Terms and Conditions

Any subsequent contract for the sale of goods and/or services by ReSource Colorado (the Company) based on this proposal including any verbal approval, signed proposal, notice of intent, or mutually executed contract shall be subject to the following conditions:

 

  1. These conditions shall supersede any previous agreements or arrangements (whether oral or implied) between the Company and the Customer in relation to the subject matter of the contract and shall override and exclude any conditions at any time imposed by the Customer save to the extent that such conditions may be incorporated herein. By accepting any estimate or quotation for or placing any order for goods and/or services the Customer shall be deemed to have accepted these conditions.

  2. No variation of these conditions shall be effective or binding upon the Company unless such variation expressly amends these conditions and is accepted in writing and signed by an officer of the Company.

  3. Quotations only refer to the goods and articles specified herein and are available at the time of quotation. A quotation is not binding on the Company. Unless stated otherwise, all prices are subject to sales tax at the current rate. The Company shall have the right to increase the contract price to take into account any increases in cost arising after the date the order is received as a result of (a) any alterations in the Customer’s requirements; (b) the additional work required as a consequence of Customer’s instructions or lack of instructions; (c) any interruptions, delays, overtime work carried out as a consequence of causes over which the Company has no control; (d) any increase in any tax, duty or levy imposed on goods or services or affecting the contract price in any manner.

  4. Any time quoted for delivery shall be a guide only. Time for delivery shall not be of the essence of the contract. In addition, the Company shall in no event be liable for any indirect or consequential losses, costs or penalties incurred or suffered by the Customer as a result of the Company’s inability or failure to meet specified delivery dates.

  5. The Company will notify the Customer for delivery when the goods are ready to be delivered and it will be the Customers responsibility to make arrangements for delivery to be made within 14 days of notification. The Customer is subject to payment for stored materials. The risk in the goods will pass to the Customer upon delivery, but equitable and beneficial ownership shall remain with the Company until payment in full has been received for all goods comprised in all current orders or contracts, or until prior resale, in which case the Company’s beneficial entitlement shall attach to the proceeds of resale or to the claim for such proceeds.

  6. Upon delivery and until payment in full has been made, the Customer shall insure and keep the goods insured against all and every risk, including specifically but without prejudice to the generality of the foregoing, damage by the Customer or third parties, fire, explosion, aircraft, theft, tempest and flood. The Customer shall from the date of delivery be responsible for the maintenance and care of the goods and for any storage costs in respect thereof.

  7. The Company excludes liability for any consequential loss (whether direct or indirect) expense or damage of whatever kind arising as a result of or in connection with the supply of goods herein or their use or anything done or omitted to be done in connection therewith.

  8. If materials are supplied by the Customer or Owner, the Company shall not be responsible for any shortage.

  9. All sub-floors must be in a fit condition to receive materials. Any preparatory work being carried out by the Customer must be complete before our installers commence installation.

  10. Floors which at the time of inspection by the Company’s representative are covered either wholly or in part and which are found to be defective or in need of repair, are the responsibility of the Customer.

  11. Unless expressly included above, all floor preparation is excluded from this bid/proposal. Any additional floor preparation to meet manufacturer’s installation specifications, to meet customer aesthetic requirements, or requested for any reason will be completed on a time and material basis. Extra work tickets will be provided by the Company and will describe the completed work. Any work ticket signed by a representative of the Customer will be considered binding and will be added to the scope of the contract. Failure to sign a work ticket, does not waive the Company’s rights to include such extra work in the scope of the contract.

  12. The Company will perform moisture testing per the manufacturer’s requirements where applicable. If the results of the moisture testing do not meet the manufacturer’s requirements for installation, the Company shall not be held liable for any delays or modifications in schedule. Unless noted above, any necessary moisture remediation is not included in this bid/proposal. Any moisture testing and/or remediation done by a third party will not be accepted unless agreed to in writing and signed by an officer of the Company. Any additional testing required to verify that remediation by a third party meets manufacturer’s requirements is not included in this bid/proposal.

  13. Warranty does not include any moisture related subfloor failures.

  14. Unless noted above, the following items are excluded from this bid/proposal:

    1. Leveling to specification or sloping to drains

    2. Skim coating due to textural roughness and irregularities

    3. Removal of existing flooring and base.

    4. Removal of existing coatings such as paint, oil, grease, drywall mud, gypsum patch, adhesives, curing compounds, etc.

    5. Neutralization of excess alkalinity.

    6. Sealing gypcrete when required by manufacturer.

    7. Installation of underlayment, if required.

  15. Unless otherwise agreed by the Company in writing, any data, printed matter, designs, drawings, specifications or catalogs supplied to the Customer before or after the date of order are intended merely to represent a general idea of the goods described therein, and shall not be deemed to be a representation or warranty or to form the basis of any contract. The Company will not accept responsibility of liability for or in regard to inaccuracy or omission of any kind. Except as set out in these terms, all warranties, conditions and other terms to the fullest extent permitted by are excluded from this agreement.

  16. If the manufacturer requires a deposit to manufacture/ship certain items, the Customer will be billed for deposit at time of order for that amount.

  17. Materials supplied by the Company may include manufacturer’s warranties. The Company does not provide any material warranties except what is passed through from the manufacturer. The manufacturer may require specific conditions at the time of installation for their warranty to be valid. Any diversion from the conditions are at the Customer’s risk. The Company will make a reasonable effort to inform the Customer of any required conditions. Failure to do so, in no way will make the Company liable for any issues arising out of the conditions failing to meet the manufacturer’s requirements or recommendations.

  18. All electrical, heating, lighting, plumbing, , windows, doors, walls, etc. necessary to complete the installation shall be in place prior to the Company being scheduled for the installation. If the Company arrives as scheduled and is not able to complete installation due to inadequate HVAC, incomplete predecessor construction, other trades congestion, or any other reason beyond the Company’s control, the Customer shall be liable for a remobilization fee at such time the Company can be rescheduled to commence work.

  19. Electrical current for lighting, appliances, or any other apparatus required for the purpose of this contract to be provided by the Customer.

  20. A clear working space must be provided to our installers for the execution of our work.

  21. Unless otherwise specified all work detailed in this bid/proposal will be carried out between the hours of 7:00 AM and 5:00 PM Monday through Friday. This time includes travelling. Extra charges will be made for work required outside these hours.

  22. Any moving of furniture, computers, electronic equipment, appliances, and/or other personal property is excluded from this bid/proposal unless noted above.

  23. The Company assumes no responsibility for any/all medicine, vaccinations, etc. within the Customers space. All medicine must be removed from the space prior to the start of work. All refrigerators containing medicine, vaccinations, etc. must be cleared out or removed prior to the start of work. If a refrigerator containing medicine, vaccinations, etc. is left in the space, the Company will not accept liability if medicine is spoiled, ruined, or missing for any reason.

  24. The Company shall furnish and install materials in accordance with all transmitted plans, specifications, and general conditions for the listed price. If such plans, specifications, and conditions should change, the Company shall be entitled to increase the contract price to compensate for any additional costs.

  25. Unless noted above, the price includes applicable freight and tax to the jobsite and according to the local jurisdiction’s tax rate at the time of the bid/proposal.

  26. The following items are excluded from this bid/proposal unless specifically noted above:

    1. Overtime installation

    2. Caulking at the top of vinyl or rubber base due to wall irregularities

    3. Cleaning or vacuuming carpet, Striping, cleaning, waxing or buffing vinyl tile or base

    4. Supply or install of protection of finished floors

    5. Cutting of doors to clear flooring

    6. Asbestos abatement or control

    7. Mold abatement or control

    8. Bond

    9. Attic stock (other than any manufacturer’s overages)

    10. Ceramic tile underlayment

    11. Waterproofing or antifracture membranes

    12. Epoxy setting materials or grout

    13. Sealing of tile or grout

  27. The Company will not accept charge backs or damage or cleaning without the option to inspect claim(s) to repair or without the option to make arrangements for acceptable repairs at their expense.

  28. The Customer shall not be entitled to cancel without the prior agreement of the Company. Any order or part order which has been accepted by the Company, in the event of such cancellation shall remain the Customer’s liability to pay the Company in full unless the Company shall in its absolute discretion otherwise agree in writing.

  29. Any express or implied waiver by the Company of any term or condition of this contract or of any breach or default by the Customer may be terminated by the Customer at any time. No such waiver shall constitute a continuing waiver, nor shall it prevent the Company from acting upon any subsequent breach or default or from enforcing any of the provisions of this contract.

  30. Full payment is due thirty (30) days from receipt of invoice unless otherwise specified.

  31. In the event of the Customer failing to make any payment within such period the Company shall without prejudice to any other right or remedy available to it, be entitled to suspend or cancel any further deliveries to the Customer and cancel this contract and/or any other contract between the Company and the Customer.

  32. The Company shall be entitled to charge interest on any account which is overdue for payment at a rate of 18 percent per annum or other such amount as may be permitted by law.

  33. The Customer agrees to indemnify and keep indemnified the Company against all reasonable fees, costs and other expenses incurred by the Company in enforcing these conditions or any of its terms or provisions.

  34. This bid/proposal is good for forty-five (45) days.

303-756-7100   |   info@resourcecolorado.com

© 2019 by ReSource Colorado.