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<br /> <br /> <br />THIS CONTRACT SUBJECT TO THE TERMS AND CONDITIONS LISTED BELOW <br /> <br />1. The terms set forth in this agreement are intended as the complete and exclusive statement of the contract <br />and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. <br />Only a memorandum signed by both parties and their authorized agent may amend this contract. Any changes <br />to this contract may subject Buyer to additional charges. <br />2. Seller will complete work as expediently as possible once started and begin work within terms agreed to. <br />Seller is not responsible for delays beyond his control. <br />3. This agreement is the actual order of the items listed above and it is understood that all items are custom <br />made and all work is custom. Deposit is non-refundable. In case of sale of home or business, contract may <br />be terminated upon payment to Seller of a sum equal to one third of the remaining balance. <br />4. Buyer agrees to and has read the Chemical Stain Disclaimer form (if necessary), and Expectation form. <br />5. Balance of money is due upon completion of work. If claim for payment is placed in the hands of an attorney <br />for collection, Buyer agrees to pay Seller a reasonable attorney’s fee fixed by the court. <br />6. Except as provided in writing, Seller does not warrant the goods covered by this agreement and no other <br />warranty expressed or implied is made by Seller. Seller is also not responsible for slip resistance chosen by <br />the Buyer. If Buyer desires to change slip resistance, additional charges will apply. <br />7. Warranty is void with regard to any part or parts subject to abuse, neglect, or accidental causes including but <br />not limited to: fire, flood, acts of God, and war. <br />8. Seller is not responsible for sub-surfaces such as concrete during the installation due to the fact the prior <br />conditions of the surfaces cannot be determined. Any problems that occur due to these sub -surfaces cannot <br />be warranted. This includes moisture transmission and hydrostatic pressure in concrete. Any defects in sub- <br />surface will not be addressed unless listed above. <br />9. Seller will make every reasonable effort, in advance, to protect landscaping, walls and all adjacent areas and <br />items from damage; however, Seller cannot warranty these areas against possible damage. It is the <br />responsibility of the Buyer to protect these areas. Pools must be drained during installation. <br />10. Seller will not assume responsibility of damage caused by non-recommended maintenance procedures. It is <br />agreed that Seller shall not be liable for any defect or damage resulting from installations requested by Buyer <br />that depart from accepted installation methods. If an unauthorized person services the surface, any warranty <br />is automatically voided, and Seller assumes no liability or responsibility for damage. <br />11. In cases where buyer does not own the home or business to which Seller is installing surface, buyer represents <br />that he has permission of owner to install surface and is fully responsible for completion of contract. <br />Condominium owners, homeowners, and business owners responsible to associations or boards represent <br />that they have or will obtain any necessary approvals. <br />12. Buyer grants Seller permission to photograph the installation and installation site and use such photographs <br />in future sales presentations and advertising. <br />13. During the project, Seller may substitute better quality and/or more expensive products and/or processes with <br />or without the verbal or written approval of the Buyer. <br />14. Buyer must notify Seller a minimum of 48 hours (not including weekends) prior to the scheduled start day <br />of any delays or postponement. If Seller is not notified at least 48 hours in advance, additional charges will <br />be added. <br />15. Any person or company supplying labor or materials for this improvement to your property may file a lien <br />against your property if that person or company is not paid for the contributions. Under Minnesota law, you <br />have the right to pay persons who supplied labor or materials for this improvement directly and deduct this <br />amount from our contract price, or withhold the amounts due them from us until 120 days after completion <br />of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material <br />for the improvement and who gave you timely notice.