Effective Date: 03/04/2024
These Terms and Conditions (the “Agreement”) set forth the legally binding terms governing the provision of services by The Asphalting Company (the “Contractor”) to any person or entity engaging its services (the “Client”). By accepting a quotation, signing a work order, or otherwise instructing the Contractor to proceed with services, the Client acknowledges and agrees to be bound by this Agreement in full.
The Contractor provides the following commercial and residential services, collectively referred to as the “Services”:
The precise nature, extent, and location of Services to be provided shall be outlined in the Contractor’s written proposal, quotation, or other agreed-upon documentation (collectively, the “Work Order”).
2.1. All quotations issued by the Contractor are valid for a period of thirty (30) calendar days unless otherwise stated in writing.
2.2. Quotations are based on information provided by the Client. Should any material changes in scope or conditions arise, the Contractor reserves the right to revise or withdraw the quotation.
2.3. A binding agreement shall arise only upon written acceptance of the quotation by the Client or commencement of Services by the Contractor following instruction.
3.1. Fees for Services shall be set forth in the Work Order. All amounts are exclusive of GST unless otherwise stated.
3.2. Unless otherwise agreed in writing, payment is due within fourteen (14) days of the invoice date.
3.3. Interest at a rate of 2% per calendar month (or the maximum rate permitted by applicable law, whichever is less) shall accrue on overdue balances.
3.4. The Contractor reserves the right to suspend or terminate Services for non-payment.
4.1. The Contractor shall use reasonable efforts to complete the Services in accordance with any agreed timelines; however, the Contractor shall not be liable for delays caused by adverse weather, site access issues, supply chain disruptions, acts of God, labor disputes, or other events beyond its control.
4.2. Any such delay shall not constitute a breach of contract, and the Contractor shall be entitled to a reasonable extension of time to complete the Services.
5.1. The Client shall provide the Contractor with safe and unimpeded access to the worksite at all times during the term of the engagement.
5.2. The Client is responsible for identifying and clearly marking the locations of all underground services and utilities prior to commencement.
5.3. The Contractor accepts no liability for damage to unidentified or inaccurately marked underground services.
5.4. The work area must be free of obstructions, vehicles, and other impediments on the scheduled work dates.
6.1. All Services shall be performed in accordance with industry standards and using materials of merchantable quality.
6.2. Minor aesthetic or textural variances inherent in paving, sealing, or marking processes shall not constitute a defect.
6.3. Unless explicitly included in the Work Order, no structural subgrade, drainage, or base preparation shall be the Contractor’s responsibility.
7.1. Asphalt Construction & Repairs - Surface longevity depends on traffic volume, subgrade conditions, and maintenance. The Contractor disclaims liability for failure due to subgrade issues unless explicitly addressed in the Work Order.
7.2. Crack Sealing - This is a preventative maintenance service intended to reduce water intrusion. It does not preclude future cracking. Minor overfill or aesthetic residue is typical.
7.3. Seal Coating - The Client agrees to restrict vehicle and foot traffic for no less than twenty-four (24) hours post-application. Seal coating is not a structural treatment; surface tire marks may occur and will fade over time.
7.4. Line Marking - Markings shall be applied in accordance with approved layouts. Fading is natural over time and is not considered a defect.
7.5. Curbing and Edging - Final finish and alignment may vary slightly due to site conditions. Color matching to existing surfaces is not guaranteed.
7.6. Bollards, Wheel Stops & Signage - Installations shall comply with applicable regulations where specified. The Client is responsible for all necessary consents, permits, and clearances unless expressly agreed otherwise.
8.1. The Contractor warrants that Services will be free from material defects in workmanship and materials for a period of twelve (12) months from the date of completion (the “Warranty Period”).
8.2. This warranty excludes:
8.3. Warranty claims must be submitted in writing within fourteen (14) days of discovery of the issue and must include photographic evidence. Remedial work, if deemed warranted, shall be scheduled at the Contractor’s reasonable discretion.
9.1. The Contractor’s aggregate liability under this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Client for the relevant Services.
9.2. Under no circumstances shall the Contractor be liable for indirect, incidental, special, or consequential damages, including loss of profit, revenue, or use.
The Client agrees to indemnify, defend, and hold harmless the Contractor and its officers, employees, agents, and subcontractors from and against all claims, losses, damages, liabilities, and expenses arising from:
11.1. Either party may terminate this Agreement by providing seven (7) days' written notice.
11.2. Upon termination, the Client shall pay for all Services rendered and materials ordered or delivered up to the effective termination date.
This Agreement shall be governed by and construed in accordance with the laws of the state or territory where the Services are performed. Any disputes shall be subject to the exclusive jurisdiction of the courts located therein.
This Agreement, together with any accepted quotation or Work Order, constitutes the entire agreement between the parties and supersedes all prior oral or written representations or understandings. No modification shall be binding unless in writing and signed by both parties.
The Asphalting Company reserves the right to amend these Terms and Conditions from time to time. Continued engagement following any such amendment shall constitute acceptance of the revised terms.
