Terms and Conditions
AGREEMENT TERMS - This proposal will not be binding upon the contractor or the property owner specified unless signed. Due to market volatility, this estimate is valid for 30 days. All estimates accepted after 30 days will be re-evaluated and could be subject to an increase.
Any alterations to the specifications or work to be completed will be done only with written orders and may incur additional charges above and beyond this estimate, unless stated in writing. Anthony’s Asphalt, LLC reserves the right to deny and/or reject a contract at any time for any reason.
Payments are to be made as written. At times we may require a deposit depending on the scope of work for your project. This may range from 10%-50% and will be specified on the estimate submitted. The funds required for deposit are nonrefundable once materials are ordered and work/installation begins. Work may be suspended without notice if payment is not received properly or returned. Final payment is due upon completion of your contract. Failure to pay your open balance within 7 days after installation could result in late fees. We accept cash, check, credit card (fee applies.) Please make checks payable to Anthony’s Asphalt, LLC.
We periodically take photographs of our work for reference of before and after conditions. We may also use these photographs to display our work in marketing materials and online. Please note that we do not display any personal information such as property address or other information. This does not constitute a definite use of your property in our marketing, only the release to do so.
SCHEDULING - It is our goal to schedule the described work at a time that is convenient for you as the property owner. Weather is an element that we cannot control. The need to reschedule work may happen; we try our best to apply asphalt materials around Mother Nature. We appreciate your patience and understanding that we will only complete a job when we feel fully confident. When rescheduling a job we try our best to work around inconveniences. Please understand that our schedule is usually very full with work and we do our best to accommodate every single customer. We greatly appreciate your flexibility in advance.
PREPARATION - To ensure the best possible maintenance result please read through these instructions carefully: Do not apply pelletized fertilizer on grass near driveway within one week of the scheduled maintenance as the fertilizer may greatly discolor the material. Turn off all sprinkler systems until 24 hours after sealcoat has been applied.
Failure to turn sprinklers off will result in a void of any warranty. Do not wash cars or water plants on the driveway in the 24 hours prior to the work scheduled. Please be sure that vehicles and all other items are removed from the driveway before we arrive.
Keep all animals secured.
If you plan to be away please make sure the driveway is clear of any obstacles before you leave to ensure that your job is completed when scheduled. If an object is difficult to move, assistance may be available.
AFTERCARE - The clock starts for the curing of the sealcoat once we have completed the job. Do not use driveway for a minimum of 24 hours after sealer is applied. After 24 hours have passed you may resume normal use of your driveway. Do not resume sprinklers for a full 24 hours after sealer is applied. Be aware that steering the wheel of a vehicle that is not moving may cause power steering marks. This is unavoidable as the liquid sealcoat cannot withstand the powerful force. To reduce this from happening, make sure your vehicle is moving before turning the wheel. You can find other tips for preventing damage and prolonging the life of your asphalt at www.anthonysasphalt.com.
PROPERTY CONDITIONS - Anthony’s Asphalt, LLC will not be responsible for damage to trees from the removal of roots prior to or during asphalt repair, nor shall Anthony’s Asphalt be responsible for removing damaged or destroyed trees that have damaged the asphalt surface.
Anthony’s Asphalt, LLC will not be responsible for removing hidden objects encountered during the performance of its work. Any underground hazards found while conducting asphalt removal will be billed at $300/hr.
We do our best to avoid cutting the conductivity of pet fences. In the event that your pet fence is cut, damaged or interrupted while we are servicing this contract, Anthony's Asphalt will not be responsible for any charges. We will gladly attempt to make the system work again at no charge but cannot be held liable for any cost that may be associated in restoring the systems function.
Cleaning and prepping of the asphalt surface is included in our estimates. A cleaning fee may result if the asphalt surface has accumulated debris and/or overgrowth of weeds or vegetation between the time of inspection and work performed. Excessive cleaning and/or edging needed to expose the asphalt surface may also result in additional labor and disposal charges.
It is not the responsibility of Anthony’s Asphalt, LLC to determine whether the property owner has legal right to maintain the property specified within this agreement. In the event it is determined that the work specified violates an ordinance, zoning regulations or other law, the signed party will remain obligated to pay for the work performed hereunder. (All materials stocked and applied are approved for use in every state in the nation.)
ESTIMATED QUANTITIES - The specified property owner acknowledges that quantities and area referred to in this agreement are approximate and were arrived at for estimating purposes only. In some cases the final invoice may increase where quantities differ from the original estimate.
All parties understand that if any part, term or provision of this agreement is held by a court to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of all parties shall be upheld and enforced as if the contract did not contain the particular part, term or provision held to be invalid.
ARBITRATION - Any controversy, claim or dispute arising out of, or relating to this agreement, or the breach thereof, shall be decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. In the event that arbitration becomes necessary, the arbitration shall be conducted by a single arbitrator.This quote is valid for the next 30 days, after which values may be subject to change.
PAVING - PROJECT TOTAL MAY CHANGE BASED ON OPTION PICKED
Price does not include permits, bonds, inspections, SESC, staking, prints, survey **Permits/municipality may determine what is needed and/or what can be done and may result in additional charges: Base/Additional stone needed at $45/ton | undercutting at $45/cyd | If poor subgrade found - additional charges will apply to correct If any existing pavement breaks during service due to normal procedures - customer responsible for replacement costs. If culvert install, reset, or replacement needed - additional charges will apply If drainage work found needed - additional charges will apply. Customer responsible for ALL irrigation, restoration, grass, landscape, plants, trees, garden, edging, siding, awning, decking, fencing, railing, brick, veneer, paver, paver reset Due to matching existing pavement/patching/overlaying - no guarantee/warranty against water shed, pitch, pooling, ponding, redirection, holding, bleed-through cracking, reflective cracking.
Landscape restoration not included unless specifically noted. Anthony’s Asphalt or sub is not responsible for damage to irrigation systems when not properly marked. Customer will be notified when work is to be performed. It is the customer's responsibility to make sure the irrigation systems are shut off as to not cause damage to the work performed.
Price does not include permits, bonds, inspections, SESC, staking, survey, prints.
Base stone needed at $45/ton | undercutting at $45/cyd | if poor subgrade found - additional charges will apply to correct.
If ANY existing pavement breaks during service - customer responsible for replacement and/or repair costs
If existing pavement found thicker than 4" - additional charges will apply.
If any unforeseen structures, objects, buried components, or voids found once cap removed - additional charges will apply -Customer responsible for ALL irrigation, restoration, grass, landscape, plants, trees, garden, edging, siding, awning, overhang, decking, fencing, siding, railing, posts, pillars, mailbox, brick, veneer, paver, paver reset.
PAYMENT TERMS 30% Down Payment, Balance Due Upon Completion 3% CHARGE FOR ALL CREDIT CARD TRANSACTIONS REMAINING BALANCE DUE UPON COMPLETION OF WORK DUE TO THE RISING COSTS IN MATERIALS ALL PROPOSALS ARE SUBJECT TO PRICE ADJUSTMENTS IF NOT SIGNED BY QUOTE EXPIRATION DATE. DUE TO EXTREME MARKET VOLATILITY AND PENDING U.S. GOVT. SECTION 232 TRADE CASES ALL PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE, ALL QUOTES TO BE CONFIRMED AT TIME OF ORDER. BEGINNING 2023, PRICING FOR ANY ASPHALT RELATED PROJECT WILL SEE INCREASES ANYWHERE FROM $10-$15 PER TON, PLEASE CONTACT YOUR SALES PERSON FOR ADDITIONAL INFORMATION.
WARRANTY COVERAGE: Work quoted in our proposals is covered by our standard warranty against defects in materials and workmanship for a period of 12 months (unless specified otherwise) subject to the terms and conditions contained herein. Due to the volatility of the crude oil market and the potential for geopolitical issues, prices quoted are valid for 30 days from issue date of the proposal, unless specified otherwise.
STANDARD TERMS - This contract shall be subject to the following general conditions and standard terms of the contract printed below. Anthony’s Asphalt, LLC or a subcontractor, will be referred to as “Contractor”. The owner, architect, client or Customer to whom this proposal/contract is addressed and authorized by will be referred to as “Customer”. A finance charge of 1-1.5% per month will be added to all past due accounts, an annum of 18%. Payment is due in full upon completion of work or upon invoicing of completed work. In addition, Customer shall pay all costs and attorney fees incurred by Anthony’s Asphalt in collecting any sums due.
NO ORAL AGREEMENTS - It is expressly understood that all terms, agreements, and conditions relating to this contract are only those expressed in writing herein, and that there are no oral representations, undertakings, terms, agreements or conditions of any kind. CHANGES: No changes or alterations in the specifications shall be allowed except in writing and at prices agreed upon at the time the changes are authorized.
EXTRA WORK - Any additional work requested beyond the specifications on the reverse side will be outlined in writing on a separate proposal form. Extra work performed on a time & material basis shall be signed for at the time the work is performed. The lack of a representative of the Customer does not relieve the Customer from payment obligation for the work billed.
ESTIMATED OR APPROXIMATE QUANTITIES - Quantities and areas in this proposal are approximate, arrived at for estimating purposes only. In addition, it is understood that payment is to be made on actual quantities of work completed and actual areas covered unless otherwise indicated.
PROPERTY LINES/STAKING - The Customer shall establish and designate property lines, limits, grade, and stakes and shall be obligated to pay for work performed as ordered in the event the property lines established and designated by Customer trespass on other property. Also, the Customer shall be responsible for any damages caused hereby to the owner of any property encroached on by work specified in this proposal.
DELAYS/TIME OF COMPLETION - Anthony’s Asphalt shall complete this work within a reasonable time, but shall not be held responsible for delays beyond the control of the contractor.
SUB GRADES - No material shall be placed on a wet, unstable or frozen sub-grade. A suitable sub-grade is a condition precedent to the requirement of performance of this contract.
MINIMUM GRADE - Contractor reserves the right to refuse to construct a pavement unless minimum grades of 1% are possible for surface drainage. If construction is performed with less than a minimum grade of 1%, it is understood that water ponding may occur and that there is no warranty attached to the work as to satisfactory surface drainage. Depressions over ¾” can be filled.
WATER DRAINAGE - Contractor will make water drain as best as possible. However, we make no guarantees against drainage of new or old pavement of any type when resurfacing and not replacing the project in its entirety. Skin patching is above the existing surface and Customer understands skin patching may hinder drainage or flow of water. PERMITS: Customers of the work shall obtain and pay for any and all permits, inspections or assessments if they are required, unless otherwise noted. Permits, if obtained by Contractor, will be billed with labor cost of $150.00 per hour plus costs of permits, bonds, inspects, etc.
TRAFFIC MANAGEMENT/CONTROL - If traffic management is needed - Customer is liable for any and all costs relating to traffic management/control.
ZONING REQUIREMENTS & REGULATIONS - Contractor assumes no responsibility for determining whether Customer has the legal right or authority to perform the work as specified. Notwithstanding that such work might be deemed to violate any ordinance, zoning regulation, or other law, the Customer shall, nevertheless, be obligated to pay for the work performed as ordered.
EXISTING AREA AND JOB SITE - Customer understands that Contractor is not responsible for any existing area, such as but not limited to, grass, asphalt/concrete pavement, or otherwise that may be damaged, disturbed, or otherwise from ingress or egress of the job site. Customer is responsible for all restoration and/or repair costs to existing area that may occur during service.
CONCRETE CRACKING - Contractor strives for precision in all of our work. Although there are things outside of our control like concrete cracking. With all concrete jobs we will input control joint(s) – this is to try and make the concrete crack where we want it to. Concrete will crack soon after it is poured and will most times, happen the same day. Even with control joints there is no way to guarantee that it will not crack in other places. Cracks that are 3/16” of one inch or less (in height or gap) are considered normal and are within industry standards and ARE NOT considered a warranty issue.
ASPHALT CRACKING - Asphalt, especially when a surface is “resurfaced” or “skin patched” will have at the least “reflective cracking”; Which is the reproduction of cracks that were covered by the resurfacing or patching. This type of cracking can happen relatively quickly, and they are normally larger than the original cracks covered up. This is normal and not considered a warranty issue. Asphalt cracking of something that has been completely removed and replaced may be a warranty issue and will be evaluated on a situational basis.
IRRIGATION - Contractor is not responsible for any irrigation systems or components. Customer understands that irrigation components or lines are normally buried very shallow and will be hit or damaged during service. Customer assumes all responsibility and cost of irrigation systems.
STOCKPILING MATERIALS - Customer shall be permitted to stockpile materials necessary to perform its work on the Customer’s property or adjacent to the site of the work at no cost.
HIDDEN OBJECTS - Contractor assumes no responsibility for removing, damaging, or inadvertently destroying hidden objects encountered during the performance of their work, nor the cost associated with same. It is explicitly the Customer's responsibility to inform Contractor of anything that cannot be seen prior to removal of any objects.
THICKNESS OF ASPHALT PAVEMENT - All descriptions of pavement in this proposal refer to average thickness. Variations in sub-grade and technical limitations may result in variations from the average. Contractor warrants that sufficient material will be used on the project as to result in the average thickness specified.
SOIL CONDITIONS - Contractor assumes no responsibility for any unusual soil conditions encountered that are not specifically referred to in this proposal. Also, Contractor assumes no responsibility for the excavation, removal or disposal of any contaminated soils encountered during any excavation for the Customer. The Customer will pay any extra cost for such conditions incurred by Contractor.
TREE ROOTS - Contractor shall not be responsible for any damage to trees occasioned by the removal of tree or tree roots in preparing the site.
UNDERGROUND STRUCTURES - It is the Customer’s responsibility to advise contractor of the existence and location of all underground structures such as sewers, water lines, gas lines, etc., which might be encountered by Contractor in the performance of its work. Contractor shall be deemed to have notice of the existence of only those structures specifically referred to in this proposal and of the location thereof as indicated in this proposal. If a condition develops in the performance of Contractor’s work where the identity or location of the underground structures varies from those specified herein, any extra cost incurred thereby in moving, protecting or covering same, or otherwise, shall be borne by the Customer.
COLD WEATHER CONDITIONS - Effective October 1st, jobs are subject to winter conditions (50 degrees or below). Roller marks and asphalt marks may be visible due to cold weather temperatures and are not considered a warranty issue.
STREET PRINT® - The sample card replicates as closely as possible the Street Bond Surface System. Natural pigments are used in the colorants, and as a result some color variation may occur. It is recommended that these colors be applied in an inconspicuous area of asphalt to verify color choice.
STAMPED CONCRETE - Color samples shown represent the color of the finished product as closely as possible when sealed with two coats of hard bright sealer. Variations occur due to differences in cement aggregate, water/cement ratio, weather, finishing and application methods.
NOTICE OF COMMENCEMENT - Notice of Commencement is requested per Sec. 570.1108a (1)(9)(10)(11) of the Michigan Construction Lien Act 497 of 1980, on any signed contract.
LIMITATION OF LIABILITY: IN RECOGNITION OF THE RELATIVE RISKS, REWARDS, AND BENEFITS OF THE PROJECT TO BOTH THE CUSTOMER AND CONTRACTOR, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CUSTOMER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR’S LIABILITY TO CUSTOMER FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, DAMAGES, OR CLAIMS EXPENSES ARISING OUT OF THIS AGREEMENT FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED THE VALUE OF THE FEE RECEIVED BY CONTRACTOR FOR THE SERVICES PROVIDED BY CONTRACTOR.
STANDARD TERMS OF CONTRACT - Customer shall not withhold payment to Contractor in the event of any dispute arising out of this contract. In the event of a dispute, Customer will deposit any unpaid balance due on this contract with a mutually agreed upon bank, which will act as an Escrow Agent until the dispute is resolved. Any dispute arising out of this contract that cannot be resolved between the Customer and Contractor shall be submitted to an arbitrator who shall be a registered engineer or architect selected by both parties. In the event the parties cannot agree upon such an arbitrator, the American Institute of Architects shall select the arbitrator and the arbitration proceedings shall be governed by their rules. The decision of the arbitrator shall be binding upon the parties and enforceable in a Circuit Court for the State of Michigan. The arbitrator shall be empowered to direct the Escrow Agent to disburse the funds held in escrow to the proper party and to direct such other relief as he determines necessary. The cost of the arbitration shall be borne equally by both parties. In the event of an anticipatory breach of this contract by Customer, Contractor shall be entitled to liquidated damages equal to 25% of the total contract amount. The Customer shall pay contractor all costs, including actual attorney's fees, incurred by contractor in enforcing this contract, including collection of any payment due herein. I have read all pages and agreed to these general conditions. The general conditions and prices and specifications associated with this contract are herby accepted. Anthony’s Asphalt, LLC or the subcontractor is authorized to perform this work.
SCHEDULING PAYMENT AND HOLD - Anthony’s Asphalt, LLC requires a 30% deposit on the total proposed amount with signatures on the proposal in order to be put in queue for scheduling of work and to begin work. Remaining balance for a residential Customer is due upon completion of the job. Commercial work terms will be specified between contractor rep and the Customer. Any exceptions to the above must have management approval. In the event deposit and proposal signatures are not both together and input, the job will not be considered for scheduling and the job will be put into the “hold queue” until necessary documents/payments have been collected from Customer.
CANCELLATION NOTICE REQUIREMENTS - Anthony’s Asphalt, LLC requires at least 24-hour notice prior to start of day job was scheduled. Failure to produce sufficient notification will result in a $25.00 service fee.
MEDIA RELEASE WAIVER - By signing this proposal you waive your right to have your property photographed or video recorded by Anthony’s Asphalt, LLC to be used in any way shape or form. This includes but may not be limited to social media, advertisement or educational purposes. Disclaimer of Union Benefit Plan Contribution Liability: Notwithstanding any term or provision on this quote or the bid package to the contrary, Anthony’s Asphalt, LLC shall not under any circumstances, agree to make any contributions to any of the operating engineers’ fringe benefit plans, including, without limitation, the operating engineers’ local 324 pension plan (“Plan”). If awarded this work, a condition to Anthony’s Asphalt accepting this award shall be that the contractor represent and agree that the subcontract/purchase order shall not require Anthony’s Asphalt to make any contributions to any of the operating engineers’ fringe benefit plans, including without limitation, to the plan.