Right on Construction, Inc. General Provisions:
Sealer is optional and is not included in price.
It is understood that Right on Construction, Inc. will not be responsible or be held liable for:
1. Cracks – Concrete foundations, slabs, walkways, driveways, sidewalks, approaches etc., can develop hairline cracks not affecting the structural integrity. There is no known method of elimination of this condition, which is caused by characteristics of expansion and contraction. It does not affect the strength of the concrete. It is concrete’s nature to crack. To control cracking as much as possible, RoC thoroughly compacts base rock, uses rebar and add expansion and control joints where needed
2. Plastic shrinkage cracks, cracks from freezing or thawing, crazes cracks, earth movement cracks, settlement cracks or cracks resulting from applications or placement of heavy loads.
3. Discoloration – Uniformity in the color of concrete may vary within the same pour or when repaired or replaced. With a hand-crafted product like stamped concrete, color charts are unreliable. There are many unknown variables with raw materials, such as cement color, mix water, sand and aggregates, for a color chart to be accurate.
Unless otherwise noted in approval attached, RoC has proposed your project for a single mobilization and installation that is final and complete once RoC crew leaves the jobsite.
Excavation: O/B will indicate the property lines and any known underground irrigation or utilities to RoC and will provide a survey if in doubt. Underground construction involves risk of damage to existing underground infrastructure in addition to the possibility of encountering unexpected subsoil conditions including, but not limited to, rock, clay, aquifers, archeological items, existing or abandoned construction elements and sink holes. Reasonable effort has been made to locate or predict said risk but no warranty is expressed or implied as to what will be discovered or encountered during construction. Proposal is an estimate only and is based on similar projects where adverse conditions were not encountered. Any such adverse conditions which arise during construction will require additional work which will be billed at time and materials above and in addition to the amount shown on this proposal. By accepting this proposal, customer agrees to these potential additional charges which may include work by others, when necessary, in the opinion of the contractor.
Sump Pump: Upon completion of sump pump installation, RoC will pour water into the sump pit to test that it is working properly. If it does, your installation and testing is complete. Please fill out the manufacturer warranty paperwork that came with the sump pump. A failed sump pump can lead to costly repairs for your home. Plan to replace your sump pump every seven to 10 years to ensure your home is adequately protected. Electrical power outages are the most common reason a sump pump stops running, but this can be avoided with a backup power source. Sump pumps need routine maintenance and testing to ensure they will continue to function properly. RoC suggests using a licensed plumber if any problems arise and for maintenance to ensure your pump works properly.
This Contract shall be construed in accordance with laws of the State of California. Right on Construction, Inc. reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions, at any time. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Right on Construction, Inc. Proposal/Contract Terms & Conditions
This Contract is made effective as of date indicated on the Proposal, by and between “Owner/Builder (O/B)” and Right on Construction, Inc. (RoC) of 732 Warrington Ave Redwood City CA 94062. Beginning on date indicated on the Proposal, RoC will provide to O/B the construction work as described unless otherwise noted. All work described at the address provided on page one shall hereinafter be referred to as the Work Site. RoC, Inc. shall meet its obligations under this contract in a timely and workmanlike manner, using knowledge and recommendations which meet generally acceptable standards in RoC local region.
Work Site. O/B authorizes RoC to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of RoC to complete construction services as specified in this Contract and any attachments incorporated herein.
Payment Schedule. No work will commence until the RoC has received written approval of the proposal/contract and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing or on the proposal). This ensures that the RoC is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is completed in ‘stages’, whereby a deposit will be required before proceeding to each new stage. Unless otherwise agreed in writing, the balance of payment will be due in full on project completion. RoC reserves the right to create payment schedule after the proposal/contract is signed, if mutually agreed by ROC & O/B. RoC shall have the right to stop work if payment is not received as agreed to.
Payment. Payment shall be made to Right on Construction, Inc. 732 Warrington Ave Redwood City CA 94062. O/B agrees to pay the full amount of the contract as follows: All sales are due upon receipt. Failure of Buyer to make timely payment will be considered a breach of contract. Late payments will be assessed an interest penalty, based on a rate of eighteen percent (18%) per annum. This equates to one- and one-half percent (1½%) per month for each full or partial month payment is overdue. RoC retains a security interest in the goods and services sold hereunder until paid in full. In the event Buyer is delinquent, RoC is entitled to seek all remedies. If an invoice becomes delinquent 90 days past the due date, RoC will place the invoice with a third-party collection agency. Buyer will be responsible for payment of collection fees, attorney fees and all other costs incurred in the collection of payment. In addition to the fees above, Buyer will also be responsible for RoC administrative costs as follows: 2% of the delinquent amount or $200.00 whichever is more. All claims for errors or shortages must be submitted in writing within 30 days from the date of invoice. In the event of a claim, all uncontested portions of the invoice are due and payable as described herein. Credit Card Payment is only available upon request, a 2.9% convenience fee of the total due will be added to your invoice for processing.
Change Orders Add/Delete Costs: All requests for additional work or changes to this contract will be priced by RoC and submitted for approval as a Change Order to this contract. No credit will be given for material ordered or components already installed.
Mathematical Errors: The proposal is based on information provided by the O/B. RoC has used its best effort to present an accurate proposal based on this information. Should the actual installation include inaccurate calculations by RoC or O/B, the actual invoice will reflect all the materials and labor required for the installation.
Waiver of Subrogation, Bonds and or Permits: Permits are the responsibility of the O/B unless otherwise indicated in the Contract. In the case that a Waiver of Subrogation, Bond and/or Permit is requested by the customer, general contractor, property owner and/or management, or any other customer agent or representative a 6% premium will be added for each to the total cost of the project. Actual Permit cost will be added in addition to the premium.
Default: The occurrence of any of the following shall constitute a material default under this Contract.
A. The failure to make a required payment when due.
B. The insolvency or bankruptcy of either party.
Severability: If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. Amendment: This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
Communications. All communication, and notices between RoC and O/B shall be done in writing using email. Email is considered the mechanism for official communication between parties. RoC & O/B have the right to expect that such communications will be received and read in a timely fashion or within 3 business days. Any Written, Verbal, facsimile, SMS/MMS communications, notices and/or agreements must be followed by an email acknowledging any such change to the scope of work and/or contract price. Email address changes must be communicated to either party within 7 days. Unless the context of this Agreement clearly requires otherwise, any notice or other communication required by this Agreement, regardless of whether the applicable subsection of this Agreement contemplates alternate delivery of such notice or communication, shall also be sent via email.
Waiver of Contractual Right: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
Work Performed by Others: Should the customer identify unfinished work or damages or soiling that is suspected to have been caused by RoC, O/B shall immediately notify RoC of said condition. RoC retains the right to perform an inspection of said condition prior to providing any remedy. RoC will rectify all such conditions which it is responsible in a timely fashion. RoC retains the right to remedy the condition using its own employees, agents, or subcontractors. Should the customer or his agents proceed to remedy the conditions using other contractor, or without providing RoC with proper notice and opportunity to remedy as outlined above, RoC will have no financial responsibility for reimbursing the customer or his agents for any expense related to the remedy. In no case shall ROC be obligated to share in pooled cost for repairing general damage that cannot be directly and clearly attributed to RoC’s work.
Samples, Drawings & Specifications. RoC shall not be under any obligation to verify the accuracy of any plans and/or specifications supplied by or on behalf of the O/B. The O/B shall be liable for any loss arising directly or indirectly from any error or inaccuracy on any plans or specifications.
Entire Agreement-Implementation Requirements: To accept a proposal, please sign, date and return one copy to RoC. This will specifically authorize RoC to proceed with the installation as specified in the proposal. It is Buyer’s responsibility to review the terms. Upon receipt of the above items, RoC will order all applicable materials and schedule the project. By signing, you are agreeing to the foregoing proposal and all Terms and Conditions provide herein and do hereby authorize RoC to proceed with the work. No work will commence until signed acceptance is received.
Binding Effect: This Agreement shall be binding upon and inure to the benefit of the Parties’ heirs, personal representatives, successors, and permitted assignees.
Mediation. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of the agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding.
MECHANIC’S LEIN: Under the MECHANIC’S LEIN LAW (California Civil Code, Section 3109 et seq.), any contractor, sub-contractor, laborer, supplier, or other person who helps to improve your property but is not paid for his work or supplies has a right to enforce a claim against your property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the sub-contractor, laborer, or supplier remains unpaid.