TERMS AND CONDITIONS:
These terms and conditions (the “Terms and Conditions”) govern and apply to all Sport Surfaces LLC customers, any associated websites, mobile sites or applications, products, and other services (collectively, the “Services”). These Terms and Conditions apply to any use of the Services.
THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. You may not use the Services and may not accept these Terms and Conditions if (1) you are not of legal age to form a binding contract with Sport Surfaces LLC, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
Authorization to Proceed & Contract
“Customer” as used herein shall refer to the Homeowner, Community Association, and/or Management Company. Any and all contractual agreements made by the Customer shall be fully binding and cannot be subsequently modified or superseded by reason of a change in Customer Board Members, management company, or its employees, absent the written consent of the contractor.
“Contractor” refers to Sport Surfaces LLC, their agents, servants, employees, and/or subcontractors. Contractor shall furnish all Supervision, Labor, Specified Materials, and Equipment necessary to complete the agreed upon work for the named property per this proposal. Contractor may substitute any material specified in the proposal as long as it is of equal quality. Customer shall designate one individual to represent the owner(s) in all matters pertaining to the work as it progresses. Any situations or problems which may arise shall be negotiated only between that designated representative and contractor. When working for an Association, Corporation, or other business entity, Contractor will not negotiate directly with any homeowner, resident or tenant at any time, under any circumstances. Customer will ensure interference by unauthorized individuals will be avoided so as not to impede the smooth progression of the work.
Customer shall grant the contractor permission to work in the subject area(s) and shall be required to prepare all work areas so as to be safely accessible and acceptable to Contractor. Signage is recommended to more effectively mark the construction area. The Contractor is not responsible for underground that is not marked. Customer must provide water, electricity, and all necessary hookups at no cost to the Contractor as Contractor deems necessary to perform the work. The Customer shall be responsible for ensuring that all landscaping, grass, and shrubs outside the surface perimeter are lower than the surface itself so as to aid in proper drainage. In order to drain properly, outdoor courts require a 1” minimum slope per 10’. The Customer shall keep all irrigation systems off during resurfacing work, and for 2 days following the completion of work. Damage due to use of any irrigation system will be billed as additional expense to the Customer. Note: irrigation water may have negative effects on the new surface, and should be adjusted to keep water off the court’s surface. Irrigation water will typically stain or discolor court surfaces.
It is understood and agreed that all work is performed “weather permitting”. Contractor will make every effort to timely notify the customer if work is unable to be performed due to weather. In the event the customer cancels or postpones a scheduled day’s service without providing Contractor at least 48 hours notice, customer agrees to an additional mobilization fee of 475.00.
If such is required, this proposal does not include the cost of permit fees, engineering, drafting, blueprints, inspection fees, impact fees, or any other fees which may be required from the various agencies or municipalities having jurisdiction. Such fees, if required, are billed as incurred, and any required ancillary fees will be billed in addition to the cost of actual permit.
Change orders, additions, or extras requested by customer, contractor, or municipality will be invoiced as an addition to the base contract and shall not delay payment of the original contract sum.
Contractor shall not be liable for damages which are preexisting as of the date of commencement of the work to be performed under the contract. Damages can include but are not limited to people, pets, wildlife, vandalism, etc. To this end, Contractor will inspect each area prior to commencement of work in that area. The Contractor accepts no responsibility for repairs done by anyone other than Sport Surfaces LLC.
Existing damages, if any, will be noted and documented by photographs, and/or written form. Customer understands and agrees that areas of unforeseen damaged or delaminated coatings and/or substrates/surfaces may be evident and disturbed during the operation, and agrees to hold harmless the contractor from any and all liability in the event existing coatings, caulking, sealants, substrates or surfaces shall peel, flake, delamination, or otherwise affect the newly surfaced area. Furthermore, areas of aesthetic, profile, or texture differences will remain or may become more obvious with the removal of existing coatings, caulking, sealants or substrates. Absence of a vapor barrier voids any warranty implied or expressed in writing or otherwise.
Contractors Note Regarding Crack Treatment: Cracks in a playing surface can be caused by many reasons. However, the most common are surface cracks & structural cracks. Surface cracks are caused by the aging surface material that becomes brittle and cause surface cracks that are generally small in width. The structural type of crack is caused by sub surface settling, and is generally wider. They extend from the sub base into the aged playing surface, and are caused by sub base settling and aged playing surface which then causes a wider deeper crack formation. This proposal includes a scope of work designed to treat the cracked areas, however, they may reappear in the same area at any time or form in new areas at any time. When these issues occur, it is not under warranty. If total elimination of cracks is desired, total reconstruction may be required, Please speak to your Sport Surfaces licensed and certified professional to discuss this option.
Contractor shall require a staging area for equipment & materials to be stored on site, and the Customer will make every effort to provide such an area. At the end of each workday, all equipment, supplies, vehicles, etc. shall be returned to that area and the actual working area left clean to the maximum extent possible. Protection of this storage area is the sole responsibility of the Contractor and shall be undertaken in a clean, safe, orderly, and acceptable manner. This Contractor is not responsible for trafficking, paint tracking, or damage to contracted surfaces due to persons trespassing in designated work areas.
Contractor shall be solely responsible for the repair or replacement of any damage caused by its employees or by the materials used to the perform the work contracted. Contractor has the first right of repairing or replacing a damaged area caused by the Contractor’s employee. Customer agrees to provide Contractor with notice of the discovery of any damaged areas within 24 hours. If Contractor assumes responsibility for such damages, Contractor reserves the right to make its own repairs or to hire an appropriate other contractor to do so. Damage caused by contact with irrigation, electrical, and utilities is to be repaired by the Customer at their sole expense. Contractor is not responsible for damage to underground utilities, i.e. water, sewer, irrigation, electrical, or any landscaping or sod. This Contractor makes no warranty that after the work is completed that all standing water will be eliminated and customer understands and agrees that small depressions and standing water may still occur in any area of the court surface(s).
All work is to be performed in a professional capacity by skilled and supervised persons, and carried out in such a manner as to minimize any inconvenience to the Customer. Contractor shall determine the size of the work force, including a qualified Foreman on the job at all times, as may be necessary for the means, methods, ongoing operations. Contractor shall continuously and expeditiously proceed with the contracted work until completion, weather permitting. Regular working hours are Monday through Saturday from 7:30 am to 7:00 pm. Contractor shall be responsible for safety administration on the job, and shall be in compliance with all pertinent safety regulations. Upon request, this Contractor will provide the Customer current certificates of insurance and licenses.
The Contractor shall thoroughly and expediently clean up all debris, materials, drums, trash, etc., upon job completion. Clean up will be conducted on site, and a wash down area is required to rinse squeegees, brooms, and containers. Contractor will do its utmost to protect the surrounding areas, however, Contractor is not responsible for any paint residue that may remain in any wash out areas.
If a dispute arises over any aspect of this contract, prior to the commencement of any civil litigation, Customer agrees to participate in one session of mediation to attempt to resolve such dispute. The cost of the mediation shall be borne 50-50 between Contractor and Customer. The provision SHALL NOT be binding upon Contractor if the matter pertains to the collection of any unpaid invoice(s). Should any of the provisions of this Agreement be found to be void for any reason, only such void portions shall be unenforceable; and the remaining conditions or portions thereof shall remain in full force and effect. Venue for any litigation that may arise shall be Palm Beach County, State of Florida.
If it becomes necessary for the Contractor to hire an attorney to enforce any provision of the contract, including the collection of unpaid invoices, the Contractor shall be entitled to recover from Customer all its court costs and reasonable attorney’s fees incurred prior to suit, as well as in litigation, appeal and in any bankruptcy, and or administrative proceedings.
LIMITATION OF LIABILITY
Whether attributable to contract, warranty, tort (including negligence), strict liability, or otherwise, Contractor’s responsibility for any claims, damages, losses, or liabilities arising out of or related to its performance of this contract, including but not limited to any correction of defects under the warranty, shall not exceed the cost to correct. In no event shall Contractor be liable for any special, indirect, incidental, consequential, or punitive damages of any character, including but not limited to: damages claimed for loss of use of productive facilities or equipment, lost profits, governmental fines or penalties, lost production, or nonoperational or increased expense of operation. This is irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, strict liability, or otherwise specified.
This Contractor disposes of all waste material in a suitable fashion to include recycling. There will be a $65.00 disposal fee added to the final invoice for proper disposal of all waste material. Customer agrees to an additional fuel surcharge of $35.00 to be added to the final invoice for any job farther than 15 miles from the Contractor’s warehouse location 7011 Wilson Rd. West Palm Beach, FL 33413
The court area(s) will be closed during the work in progress, and will remain closed until the work is complete. It is the Customer’s responsibility to have all irrigation turned off, have no landscaping done while work in progress within 50 feet of the court surface, and to allow no foot traffic other than Contractor in the work areas while the courts are closed during the work period, and 48 hours thereafter. Any damage caused by such intrusions will result in an additional charge to repair the work area solely at the Customer’s expense. It is the Customer’s responsibility to ensure that there is access to the work area and an appropriate power & water source has been identified within 100 feet of the court area(s).
By evidence of my signature, I affirm that I have read this contract carefully before signing and having done so, fully agree to be bound by its terms and conditions.
A sale for future services can be cancelled by the buyer by notifying Sport Surfaces LLC within three business days from the date the buyer signed the contract. … A written notice sent by mail must be postmarked by no later than midnight of the third business day after the contract date and mailed to 7011 Wilson Rd. West Palm Beach, FL 33413
- The court area(s) will be closed during the work in progress and will remain closed until the work is complete. It is the Owner’s responsibility to have all irrigation turned off, to have no landscaping done while work in progress within 50 feet of the court surface, and no foot traffic other than contractor in the work areas while the courts are closed the work period, and 48 hours thereafter. Any damaged caused by these intrusions may result in damage, and additional charges to repair the work area at the owner’s expense. It is the owner’s responsibility to ensure that there is access to the work area and an appropriate power & water source has been identified within 100 feet of the court area(s). Please see our Terms and Conditions for further information regarding site conditions.
Notwithstanding any provision contained in any Contract Documents requiring arbitration, both parties agree that any specific dispute under this contract with a claim less than $150,000.00 shall be submitted to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, upon Contractor’s election. Each such dispute which is submitted to arbitration shall be heard before the American Arbitration Association in the State, which shall be West Palm Beach, Florida, in the case of projects located in Florida or states served by the West Palm Beach office of the American Arbitration Association, unless the Contractor and Subcontractor agree on some other location. All disputes (single or aggregate) which exceed $250,000.00 or where injunctive relief is sought shall be decided by a court of competent jurisdiction, and trial by jury is expressly waived. The parties agree, upon Contractor’s written demand, to become a party to and be bound by any arbitration proceeding involving the Contractor, the Architect, or the Owner to the extent that such proceedings involve any of the rights or obligations of the parties under this contract. Parties agree to attempt in good faith to resolve any dispute arising out of or relating to this contract by non-binding mediation with a mediator mutually agreed to by parties. Mediation shall be initiated by a written request from either party to the other specifying the dispute(s) to be mediated. Such mediation shall be a condition precedent to the commencement of litigation or arbitration, unless delay would irrevocably prejudice either party in which event the litigation or arbitration, as the case may be, may be commenced but shall be stayed pending mediation under this provision. If the dispute has not been resolved pursuant to the mediation procedure within 30 days of the commencement of such procedure, which shall mean the first joint session with the mediator, the dispute shall be determined in accordance with the provisions of the first paragraph of this Paragraph
8.16. The fees and expenses of the mediator shall be borne equally by both parties.
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We use commercially reasonable means to minimize the risk of unauthorized disclosures of your data and personally identifiable information, including restricting access to your data and personally identifiable information to those employees who need to know that information to provide and fulfill services to you. We maintain appropriate physical, electronic, procedural, and managerial safeguards to help prevent unauthorized access to the information. We may disclose information as required by law.
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Sport Surfaces LLC
7011 Wilson Rd.
West Palm Beach, FL. 33413