Commercial Terms and Conditions

Additional Scope Specific Conditions

1. This proposal is valid for 30 days from the date issued.

2. Existing Surface Acceptance: The existing substrate will need to be fairly flat if Grinding and Polishing is required.

   Cementitious materials may be needed to flatten the existing surface. This will be an additional charge case by case.

3. Moisture Testing of The Existing Substrate: This is not included, but can be for an additional charge. This will ensure the existing slab does not have excess moisture levels coming through the slab and or if there is no moisture barrier

   between the slab and dirt. This is mainly required when pouring cementitious overlays/toppings.

4. Lighting: Lighting will be supplied by the general contractor if necessary work is performed at night or in dark areas. If

   lighting is not supplied and is required, Reconstructed Surfaces will charge for the setup of lighting to perform our work.

5. Water: A water supply is to be supplied by Contractor convenient to our location of work. Connection to the source is by

   the Contractor if a water meter is required. Hoses provided by the Subcontractor.

6. Lead Time: Typical lead time for scheduling installation is 2-4 weeks. It is the Contractor’s responsibility to contact

   Reconstructed Surfaces and obtain the current lead times and provide adequate notice to mobilize. The exact day of the

   install is to be confirmed one week in advance of the tentatively scheduled start date.

7. Heat/Conditioned Space: Contractor will provide as required for proper installation and curing of the materials. Some

   manufacturers require a temperature above 50 degrees F before, during, and after installation. For more info call a Reconstructed Surfaces representative. If this cannot be provided by the subcontractor with a product or system that requires it to be Heated, Reconstructed Surfaces will charge additional for the rental of the equipment and man-power to run this equipment.

8. Back Charges: The Contractor will notify Reconstructed Surfaces prior to authorizing work that would result in a back charge and allow a reasonable time for a subcontractor to perform the work.

9. Trash: Reconstructed Surfaces will dispose of materials into a dumpster provided by Contractor. Otherwise, a charge of $500 will be added to disposal of the materials by Reconstructed Surfaces.

10. Substrate Acceptance: Contractor guarantees and warrants that the substrate is suitable for installation. Reconstructed Surfaces will perform a basic visual inspection of the subfloor and will report to the Contractor any deficiencies found for correction. Reconstructed Surfaces will not knowingly install materials over a defective slab.

11. Repairs: Reconstructed Surfaces is not responsible for any damage to the installed work unless caused by Reconstructed Surfaces or due to improper workmanship or materials.

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Terms & Conditions of Sale

1. Covered items: Subcontractor shall furnish and install only those items specifically set forth is this agreement. Contractor at its sole cost shall furnish any accessory items, which are not set forth herein.

2. Subcontractor's limited warranties: Subcontractor warrants that the product will be installed pursuant to the manufacturer's suggested installation procedures and specifications. Subcontractor makes no warranties with respect to any defects in the product or specification itself so that Contractor's sole remedy in the event of a defective product is against the manufacturer of poured underlayment. Subcontractor makes no further warranties either of merchantability or fitness for any particular use, either express or implied, other than those explicitly set forth in this paragraph.

3. Duty of inspection: Contractor is required to inspect promptly after the installation of the product contemplated herein and immediately notify Subcontractor of any asserted defects which are covered under the Subcontractor's limited warranty set out above in paragraph 2. In particular, Contractor must notify Subcontractor of any defects prior to the installation of finish materials and allow the Subcontractor to correct the asserted defect. If the Contractor or any of his agents chooses to proceed prior to correction by the Subcontractor of the asserted defect, then the Subcontractor is held harmless against any claims arising there from.

4. Payment Terms (50% at booking, 50% at completion): Interest will be charged on all past due accounts at the rate of 2% per month (26.8% per annum) or the maximum legal rate, whichever is the lesser. Contractor agrees that there shall be no retainage of the purchase price for products purchased under this agreement, and further, that Subcontractor shall not be bound by the terms and conditions of any general contract or subcontract between Contractor and third parties. Upon full payment of the purchase price and if requested in writing by Contractor, Subcontractor shall furnish all necessary lien waivers or other documents required assuring the prevention of liens. Any payment by Contractor or receipt or acceptance by Subcontractor of a smaller amount than the purchase price herein stipulated shall not be deemed to be other than on the account of the Contractor, and shall not prejudice Subcontractor's right to recover the balance of such purchase price. Subcontractor reserves the right to cease work where there is a past due account.

5. Conflicting terms and entire agreement: To the extent any conflicting terms or conditions are embodied in the Contractor's purchase order, Contractor and Subcontractor hereby agree that the terms or conditions contained herein shall supersede any conflicting terms or conditions. This agreement embodies the entire agreement between Subcontractor and Contractor and any subsequent modification must be accepted by the Subcontractor in writing. This agreement shall be construed under the laws of the commonwealth of Pennsylvania.

6. Availability of product: Contractor shall have no right of action against Subcontractor for any claim, liability or damage resulting from Subcontractor's refusal to perform under the terms of this contract where such refusal is based on one of the following factors. Unavailability of product from manufacturer through no fault of Subcontractor; termination by manufacturer of contract with Subcontractor through no fault of Subcontractor; and acts of god and other forces of nature which render performance impossible.

7. Liquidated damages: In the event that the Contractor shall attempt to assess any liquidated damages claims against Subcontractor, these claims shall be limited to the lesser of the contract amount or $100 per day of delay attributable to this Subcontractor.

8. Retention: Any allowed retention of payments will be due and payable within 30 days from completion of the work covered herein. The maximum amount of allowed retention is 10 percent.

9. Paid when paid: Payments under the terms of this contract are not dependent on the contractor’s receipt of payment by a third party unless said third party is a signatory to this contract.

10. 10. Indemnity: Indemnity provided under this contract is provided only for those items contracted within this contract and shall only apply to the period of time of the warranty in the case of material and workmanship related claims for indemnity. Reconstructed Surfaces must be a party to the defense of any claims made against any of the indemnified parties; otherwise, the indemnified party waives any right for recovery under the indemnification provisions herein. In no case shall this indemnity provision be applicable to any causes or claims for which the subcontractor has not received written notification of the claim within five years after the substantial completion of the work contracted. Reconstructed Surfaces shall only provide indemnity to the extent that its acts or omissions contributed to the loss.

11. 11. Legal Fees: If legal action is required for enforcement of any of the terms of this contract, the prevailing party shall be entitled to recovery of reasonable attorney fees and court costs from the defaulting party.

12. 12. Lien Releases: Lien releases will not be signed prior to payment. Conditional lien waivers subject to payment may be provided.

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