Guarantees, Terms and Conditions

Asphalt Guarantee:

Duramax Asphalts' guarantee fully covers workmanship and materials against breakup for a period of 1 year.

Any request made by the owner to Duramax Asphalt, their general contractor or their respective authorized supervisory employees to not comply with the standard practices and procedures previously stated in these conditions will automatically negate any guarantee of material or workmanship whether such guarantee is written, implied or orally stated.

This guarantee does not cover markings from sharp pointed objects, power steering created tire marks, or marks/stains from solvents, grease, petrochemicals and gasoline. Guarantee does not cover heaving of asphalt, sub-grade failure, settling or expansion cracks due to freeze thaw weather cycle or tree roots. Asphalt is a machine laid surface which has seams that are sometimes noticeable. The surface texture of hand laid areas may not be uniform to machine laid areas due to hand raking. Duramax Asphalt shall not be liable for water ponding or retention in surrounding areas of patching due to current grades or construction method chosen. Guarantee does not cover damage caused by acts of third parties.

Sealcoating/Crack Sealing Guarantee:

Duramax Asphalts' guarantee fully covers workmanship and materials against major premature failure for a period of 1 year.

Any request made by the owner to Duramax Asphalt, their general contractor or their respective authorized supervisory employees to not comply with the standard practices and procedures previously stated in these conditions will automatically negate any guarantee of material or workmanship whether such guarantee is written, implied or orally stated.

This guarantee does not cover markings from sharp pointed objects, snow plowing, power steering created tire marks, or marks/stains from solvents, grease, petrochemicals and gasoline. Guarantee does not cover asphalt imperfections under the sealcoating, adhesion loss due to tree sap or other contaminations not visible by the naked eye, excessive abrasion from traffic in high volume areas or asphalt surface cracking under the seal coated surface. Sealcoating is applied to the surface much like painting a larger area and some streaking and lines are evident after the drying/curing process that are sometimes noticeable. The surface texture of some areas may not be uniform.

Duramax Asphalt shall not be liable for sealcoating failure where water ponding or runoff from rain drainage is constant, snow melting runoff or snow piles are accumulated on parking lots or driveways. These runoffs carry sand and minute aggregate particles that abrades the surface in treated areas and cannot be avoided or foreseen in many cases. Guarantee does not cover damage caused by acts of third parties.

Payment Terms:

Payment is due upon completion of project . If payment is not made in accordance with the above terms, the customer agrees to pay any collection, legal fees and interest for any unpaid balances. Interest will accrue at a rate of .66% per month from the date of completion. Terms of guarantee are contingent upon receipt of final payment.

PRICE is based on specifications and estimates as shown on the “Estimate”. Field measurements may be made when the job is completed and any changes of specifications, areas, tonnage, or gallons used will correspondingly change the completed price.

ADDITIONAL CHARGES may apply if permit(s), extra equipment time, extra materials, or extra labor would become necessary to complete this job, if subgrade is not up to acceptable specifications or requirements or if extra services and/or materials are requested in writing by the owner or general contractor of their respective authorized supervisory employees. Duramax Asphalt shall not be held liable for damage to surrounding areas of driveway or parking lot due to poor subgrade, moisture, or other unforeseen circumstance. Additional charges would be in accordance with the agreed upon change order which is made part and parcel of these conditions and “Estimate”.

Conditions:

The above prices, specifications and conditions are satisfactory and are hereby accepted. You are contracted to do the work as specified. The stated payment terms are acceptable. All material is guaranteed to be as specified. All work is to be completed in a professional manner in accordance to standard construction practices. Any deviation from this proposal or extra work will be executed only upon owner or owner's agent orders and may become an extra charge over and above this agreement. All agreements are contingent upon delays beyond our control. Property must carry fire, tornado and any other necessary insurance.

We do not guarantee against pavement cracking from weather cycles and water ponding or retention due to pre-existing grade conditions. We cannot guarantee drainage or against water ponding on new asphalt without adequate slope. In flat areas water will not drain unless there is more than 1-1/2” of fall per 10 feet. Duramax Asphalt shall not be liable for damage to adjoining concrete flat work by asphalt installation equipment during standard construction procedures. Proposal excludes the following unless otherwise stated in the proposal: Permits, Excavation, Staking, Material Testing, Sod Restoration & Landscaping, Manhole/Catch Basin/Gate Valve Adjustments or Repairs, Vegetation Removal, SAC/WAC Charges, Draining. You authorize Duramax Asphalt to perform a credit investigation and/or obtain credit reports from credit reporting agencies.

Notice Of Lien:

A) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions.

B) Under Minnesota Law, you may have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a Lien Waiver signed by persons who supplied any Labor and Material for the improvement and who gave you timely notice.