Terms & Conditions

Terms & Conditions

This document is to inform all hiring parties, representatives, property  owners, property managers, etc. (“customer” or “customers” from heron), of the Terms and Conditions of Asphalt Repair Solutions, Inc (“ARS, Inc.” and/or “the company” from hereon). By agreeing to have ARS, Inc., either verbally, in writing, or other form of communication, perform any work, customers agree in whole to these Terms and Conditions.

Payment-

  • • Payment forms accepted include cash and check. Credit card is not an acceptable form of payment.
  • • Some projects may be subject to a down payment, of which the value will vary. These terms will be specifically discussed and agreed upon separately. Down payments must be received prior to mobilizing any equipment to the work site.
  • • The remaining balance is due upon the following schedule:
    • • Residential – Due upon completion of project.
    • • Commercial – NET30.
    • • Municipal/State/Federal – Project specific.
  • • Default in any payment, after due shall at the option of ARS, Inc. render the entire amount of the contract remaining unpaid at that time immediately due payable, together with costs of contract remaining unpaid at the time immediately due and payable, together with the costs of collection,including reasonable attorney fee. A 1.5% per month or 18% per annum service charge will be addedto any unpaid balance.
  • • If payment has not been received within 60 days of project completion, ARS, Inc. may exercise its right to attach a judgement lien to the customers property, through Connecticut’s Office of the Secretary of the State. ARS, Inc., at its discretion, may also pursue further legal action, which may include the additional cost of legal fees.

 

Damage-

  • • ARS, Inc. will perform all work in a workmanlike manner to avoid any damage, disruption, or inconvenience to the customer, but this cannot be guaranteed.
  • • ARS, Inc. is not responsible for damage to underground structures and installations, including but not limited to utilities, septic systems and leaching fields, dry wells, underdrains, etc., unless their existence and location are pointed out and marked out by the customer.
  • • ARS, Inc. is not responsible for damage to adjacent lawns, driveways, roadways, etc. during construction unless ample space for equipment operation and/or alternate access is provided by the customer.
  • • Should a customer have any claims of damage against ARS, Inc. it is the customer’s responsibility to provide a written notification to the company within 30 days. Acceptable forms of written communication include post-marked mail.

 

Warranty-

Asphalt Repair Solutions, Inc. has the confidence to stand by its work with a warranty on many of the services provided. Asphalt Repair Solutions, Inc. warrants and guarantees the quality of materials and workmanship for the stated period in each job type from the date of project completion. Any such area determined to fall within the warranty parameters will be repaired according to industry standards.

  • • Asphalt Paving- We offer a 2-year limited warranty for all reclaim and full depth asphalt replacement or installation. Warranty covers any defect in material resulting in asphalt failure and workmanship issues, which includes asphalt thickness, density of compaction, or seaming of the asphalt installation. The warranty also covers drainage failure only if there is 1⁄2” or more of standing water on a slope greater than 2%. Any drainage issues on an area of less than 2% slope will not be covered. Warranty Repair will be patched with appropriate materials in the affected area only and they will be visible. There is no warranty on pothole repair or asphalt repairs in parking lots with major cracking, settling, or other damage. Due to the demand for parking and traffic flow, it is hard to keep vehicles off a newly paved surface in a commercial parking lot. Therefore, we cannot warranty tire and/or scuff marks on newly paved commercial parking lots.
 
  • • Asphalt Patching- Asphalt patching of any kind is not covered by warranty. This includes permanent patching, temporary patching, scab patching, etc.
 
  • • Asphalt and Concrete Curbing- All newly installed asphalt curbing carries a 1-year limited warranty of materials and workmanship only if Asphalt Repair Solutions, Inc. installed the curbing and backfilled the curbing with appropriate materials. Backfill of curbing is not included in the standard curbing line item unless explicitly worded and is often an additional cost to the customer. All curbing repairs of any kind are not covered by warranty. Warranty Repairs will be patched with appropriate materials in the affected area only and will be visible. Damage caused by vehicles, plowing, construction of any sort, pedestrians, etc. will not be covered.
 
  • • Asphalt Maintenance- Sealcoating, crack sealing and line striping carries a 90-day limited warranty. Repairs to this work will be done by reapplying the appropriate material and may be visible. This warranty does not cover damage due to sprinkler systems left on during or after installation, tire marks, weather related damage (rain, wind, etc.), people or animals walking across uncured material, unauthorized vehicle traffic, fluid/oil spills, etc. Due to the demand for parking and traffic flow, it is hard to keep vehicles off a newly maintained surface in a commercial parking lot. Therefore, we cannot warranty tire marks on newly maintained commercial parking lots.
 
  • • Other Work- This includes any masonry, drainage systems, millings installation, etc. All work not specifically stated in the previous paragraphs carries a 6-month limited warranty unless otherwise specified in the contract.

All warranties subject to the following conditions:

All warranties do not cover damage caused by impact or exposure to/from any foreign substance orother mistreatment of paved surface such as but not limited to: motorcycle stands, dumpsters, jacks, kick stand, or similar instances. Oil, gas, or other chemical spills that damage asphalt are not covered under any warranty. Acts of nature that can cause damage to asphalt are not covered. This include but are not limited to: ground movement, drought or compaction of the earth’s soils, root systems of surrounding landscapes, oxidation through ultraviolet rays, ground water under pavement, or fill, utilities, underground pipe, etc. beneath the installed base. All warranties void if excavation or base work was completed by Others. Asphalt Repair Solutions, Inc. has the right to refuse or alter any warranty at time of bidding with disclosure on estimate, proposal, or written documentation. Accepting a formal estimate, bid, or proposal means that a customer has agreed to these terms.
 
It is expected that the customer exercises due diligence in the protection, maintenance, and upkeep before, during, and after the work done by Asphalt Repair Solutions, Inc. If an issue arises that may fall under the parameters of this warranty it is the property owner/managers responsibility to formally contact Asphalt Repair Solutions, Inc. with written documentation of the issue(s) and to ensure that the company is fully aware of the contact. Formal contact includes email with a response from a company representative or priority mail.

 

Contract Acceptance-

By signing the supplied estimate outlining the work accepted by the  customer and/or by accepting through other means of written communication (including email and text message), the customer accepts these terms and conditions in whole and signifies they wish to proceed with the project. 

This offer and subsequent Terms and Conditions are not binding to ARS, Inc. until signed by the Customer.

The customer, on behalf of himself as an individual as well as on behalf of any corporation, partnership, or association which the customer represents, in consideration of the extension of credit and/or the performance of work herein, does herby wave any and all rights to any hearing or other notice required for pre-judgement remedies by chapter 903A of the Connecticut General Statues in the event that litigation is instituted for the collection of any debt that may be incurred by the buyer or any corporation, partnership, or association that the undersigned individual represents. 

The customer may cancel this transaction, without any penalty or obligation, within three business days from the signed date. Upon cancellation of the transaction any payments already made will be refunded within 10 business days. 

After three business days, cancellation of this transaction may result in a cost to the customer and/or refunds of only a partial amount. This amount will be determined on a case-by-case basis but will be based on the total cost incurred by ARS, Inc., in tasks included but not limited to, the preparation of the customers estimate, internal and external company communications related to the project, permits and permit applications, purchase and delivery of materials, stored materials and equipment, etc. prior to the cancellation of the transaction. Administrative costs will be charged at a rate of no less than $125 p. hour.

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