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TERMS AND CONDITIONS

By accepting this proposal, Owner agrees to be bound by the following terms and conditions: 

 

SCOPE OF WORK. Owner agrees to provide Contractor with required field utilities (electricity, toilets, drinking water, etc.) without charge. Contractor agrees to keep the job site clean of debris arising out of its own operations. Owner shall not back charge Contractor for any costs or expenses without Contractors written consent. 

 

 

Unless specifically noted in the statement of the scope of work or services undertaken by Contractor under this agreement, Contractor’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal, or disposal of environment Hazards or dangerous substances, to include but not be limited to asbestos or PCBs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Owner to change, modify, or alter the scope of work or services to be performed by Contractor shall not operate to compel Contractor to perform any work relating to Hazards without Contractor’s express written consent. 

 

 

INVOICING & PAYMENTS. Contractor may invoice Owner monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed on-site and off-site. Owner shall pay Contractor at the time Owner signs this agreement an advance payment equal to 50% of the contract price, which advance payment shall be credited against the final payment (but not any progress payment) due hereunder and Owner agrees to pay Contractor additional amounts invoiced upon receipt of the invoice. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If Contractor’s invoice is not paid within 30 days of its issuance, it is delinquent. If invoice is delinquent, contractor reserves the right to stop work until payments are made. 

 

 

MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of Contractor, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, Contractor shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefore. 

 

 

CRAFTSMANSHIP WARRANTY. Contractor warrants workmanship for one (1) year from installation. Contractor warrants that for equipment furnished and/or installed but not manufactured by Contractor, Contractor will extend the same warranty terms and conditions which Contractor receives from the manufacturer of said equipment. Owner shall be responsible to file all warranty claims. For equipment not manufactured by Contractor but installed by Contractor, if Owner provides written notice to Contractor for any such defect within thirty (30) days after the appearance or discovery of such defect within the 1 year warranty period, Contractor shall at its option, repair or replace the defective equipment. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. 

 

 

LIABILITY. Contractor shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement. 

 

 

TAXES. The price of this proposal includes all applicable taxes. 

 

 

DELAYS. Contractor shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond Contractor’s control, including, but not limited to, acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Owner, or other Contractors or delays caused by suppliers or subcontracts of Contractor, etc. 

 

ATTORNEY’S FEES. Owner agrees that they will pay and reimburse Contractor for any and all reasonable attorneys’ fees which are incurred by Contractor in the collection of amounts due and payable hereunder. 

 

 

INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorney’s fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent act or omission of the indemnifying Party. 

 

 

TERMINATION OR MODIFICATION. Accepted orders may by cancelled or modified by Owner only with Contractor's express written consent. If cancellation or modification is allowed, Owner agrees to pay to Contractor all expenses incurred and damage sustained by Contractor on account of such cancellation or modification, plus a reasonable profit. 

 

 

ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. 

 

 

CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Contractor unless accepted by Contractor in writing.

Bieser Construction
Ted Bieser
(414)-882-0256
bieserconstruction@gmail.com

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365 S Moorland Rd, Brookfield, WI 53005

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