pipe must be dry at the time of repair.
WARRANTY & SERVICE CALLS: Warranties only cover the areas of the basement treated by RBS. All warranties are transferable without any fees. Warranty service calls will be performed during normal business hours (See “GENERAL NOTES”). Parties agree to submit any and all disputes to the BBB Arbitration Bureau. RBS is not responsible for content damaged due to flooding caused by pump failure, natural disasters, power outages or any other scenario where the flooding was not a direct result of improper workmanship by RBS. There will be no charge for service calls on issues covered under warranty. This does NOT include manufacturer warranties. Service calls which are not covered under warranty will be charged the standard service fees.
GENERAL NOTES: RBS normal business hours are from 8 a.m. to 5 p.m. Monday through Friday. RBS is not responsible for pump or drainage system failures related to the presence of Iron Bacteria (Oxide). RBS shall not be responsible for any mold, mildew or radon issues in the basement either before, during or after the installation. Customer is responsible for moving objects a minimum of 5 feet away from and back to the walls. Any work that is requested by the customer which is NOT outlined in the scope of work above will be performed at an additional charge. RBS specifically makes NO warranties either implied or in fact, regarding any matter concerning mold, mildew, condensation or radon. Oil lines, electrical wires, water/sprinkler lines and unforeseen pipes in floors and lawn are the sole responsibility of the customer. Dust should be expected from the work. Broom clean-up will be done at the end of the project. RBS will tarp if requested, but is not responsible for dust.
PAYMENT SCHEDULE: RBS requires a deposit of 20% of the total project value for scheduling work to be performed. At the start of the project RBS requires a start-up payment of 40% of the total project value. With final payment due of the total balance owed upon substantial completion of the project. All payments must be received prior to any warranties being issued or honored for work completed. All deposits are used to cover the cost for the materials and supplies required to complete your project. RBS may request progress payments be made for projects with a duration of more than 1 week.
Deposit – 20% | Start Up Payment – 40% | Final Payment Due Upon Substantial Completion
Missed payments will impact the project schedule and completion. RBS requires payment in full at the completion of the work being performed. Property owner shall be responsible for all costs of collection, including reasonable attorney fees. RBS reserves the right to file a mechanics lien against the property for non-payment.
PROJECT FINANCING: The customer is solely responsible for obtaining financing for the project within (3) days from the date of signing. RBS will offer financing options to assist the customer. This in no way obligates RBS to provide financing. If the customer fails to qualify or cannot obtain financing within the (3) days, the agreement will be cancelled, with all deposits being returned in full to customer. After (3) days, RBS can reduce the amount of the deposit refund to cover any expenditures for materials and labor related to the project.
PRODUCTS AND MATERIALS: RBS will use the products and materials outlined by this proposal. If the specified products and materials are not available, RBS will use similar products and materials suited for the scope of work. RBS is not responsible for any defects of these products and materials. Warranties associated with all products and materials are provided by the manufacturer. RBS is not responsible for any problems related to product and/or material defects. All products and materials on the project are the property of RBS until final payment is received and the customer has completed a project completion sign off sheet.
PERMITS: If permits have been included on this proposal RBS will submit plans and specifications to the building department to obtain the proper permits. The costs associated with these permits have been estimated and may increase/decrease based on the location of the work. Any changes in cost will be handled with a written change order.
LANDSCAPING: RBS does NOT include or offer finish landscaping services. All exterior work associated with this project will only include reestablishing rough grade. The customer understands they are responsible for any and all finish landscaping.
NOTICE OF CANCELLATION: The customer has (3) days from the date of this agreement to cancel without any penalties. Attempts to cancel after (3) days from the date of the agreement will result in a $350 charge associated with administrative costs incurred by RBS. Additional charges may apply to cover costs related to special order materials and customers who cancel within 72 business hours of scheduled project start date. Additional charges will be reviewed at the time of cancellation to determine the actual costs.
DEFAULT: Should the customer default on this agreement the customer is responsible for all attorney fees and collection charges associated with this agreement. Should RBS default on this agreement RBS’s liability shall be limited to the proposal price.
SUBCONTRACTORS: RBS is authorized to utilize subcontractors as required to perform the scope of work outlined by this proposal. Customer agrees that RBS can assign any of the work under this Agreement to a subcontractor without customers consent and that the person to whom RBS assigns this Agreement shall be entitled to all of same rights under this Agreement.
CHANGE ORDERS: All changes to the scope of work outlined by this proposal require written change order signed by both parties prior to the purchasing of any products or materials and/or the performance of any work associated with the change. All costs associated with the change will be the responsibility of the customer.
ENTIRE AGREEMENT: This Agreement and any accompanying documents or addendum represents the entire Agreement between the parties and there are no prior or contemporaneous oral or written agreements or representations on which either party is relying. This contract may not be changed or its terms modified or varied in any way unless such changes are in writing and signed by both parties.
The customer listed above hereby jointly and severally agrees to purchase the goods and/or service outlined by this proposal and in accordance with the prices and terms described within this document. Customer hereby requests, and Rescon Basement Solutions agrees to install or cause to be installed the products or services outlined by this proposal.
The customer signing this proposal FULLY UNDERSTANDS and AGREES to the work being completed, the payment terms for that work and the items that are not included. Rescon Basement Solutions is authorized to complete the scope of work outlined by this proposal. Final payment will be made to Rescon Basement Solutions at the time of completion. Verbal agreements will not be authorized. In the event that an item is not satisfactory at the time of completion, THE CUSTOMER WILL ONLY WITHHOLD THE RETAIL VALUE OF THAT ITEM. The remaining balance of this agreement will be paid in full at the time of completion. You may cancel this transaction any time prior to midnight of the third day after the date of this transaction. See the “notice of cancellation” section for an explanation of this right.