Terms and Conditions
STATEMENTS OF LIMITATIONS, STANDARD EXCLUSIONS, TERMS AND CONDITIONS
a. Any proposal may be withdrawn if it is not accepted within 60 days from the date of issuance.
b. Schedule: The proposal and its contents are valid for after- hours work, Monday – Friday, excluding federally observed holidays. Work that must be scheduled Saturday – Sunday may be subject to additional cost.
c. Obstacles: The movement of obstacles such as heavy furniture, furniture without wheels, area rugs, heavy planters or sculptures is not included in this proposal unless specifically stated.
d. Unless otherwise specified, “Protection” means protection of adjacent surfaces from splashes/spills and residues using plastic sheeting and non-marking tape.
e. Denial or delay of access to the work site may result in additional charges if it is deemed that SOLID Surface Care, Inc. is not responsible and took all reasonable precautions to have access granted on scheduled work days.
f. Consolidated Care Plans are preventative maintenance programs wherein frequencies and methodologies are determined using all available information at the time of proposal. However, it may, from time to time, be necessary to adjust a maintenance program by increasing or reducing frequency and/or changing/adjusting methodology in order to adapt to the special circumstances of a client’s facility including but not limited to: weather, materials, occupancy levels, foot-traffic, and access-limitations. Changes to maintenance programs will only be made upon written consent of the client.
g. Unless otherwise contractually agreed, payment is due within 30 days of the date of invoice when an invoice has been submitted in accordance with a signed or agreed-to proposal or service contract. Questions regarding payment terms, accepted methods of payment or invoices can be addressed to firstname.lastname@example.org
h. The client is responsible for issuing any purchase orders that may be necessary for SOLID® to receive payment, prior to services being scheduled.
i. Payments in advance – SOLID will determine if an advance payment is required for cost of materials or services in advance of project start. The client must agree to pay and SOLID must receive funds in connection with advanced payments before materials/services can be ordered/scheduled. SOLID will not be held responsible for any delay in project start or completion as a result of late advance payments.
2. Differing, concealed or unknown site conditions:
For the purpose of this contract, a hidden, concealed and unforeseeable condition shall mean a condition not readily observable without destructive testing to an experienced contractor or subcontractor inspecting the property for the purpose of estimating and performing the work specified within the contents of this contract. Any alterations or deviation from the above specifications or any hidden, concealed and unforeseeable conditions involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this contract.
If the conditions at the site are (a) subsurface or other physical conditions which are materially different from those indicated in the Contract Documents, or (b) unusual or unknown physical conditions which are materially different from conditions ordinarily encountered and generally recognized as inherent in work provided for in the contract documents, then prompt notice shall be given to all affected parties before the conditions are disturbed, but in no event later than seven (7) days after discovery. If appropriate, an equitable adjustment to the Contract Price and Contract Time shall be made by change order or separate proposal. If agreement cannot be reached by the parties, the party seeking an adjustment in the contract price or contract time may assert a claim in accordance with the contract documents. 2 The American Institute of Architects (AIA) Document A 201, which is also frequently incorporated into private construction contracts includes a clause similar to the federal and AGC clauses.
3. Prevailing Wages:
Unless written in this proposal or contractual document, The Client affirms that the above scope of work is not a public work as defined by the applicable labor code for the State in which service is to be performed and is therefore not subject to prevailing wage requirements. Should it later or at any time be determined, that this project is/was subject to prevailing wage requirements The Client shall defend and indemnify and hold harmless SOLID Surface Care, Inc., its directors, officers, and employees, and agents, stockholders, affiliates, subcontractors and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) arising from any such determination.
4. Stone Care, Stone Revitalization, Stone Restoration
a. Coatings: The removal of waxes, coatings or other sealers is not included in this proposal unless specifically stated.
b. Edgework: Due to the variations in “resin tooling” and equipment, edges that are completed as part of the scope of work may have a slight variation in color and sheen from the main field of the floor/surface.
c. Window-pane effect: Stone tiles that suffer from uneven installation are prone to window-pane effect if measures are not taken to flatten raised and lowered edges prior to honing and polishing. This effect is caused by elevated edges of tiles impeding the refinishing machinery’s ability to interact and hone the lower edge of the same or adjacent tiles with equal pressure. Window-paning can only be corrected through lippage-removal processes at additional cost.
d. Fixtures: The removal and replacement of permanent fixtures such as faucets, is not included in the proposal unless specifically written and remains the responsibility of the client to perform this action without impeding SOLID personnel in the timely performance of work.
e. Staining: Staining on or within a stone’s surface may not be removable through standard cleaning and polishing techniques. Such circumstances may require the use of a poultice or other specialized stain removal techniques. In accepting a proposal for performing these techniques, the client accepts that multiple applications may be necessary and no guarantee can be given for complete removal of a stain that has penetrated the surface.
5. Metal Care, Metal Revitalization, Metal Restoration, Elevators, Escalators, Use of HVLP, Electrostatic painting:
a. It is the responsibility of the client to ensure Fire Life Safety (FLS) Systems are impaired during any work that involves the use of metal refinishing machinery or aerosol applied lacquers/coatings. This includes FLS within an elevator shaft which is often independent of building systems.
b. The client agrees to provide an emergency contact who will be available at all times while work is being carried out.
c. The client agrees to furnish service keys to elevators/escalators in advance of service.
d. Restricting access: The client agrees to take appropriate measures and to assist in barricading, as best possible, the work area from employees, tenants and guests.
e. Dents: Indentations cannot be removed.
6. Textile/Carpet/Upholstery Care, Revitalization, Fiber Protection:
SOLID uses the most sophisticated chemistry available to clean carpet and textiles. Every effort is made to remove spots and residues on and within these surfaces during the cleaning processes. However, allowances must be made for materials that have been permanently damaged through UV fading, highly acidic or alkaline chemicals, solvents, rips, tears, burns, scraping, abrasion and general wear. SOLID does not use or condone the use of optical brighteners.
Sealers: Concrete Coatings, Tile & Grout, Resilient, Stone – Care, Revitalization or Restoration:
Warranties. Any warranties offered on sealers, wear layers, coatings will become null and void if it is determined by either party that the client or building custodial team have failed to adhere to the maintenance guidelines provided or if a third party has inadvertently or deliberately damaged the sealer/wear layer/coating through negligence.
7. Concrete Polishing: Polished Concrete Systems – Conditions of Installation:
Polished Concrete Systems are hand crafted onsite by trained applicators using a variety of techniques and artisan craftsmanship. They are not pre-manufactured flooring systems and therefore every system installation is unique and will present its own set of installation variables. Similar in effect to natural stone products, the final outcome of these systems is designed to and may give an assortment of colors, swirls, mottling effects, blemishes, and cracks natural to and desired when choosing these types of handcrafted systems. Our Decorative & Polished Concrete Surfaces are striking in appearance and add to the artistic features of modern sculptures, floors, walls, and accessories. SOLID’s polished concrete systems have the ability to create custom translucent color effects. These are not designed to hide surface discoloration, blemishes, impressions, cracks, markings or other construction variables.
If a sample/demo/mock-up has been provided the final installed product will use the same colors, finishes, materials, and application methods used in the approved sample provided. Variables that occur during installation are due to each unique working environment (i.e. lighting, temperature, airflow, humidity, and existing floor conditions). By entering into this agreement and choosing our Decorative & Polished Concrete System, the end user understands and is agreeing to accept the look and variables expected when choosing this type of system, and have taken the time to educate themselves on the artistic and unique impression that these systems portray.
The total system design must be considered to ensure safe, long lasting, and trouble-free performance. Function, material compatibility, adequate physical characteristics, and maintenance, are the responsibility of the Architect, Designer, General Contractor and ultimately the end user. It is the end user’s responsibility to determine the suitability of these systems for their particular application and their own use.
8.1 Slip and Fall Precautions:
SOLID and the Manufacturer of these Decorative & Polished Concrete Systems recommend the use of proper cleaning and maintenance as well as the use of proper cleaning products for polished concrete flooring systems. Immediate attention to areas that may be exposed to wet, oily or greasy conditions are highly recommended. These products are designed specifically for polished concrete, leaving a low residue build up to aid in a higher degree of slip resistance. Polished concrete surfaces can be slippery when improperly cleaned and maintained. The type of activity on the flooring surface, maintenance procedures, cleaning products, cleaning residue, and type of footwear may all be factors to consider when deciding on the degree of slip-resistance needed for a given area. SOLID or the product Manufacturer will not be responsible for injuries incurred in a slip and fall incident. It is the responsibility of the Owner/Buyer to provide for their own safety and to determine the suitability of these surfaces for their particular application.
8.2 Additional Requirements:
a. Schedule: Uninterrupted continuous days are needed to complete the work. No other trades will have access to the installation area during this time. Price is subject to change for night, weekend, and overtime hours unless previously specified and agreed to in writing. Overtime charges may be applicable.
b. Phases: Unless otherwise specified, pricing is based on one mobilization; unencumbered access to the worksite from start until completion.
c. Access/Parking: Owner/Buyer to provide unencumbered access to the job site and work area, and we will be allowed parking for the equipment trailer to within 15 ft. of the building.
d. Lighting: Proper lighting in the entire installation area must be provided. Suspended lighting above the installation surface is required. Temporary lighting must be of the same type and intensity as designed finish product.
e. Power: Sufficient electricity is to be provided within 50 ft. of the installation area. SOLID requires 240v/480v 3 phase electricity (50-amp service) for each floor grinder/polisher. If job site does not have the proper voltage, Owner/Buyer agrees to provide suitable generators for temporary power supply.
f. Environmentals: Proper environmental control must be provided. Owner/Buyer to provide clean water and permanent HVAC during installation. Temperature control must be maintained at or above 60 degrees F before and during installation.
Failure to provide proper lighting, electricity and/or environmental control may result in additional charges.
g. Protection: At no time shall the speed of the project completion be allowed to detrimentally affect the application or impede the system’s tolerances. Protection is always recommended for protection of the floor before and after installation. During and/or after completion, any damage to the installed system, not caused by SOLID employees, will result in additional charges for repairs. If the finished floors are not protected and damage results, additional charges for repair will be added as a change order to the original contract.
h. Substrate: Substrate must be structurally sound and in stable condition. SOLID will not be responsible for sub grade shifting, cracking, defects that may occur during freeze/thaw or any other ground movements, or improper curing methods resulting in discoloration of the substrate. This proposal is contingent upon the concrete substrate(s) meeting minimum SBC standards and ACI 318 Building Code for Structural Concrete. Deviations from the SBC or ACI 318 not disclosed in writing prior to installation will result in any warranties becoming void upon discovery.
i. Substrate Strength: This proposal assumes that the concrete substrate is of medium strength. If the concrete is soft, hard or has a burnished finish that increases the intended/estimated wear of the diamond tooling, SOLID reserves the right to increase the price to cover the additional labor and material cost.
j. Staining/Finishes: SOLID will not be responsible for imperfections in the substrate that show through the colors and finishes. Do not allow permanent marker, pencil, red/blue/black chalk lines on flooring to receive transparent color and clear finishes. It is the Owner/Buyer responsibility to accept the level of variations, blemishes, etc. on the surface of the substrate prior to the application of the polishing, coloration, and sealant systems.
k. Substrate: The concrete substrate must be protected during construction according to The Concrete Surface Finish Specification. During the initial preparation stage, SOLID will attempt to remove minor unexpected markings, but will not guarantee complete removal of stains. All parties should be aware that many markings and penetrated stains including but not limited to, footprints, paint, primer, construction markings, blemishes, glues, caulking, and patches in the surface may reappear after stain is applied, and may reappear in the finished floor.
l. PH Levels: This proposal assumes PH levels acceptable for the installation of this system (no more than 6-7ph or as recommended by the manufacturer). The concrete must be inspected and quantitative PH measurements taken prior to the execution of dye compliance procedures. SOLID will not be responsible for PH related problems.
m. Work Area: Work area for installation must be scraped, broom cleaned and free from all debris including but not limited to, drywall dust and residue, paint, previous coatings, glues, adhesives, chalk or snap lines, etc. The Owner/Buyer shall pay expenses of any delay or additional cost caused by the failure of the Owner/Buyer to provide working conditions described herein.
n. Removal/Disposal: This proposal excludes the removal of all existing floor covering materials, unless otherwise noted. The removal of urethanes and epoxy finishes, if discovered, are not included in this proposal unless specifically stated.
o. Base molding: Shall not be installed prior to installation/floor polishing. For best results, the doors and baseboards should be removed by client prior to work.
p. Maintenance: Of these systems is recommended and instructions will be provided. Maintenance is the sole responsibility of the end user, unless otherwise agreed to with a maintenance contract.
q. Dust Control: SOLID employees will do their best to protect adjacent surfaces and provide dust control. However, due to the nature of the process and the mass of the equipment we are not responsible for finished surfaces (drywall, painted surfaces, doors, baseboards, cabinetry, etc.) or dust. All furniture and fixtures are the responsibility of the Owner/Buyer.
r. Relative Humidity and moisture: If the moisture level is higher than industry standard, impregnators, sealers and chemical polishers cannot be applied until moisture reaches standard levels.
s. Edgework: Edges to be finished within 1/2” of wall. Finishing edges closer will be at an additional cost. Due to the difference in resin tooling and equipment, edges may have a slight variation in color and sheen.
t. Sample/mock-up: One custom 7’x 7’ mock-up/sample may be created using the specified system. The mock up/sample area provided by the Owner/Buyer must be of the same concrete mix design, installation and finish methods as specified for the project. The Owner/Buyer agrees to pay a predetermined sum for the sample (amount to be credited toward purchase upon notice to proceed). Owner/Buyer agrees to pay time/material for additional mock-up/samples that may be required. Owner/Buyer (or representative) must provide signed approval for mock-up/sample before work begins.
u. Cleaning Restrictions: The owner/buyer must not authorize or permit the use of any cleaning solutions with a pH of less than 6 or more than 8, examples of unacceptable cleaning chemicals include but are not limited to: Pine-Sol, citric cleaners, vinegar, solvents, or chemicals on bare concrete as it may hinder the application of the stains/dyes.
Ensuring that these requirements are met will guarantee the best possible installation, completed on time and within budget. We appreciate your assistance.
9. Confidentiality Agreement
It is understood and agreed to that the identified discloser of confidential information may provide certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that:
a. The Confidential Information to be disclosed can be described as and includes: Technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, existing and/or contemplated products and services, research and development, production, costs, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
b. The Recipient agrees not to disclose the confidential information obtained from the discloser to anyone unless required to do so by law.
c. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties.
d. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be determined by arbitration in Charlotte, North Carolina in accordance with [the intended institutional rules] in force at the commencement of the arbitration. The number of arbitrators shall be […] The language of arbitration shall be English. This contract is governed by […] law.
11. Antimicrobial Solutions
SOLID Surface Care, Inc. (“SOLID”) follows protocol promulgated by the Centers for Disease Control and Prevention and uses cleaning products which meet the criteria for use against COVID-19. However, there are currently no sampling or analytical methods which provide assurance that COVID-19 has been totally eradicated from surfaces. When engaged to perform Antimicrobial Services, SOLID will use one or more disinfecting products that the EPA lists on List N: Disinfectants for use Against SARS-CoV-2 as meeting the EPA’s criteria for use against SARS-CoV-2, the cause of COVID-19 and will follow the respective product manufacturer’s directions, including recommended contact time or dwell time. Although SOLID uses an EPA List N product, none of the disinfecting products on the EPA’s list have been specifically tested against COVID-19 at this time. In addition, SOLID will follow the Centers for Disease Control and Prevention (“CDC”) recommendations for cleaning and disinfecting surfaces with suspected Coronavirus Disease 2019 found at https://www.cdc.gov/coronavirus/2019-ncov/prepare/cleaning-disinfection.html. The CDC’s recommendations are based on information available to it at this time. Given the novelty of COVID-19, SOLID does not guarantee that the its use of an EPA-listed disinfectant and following the CDC’s recommended protocols will completely eliminate or eradicate COVID-19 from any treated surface or workplace.
WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.
Questions relating to anything contained in this document should be addressed to your account manager or to