Agreement Terms & Conditions

General Customer Responsibility, Terms & Conditions

Updated 3/20/2025

1. The Customer is responsible to notify all landscapers and garbage companies to not show on the area of work the day that Express Asphalt Solutions, also referred as, EAS is performing work. In the event of a reschedule due to unforeseen conditions, you are required to let all service providers know about the
2. 95% of contract amount and change orders must be paid prior to completing punch list items and/or any changes for additional work required by County ,CIty or Municipalities.
3. It is understood and agreed that all work is performed “weather permitting”.
4. Unless stated otherwise by the customer, towing fees, if necessary, will be billed as actual. Any vehicles left in the construction area at commencement of the work will be relocated on site and billed to the customer.
5. Permits: The Customer is responsible to obtain all permits. Should Customer request that EAS obtain a permit, the cost of the permit will be billed as actual plus up to a $1500 administrative fee.
6. Change Orders: Additions or extras requested by customer, Contractor or Municipality will be invoiced as an addition to the contract and shall not delay payment of the original contract All Change Orders must be approved and signed by the customer or its authorized agent.
7. EAS will not be responsible for paint adhesion to car stops that have not been pressured washed
8. EAS can not guarantee sealcoat longevity where there is standing water. Cracks in pavement will still be noticeable after Tire turning marks will be visible at first, but will disappear over the course of 3-6 months.
9. Line Striping: If there are existing car stops on the property, the new line striping of the parking stalls will not be installed beyond the car stop(s) unless they are The striping machine cannot fit between the car stops. If you would like the existing car stops removed during the striping phase, and/or want EAS to hand roll the lines past the car stops, there will be additional costs associated with this scope of work. It is the customer’s responsibility to inform EAS if this is desired prior to commencement of the project.
10. Asphalt Repairs/Paving: If the actual asphalt is determined to be thicker than the proposed depth once the area(s) are excavated, EAS will provide photo documentation showing the additional depth and a change order will be sent to the customer for the additional material.

11. Additional mobilizations: This charge may be billed due to, but not limited to: site unavailability for commencement of the work due to vehicles encroaching on the work area, change of schedule by customer or its authorized agent without prior consent of contractor or repairs to work caused by
    1. Asphalt Repairs- $3,500 each Mobilization
    2. Sealcoating- $3,500 each Mobilization
    3. Concrete Services– $3,500 each Mobilization
12. Milling and Paving Grading, Elevations, Drainage: If EAS is performing milling and/or paving, the customer acknowledges that this work will not result in new elevations/grades. This means that any existing ponding water will not be rectified by performing this scope of work. It is the customer’s responsibility to notify the account manager if there is ponding water. The only method to improve standing water is to perform additional rock and grading work which will be an additional cost.
    1. EAS cannot guarantee 100% drainage in areas where the design grade is less than 1%
13. Mirror Cracking: EAS will not accept responsibility or warranty for reflective cracking also known as mirror cracking of new asphalt overlay due to the cracked condition of the existing asphalt or concrete
14. Crack Sealing: Cracks under the size of quarter, hairline cracks, alligatored or spider web cracks or other failing asphalt areas cannot and will not be crack Groundwater is subject to seep from wet areas.
15. Underground utilities: All underground utilities including electrical, plumbing and irrigation lines if damaged or broken are the responsibility of the customer and not If EAS needs to repair damages, the costs will be billed to the customer as a change order.
16. EAS will not be responsible for trafficking, paint tracking or damage to cars or persons trespassing in designated construction areas.
17. Plans, engineering, layout, testing, bonds and as-builts by
18. The prices used in this proposal are based on the condition that all work quoted will be accepted in
19. Binding Agreement: This proposal, including all terms and conditions, shall become a legally binding attachment to any contract entered into between EAS and the responsible party for which the work will be
20. Disputes: In the event of a dispute regarding this contract, the prevailing party agrees to pay reasonable attorney fees, collection costs and all related costs incurred until such dispute is
21. Finance Charges: EAS will add a 5% finance charge to any unpaid invoice past due at least (30) thirty days.
22. Unpaid Balances: EAS, and its Subcontractors, reserve the right to file a construction lien for the services provided under this agreement to protect themselves, and right to enforce claim for payment against your property.
23. Work Schedule: Unless stated or requested otherwise by the customer, this proposal is based on work

being completed during the hours of 8:00AM and 5:00PM, Monday through Friday excluding holidays and weekends.

27. Right to Cure: In the event that either party materially breaches any term or condition of this Agreement, the non-breaching party shall provide written notice (the “Cure Notice”) to the breaching party detailing the nature of the breach. Upon receipt of the Cure Notice, the breaching party shall have 30 days (the “Cure Period”) to cure the breach to the reasonable satisfaction of the non-breaching party. If the breach is cured within the Cure Period, the non-breaching party waives any rights to terminate this Agreement or seek remedies related solely to such breach. If the breach is not cured within the Cure Period, the non-breaching party may pursue any and all remedies available under this Agreement or applicable law, including, without limitation, termination of this Agreement. The exercise of any remedy by the non-breaching party shall not preclude its right to seek additional remedies for any subsequent breaches.
28. Customer Provided Plans/Specs: If the customer provides plans, scope of work, and/or self measurements to EAS, the quote provided to the customer will be priced based on those provided In the event that EAS crews arrive on the job site and the scope of work and/or measurements do not match to what EAS was provided by the customer. EAS will provide a new quote for the updated scope of work to be approved by the customer. Should customer reject the new quote, customer can elect to continue with the scope of work EAS quote originally. Should customer elect to cancel the project, see number 27 below.
29. Cancellations and Refunds: All deposits are non refundable
30. Warranties: No warranties are honored unless payment is made in full. EAS will provide a one year warranty on most products, starting once final payment is received, on materials and Normal wear and tear, concrete, and asphalt overlaid over concrete are not covered under this warranty.
31. Worksite Photography/Videography: EAS has the rights to take and use images or videos of the worksite through work stages for marketing and promotional Customer’s names will not be used, only job-site location city and state would be utilized.
32. . Acceptance of the proposal is acceptance of all the terms and conditions listed in this entire

Sealcoating | Customer Responsibility, Terms & Conditions

1. Sealcoating is part of a regular maintenance need for Sealcoating cannot repair any asphalt defects and the aesthetic portion of sealcoating is only warranted on asphalt that is in currently good condition.

2. Sealcoating does not fill in most cracks and will not remedy any ponding of water. Sealcoat will not properly adhere to polished rock or areas of asphalt that are underwater or in high traffic areas and cannot be warranted in these areas.

3. Crack sealing is not included, but may be done prior to sealcoating to help reduce further cracking and water permeating through the cracks.

4. Asphalt repairs are not included unless otherwise noted in the proposal line item

5. The site is to be clear of cars prior to starting each Section of the day’s particular work area must be made available toEAS or its Subcontractors and affiliates by no later than 8:30am.

6. Costs of towing vehicles to be the responsibility of the customer or management. There will be a delay charge of $125.00 per hour plus the cost of towing if vehicles or other objects are obstructing the work

7. Sprinkler systems must be turned off 24 hours prior to start of project until 48 hours after Any areas of sealcoat affected by any water or rain can be reapplied at an additional cost.

8. Dumpsters must be removed from pavement surface unless otherwise Garbage pickup must be coordinated for pickup around newly sealed surfaces.

9. It is understood that the start and end of a project is subject to change due to inclement

10. Added requested services or items by the customer or agent while the project is already underway do not require updated signatures unless the total added cost is greater than $1000.00.

11. Express Asphalt Solutions and its Subcontractors and affiliates are held harmless of any vehicle traffic or persons walking through cordoned off sections of asphalt or concrete.

12. Notice to customer will be filed on payments not received within 30 days and a Claim of Lien will be filed on payments not received in full by 60 days.

13. Express Asphalt Solutions and its Subcontractors and affiliates cannot be held responsible for any damage caused to concrete surfaces while performing our portion of the proposed work.

14. Express Asphalt Solutions and its Subcontractors and affiliates cannot be held responsible for any cleaning of any concrete surfaces while performing our portion of the proposed work.

15. Pricing based on performing work during daytime operational hours in accordance withEAS and its Subcontractors and affiliates normal operational schedule.

16. Wheel stop painting are not included unless otherwise noted in the proposal line item

17. We have figured striping to the existing Any required or requested changes is not included unless otherwise noted in the proposal line item description.

18. Barricaded Parking Lot: It is vital that all vehicles are removed from our area of work no later than 7:15 am, unless otherwise agreed. Tow Trucks need to be arranged 5 days prior to the start of any work and must be on call to remove cars from the scheduled work If any cars are left in the area of work, we cannot be held responsible for any damage to the vehicles. There will be additional costs if we are unable to access the work area billed at a minimum of ($3500 for Sealcoating)

19. Cleaning: Customer is responsible for any “heavy cleaning”; otherwiseEAS will bill for this additional

20. Cracking: cracks in pavement will still be noticeable after Sealcoating

21. Lawn Fertilization: should not be installed seven days before or after

22. Weather: If it’s raining the day of scheduled service, EAS will contact customer or authorized agent to reschedule We monitor the weather closely and can generally predict this very well. In the event that an unexpected storm happens, we will touch up any areas where the sealcoat has not bonded.

23. Landscaping: Avoid lawn cutting during this same period of The surface must be dry for our arrival. Areas where the newly sealed pavement is wet may wear prematurely.

24. Pavement Sealer: will take a minimum of 30-45 days to fully cure and is sensitive to animal droppings, tree droppings; water stains from irrigation systems, ponding water & tire markings during this time. Areas of shade will take longer to dry and cure then areas in the direct sunlight.

25. Driving on Surface: Once you start driving on a sealed surface, avoid turning your wheels unless your car is moving.

26. Overspray on Grass: where grass meets your pavement, you may expect a small amount of spray of the

27. Oil stains: Oil from vehicles will show through the freshly applied

Paving | Customer Responsibility, Terms & Conditions

1. EAS will mobilize the asphalt paving crew on the project one (1) EAS and its Subcontractors shall have no obligation to perform in increments, quantities, or portions of the work that EAS and its Subcontractors plans to perform in a single operation; nor shallEAS and its Subcontractors have any obligation to perform work in a different sequence than planned byEAS and its Subcontractors. Any additional asphalt paving crew mobilizations shall require additional compensation of $ 3,500.00 per mobilization.

2. Pricing excludes any testing, as-builts, surveying, staking, utility location and adjustment or relocation, asphalt leveling, asphalt saw-cutting, asphalt milling, asphalt removal, maintenance of traffic, temporary/permanent striping, unless otherwise written in the proposal line item description.

3. Express Asphalt Solutions and its Subcontractors cannot be held responsible for any damage caused to any concrete surfaces while performing our portion of the proposed work.EAS and its Subcontractors cannot be held responsible for any cleaning of any concrete surfaces while performing our portion of the proposed work.

4. Pricing based on performing work during daytime operational hours and in accordance with EAS and its Subcontractors normal operational schedule.

5. We have figured bump milling at the transitions, ramps and drainage structures as

6. Milling and use of a milling crew is not included in this proposal unless otherwise noted in the proposal line item description.

7. A water source is to be provided by the

8. Due to paving on existing surfaces we cannot guarantee drainage or warrant any water Milling of the asphalt in many cases will not fully cure existing water ponding and may even create new areas of ponding. We will attempt to alleviate as reasonably as possible however cannot be guaranteed unless base conditions and additional drainage areas are considered.

9. Express Asphalt Solutions and its Subcontractors cannot be responsible for the existing cracks revealing through the new pavement, tire tears and the breaking of asphalt at existing transitions and different elevations This also includes cracking of milled areas reflecting through residual asphalt or base.

10. Crack sealing is not included, but may be done prior to paving to help reduce the cracks revealing through the new pavement.

11. Curb repairs are not included unless stated in a line item description

12. We have figured paving to the existing Installation of new handicap ramps is not included.

13. Base repair and grinding of tree roots are not

14. A fee of $350/hour wait time to be charged to the customer if the site is not cleared of vehicles upon the start time of project.

15. Spraying herbicide to kill the weeds is not included and by

16. Express Asphalt Solutions and its Subcontractors will reasonably attempt to blend all seams and eliminate standing water as best as possible however this cannot be guaranteed due to differences in asphalt mix, material laydown and environmental factors and is considered aesthetic and is not a warrantable item.

17. Express Asphalt Solutions and its Subcontractors must be paid in full before any warranty work is completed.