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    Parking Lots Plus(479) 547-1111

    Terms & Conditions

    The terms that govern proposals, work, and payment with NWA Parking Lots Plus, LLC.

    General Conditions

    This proposal shall remain valid for 30 days from the estimate date listed on the first page. Once executed by you (the "Customer"), a binding agreement shall be entered into by Customer and NWA Parking Lots Plus, LLC. However, NWA Parking Lots Plus, LLC shall bear no liability for cancellation of the contract or delay of performance from causes beyond NWA Parking Lots Plus, LLC's control, including acts of God, labor disturbances, war, shortages, and acts of government.

    This proposal does NOT include any recommendations for engineering or drainage-related corrections, bonds or permits which are the sole responsibility of the customer OR property owner. Changes in the specifications, quantities, schedule or other aspects of the services including alligator fill/crack sealing etc., may result in additional or increased charges. NWA Parking Lots Plus, LLC will provide additional charges and will not resume work until agreed by you. NWA Parking Lots Plus reserves the right to cancel at any time prior to work beginning.

    The Customer shall have one authorized representative, who shall have the authority to accept work performed, authorize and sign for any additions or changes desired, and will be available for consultation with NWA Parking Lots Plus, LLC's representative. If the authorized representative is different from the individual who signs the proposal on behalf of the Customer, then the Customer shall provide prompt notice to NWA Parking Lots Plus, LLC of who the representative shall be.

    All surfaces to which material is to be applied or repaired shall be in similar condition compared to time the project was bid. Customer shall notify NWA Parking Lots Plus, LLC in advance when the site will be ready for the work to be performed and shall give free and unobstructed access so that the work to be performed hereunder can be started promptly, and that once begun, may be completed without delay. Customer agrees to pay NWA Parking Lots Plus, LLC its reasonable charges for delays caused by Customer. Towing of vehicles, if necessary, shall be the responsibility of the Customer and if handled by NWA Parking Lots Plus, LLC, additional towing fees will be added to payment by customer.

    Traffic control will be provided by NWA Parking Lots Plus, LLC, unless otherwise specified. It shall become the responsibility of the customer to maintain barricades and/or closures if required after NWA Parking Lots Plus, LLC's personnel leave the work site location.

    A water supply source, electric outlet, and trash dumpster shall be furnished by Customer for NWA Parking Lots Plus, LLC to use on this project and the Customer will allow NWA Parking Lots Plus, LLC to immediately clean the striping machine and sealcoat machine after use.

    NWA Parking Lots Plus, LLC does not assume responsibility for any utility lines such as electric, water, sprinkler, etc., which may lie within eighteen inches (18") of the surface. Layouts of locations must be furnished to NWA Parking Lots Plus, LLC if such lines are known to exist. Failure to furnish information in this regard will cause customer to carry responsibility in case of any damage and repairs to such lines.

    Customer grants permission for NWA Parking Lots Plus, LLC to create photos or videos of the site for use in promotion of its business and services.

    Furthermore, Customer agrees that:

    1. NWA Parking Lots Plus, LLC will carry workman's compensation insurance covering its employees and shall provide liability and property damage insurance.
    2. Any changes from the specifications or modifications of the terms of this contract shall be set out in writing and signed by both parties.
    3. This proposal expires in 30 days from the date hereof but may be accepted at a later date at the sole option of NWA Parking Lots Plus, LLC. This is due to the volatile pricing of fuel, supplies, materials, and labor.
    4. By accepting this proposal, Owner agrees to indemnify and to hold NWA Parking Lots Plus, LLC harmless from all claims, including its reasonable attorneys' fee incurred in defending any claim, resulting from damages to any irrigation line, private electrical line, utility line, or sub structure not identified or clearly marked.
    5. NWA Parking Lots Plus, LLC shall not be responsible for any damage to or deterioration of any of our work, whether completed or in process, resulting from any cause or causes beyond our control, but not limited to failure of subgrade, including soil volume changes, or failure of inadequacy of any labor or materials not furnished and installed by us, whether or not such failure or inadequacy was or could have been known at the time our work was undertaken. Additionally, NWA Parking Lots Plus, LLC is not liable for damages or losses resulting from weather-related issues. Nor is NWA Parking Lots Plus, LLC responsible for vehicles, people, or animals driving or walking through wet sealcoat. NWA Parking Lots Plus, LLC can only provide a "best guess" on when the sealcoat and paint will be completely dry and it is solely up to the Customer to decide when to open the parking lot back up to cars and people. Customer is solely responsible for any damage that is done or caused by prematurely allowing traffic on the parking lot.
    6. NWA Parking Lots Plus, LLC is not responsible for loose animals (wild or domesticated) pets or non-pets causing damage to work performed or damage to surrounding property or properties.
    7. NWA Parking Lots Plus, LLC will use traffic cones and/or caution tape to section off the areas being worked on. However, we are not responsible at any time for people, animals, objects, or vehicles who walk, drive, or otherwise cross into the work area and cause damage to themselves, the property, or our work and additional charges will be added to fix any damages caused. Additionally, NWA Parking Lots Plus, LLC is not responsible for the previous application of sealcoat delaminating.
    8. NWA Parking Lots Plus, LLC is not responsible for damages to our worksite, bodily injury, or automobile caused by barricades that have been moved by a third party to gain access to closed worksite.
    9. If emergency services (Ambulance, Police, Medical Helicopter, Fire Department) must gain access to our worksite for an emergency, we will immediately let them in to take care of the emergency. Any damages as a result of giving access to emergency services will be repaired at an additional charge to Customer.
    10. NWA Parking Lots Plus, LLC is not responsible for damage caused by condensation or moisture dripping off of structure, created by nature or man-made, such as air conditioners, gutters, car washes, mop bucket water, or ambient temperature creating condensation damage to worksite or surrounding property.
    11. Onsite sprinkler systems or sprinkler systems of surrounding properties need to be shut off, on and around worksite if the positive drainage for the sprinkler system drains on or thru the work site. Water from surrounding sprinkler systems can cause damage directly and by draining across worksite to get to drain. NWA Parking Lots Plus, LLC will not be held responsible for damage caused by sprinkler systems. This includes water draining from surrounding properties, broken sprinkler lines, failure to turn them off, and sprinkler system (timer) failure.
    12. Cars must be moved out of scheduled work zone by 8am. All cars left in the work zone after 8am shall be towed. If work zone is not ready for us to start by 8:01am, an additional change order will be enforced charging the owner for an hourly rate of $200 until all the cars are moved and the work zone is ready to be prepped. It is beneficial to make sure that all tenants know job scheduling and phasing by whatever channels are necessary to advise them what times and dates their section will be closed off (this is the responsibility of the Customer and not NWA Parking Lots Plus, LLC). We are not responsible for costs accrued by delay of events for tenants due to work being scheduled and worksite being closed to traffic at scheduled maintenance time. This includes any type of deliveries, cancellations of parties or meetings, or costs due to scheduling conflicts with other contractors.
    13. If new tenants/homeowners are scheduled to be moving in or out, please make sure that the scheduled work is not being performed during this time. We know that they may have deadlines to move in or out, but we will not be responsible for extra cost due to not being able to get in and out of closed worksite.
    14. NWA Parking Lots Plus, LLC shall not be held responsible for acts of God, Acts of War, or ground water. Ground water from natural causes or from broken water lines sometimes causes issues making it hard to complete sections affected. This also includes non-visible fertilizers, salt, minerals, chemicals, detergents, lawn chemicals, mold, algae, or any other visually non-detectable substance on the asphalt that breaks the bond of the materials we use.
    15. In the event all work under this contract is not completed in one operation, NWA Parking Lots Plus, LLC shall be paid in full for all items of work completed upon the completion thereof. Any work under this contract for which NWA Parking Lots Plus, LLC has not received a "work order" calling for completion within one year from the date of this agreement will be subject to renegotiations of prices, or cancellations at NWA Parking Lots Plus, LLC's option.
    16. Customer agrees to notify NWA Parking Lots Plus, LLC at least forty-eight hours prior to the scheduled time for commencement of the work if the work cannot be commenced at the scheduled time or if the agreed upon work schedule window (the days the parking lot will be available) has changed. In the event of failure of Customer to provide said notification, Customer agrees to pay a $500 reschedule fee. Notwithstanding said payments, the "proposal" shall remain in full effect and the above damages shall be paid within five (5) days from the date incurred and shall be in addition to the payments due under the "proposal."
    17. In regards to sealing cracks over ½" with melted rubber: Please note that we are sealing these cracks, not necessarily filling them completely. Depending on the depth of the crack the melted rubber will at times settle but the crack will be sealed. This is all we are trying to achieve. Additionally, we make every attempt, while on site, to seal all large cracks in the asphalt over 1/2 inch but we do not remobilize if a crack is missed. As noted in the quote, we are including a specific amount (lbs.) of rubber based on estimations done on the initial site visit. The size (depth and width) of unsealed cracks continues to grow and at times our estimate of how many lbs. we will need might not be enough; if time allows and you approve of the additional fees we can buy more rubber to continue sealing cracks. However, we are not able to guarantee that this will be an option. We are happy to return with additional rubber at a later date but that would require an additional quote/mobilization fee.

    Terms

    In addition to the terms and conditions listed in this proposal, Customer agrees to pay a service charge of 2% per month on all accounts that are more than five (5) days past due. Customer also agrees to pay all reasonable attorney and/or collection fees that may be incurred. Customer agrees that if a check, money order, or other instrument submitted as payment is marked as "Paid in Full" or with similar language, NWA Parking Lots Plus, LLC may accept the payment, and Customer will remain obligated to pay any further amount contractually owed to NWA Parking Lots Plus, LLC.

    Taxes are computed for the locality in which the work is performed at the time the project is invoiced. Taxes can be waived, by law, only upon receipt of an exemption certificate that has been properly executed by the responsible party to this contract. Additionally, the price quote on page one does not include any fees or permits that are required by the City, County, or State; any charges associated with these will be added onto the price of the job.

    Warranty

    NWA Parking Lots Plus, LLC hereby expressly disclaims any warranties or guarantees, express or implied, including any warranty as to merchantability or fitness for any purpose, for any products sold or work performed, unless the same is specifically set forth in contract of purchase or acknowledgment of order, but in such case such warranty or guarantee is limited as above provided.

    Notwithstanding the foregoing, the work proposed herein is covered by a one-year warranty on some workmanship, excepting and excluding normal wear and tear, weather damage, accidental damage, abuse, neglect, and acts of God. Any warranty work performed by NWA Parking Lots Plus, LLC and methods of performance shall be at the sole discretion of NWA Parking Lots Plus, LLC. No warranty is offered for the application of paint (Re-striping) over existing lines, curbs, symbols, letters, and numbers that have been painted previously. Finally, NWA Parking Lots Plus, LLC is not responsible for any defective or non-conforming products used in its work.

    Disputes

    All proposals are accepted in Fort Smith, Arkansas, and all transactions shall be governed by the laws of Arkansas. Customer and NWA Parking Lots Plus, LLC irrevocably and unconditionally submit to the exclusive jurisdiction of Sebastian County Circuit Court in the State of Arkansas (and if jurisdiction in the Sebastian County Circuit Court shall be unavailable, the federal courts of the U.S. sitting in the State of Arkansas), and any appellate court from any thereof, in any judicial proceeding brought against any of the parties in connection with any dispute arising out of this contract. The parties acknowledge that they are hereby voluntarily and knowingly relinquishing and waiving any rights they may have to establishing venue in any other county.

    If Customer objects to any portion of the work, Customer will so notify NWA Parking Lots Plus, LLC in writing within seven (7) calendar days of performance of work, identifying the cause of the disagreement, and pay when due, that portion of the invoice not in dispute. The parties will promptly make every reasonable effort to settle the disputed portion of the invoice.

    This Agreement shall be in accordance with and governed by the laws of the state of Arkansas. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court may enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable.

    Terms of Payment

    50% deposit required upon approval of jobs for proposals $10,000.00 and higher, with the remaining balance due upon completion. Payment on jobs less than $10,000.00 are due upon completion.

    Credit card payments will be subject to a service fee. In any event, full payment shall be due within five (5) days of completion of the project. This proposal supersedes all previous quotations or proposals.

    Thank you for the opportunity to serve you!

    Contact Us

    If you have questions about these Terms, contact us:

    NWA Parking Lots Plus LLC
    Phone: (479) 547-1111
    Email: grace@nwaparkinglotsplus.com