Below are the official and only Terms & Conditions for all Advanced Plumbing Technology projects, unless expressly identified in your individual contract documentation:
DEFINITIONS
“Owner” shall mean the person who holds legal title to the real property that is the subject of this Agreement, and its heirs, successors, and assigns.
“Project” shall mean the Work (as hereinafter defined) to be performed at the Property Location identified above.
“Proposal” shall mean this Contract and Proposal, and any Change Orders issued after execution hereof, which shall collectively represent the entire and integrated agreement between the OWNER and APT and supersedes any prior negotiations, representations or agreements, either written or oral.
“Work” shall mean the construction, improvements and services required by this Proposal, whether completed or partially completed, and includes all other labor, materials, equipment, improvements and services provided or to be provided by APT to fulfill APT’s obligations. The Work may constitute the whole or a part of the project. No Work shall be performed on fixtures (i.e., sinks, toilets, bathtubs, shower pans).
PROJECT SCHEDULE
APT reserves the right to provide deadline dates on a site-by-site basis and requires a minimum of thirty (30) working days to complete the Project. A working day shall be defined as any business day that APT is capable of working without interference from the OWNER, weather, permitting issues, or other issues outside of APT’s control.
FINAL COMPLETION
APT shall notify OWNER when the Project reaches substantial completion. OWNER shall be entitled to conduct a single, final walkthrough with APT and issue a punch-list for any repairs or corrections necessary to complete the Project in accordance with this Proposal. Any items identified within the punch-list that consist of additional work or work beyond the scope of this Proposal shall be treated as a change order.
OWNER OBLIGATIONS
OWNER shall provide the following: A safe and secure working environment (with a minimum of ten (10) feet of uninterrupted workspace in any direction from the Property Location) and continuous access to the Property Location for the duration of the Project until completion; any cosmetic or structural repairs, features, or designs not specifically described in this Proposal. OWNER hereby agrees to timely execute and facilitate any and all documents necessary (including but not limited to forms, questionnaires, certificates of completion, lost draft forms, insurance information, policy information requests, etc.) to receive payment, without demand by APT. OWNER hereby agrees not to run any water through the drainage system while the repair is ongoing and until instructed to do so. Failure to comply will result in an additional fee up to $3,000.00, for the additional time & material to correct the damaged area caused by the waterflow.
APT OBLIGATIONS
APT shall provide the following: a professional atmosphere in compliance with all local, state, and federal government requirements; All material needed to perform and complete the Project; Any items of Work not specifically included in this Proposal, shall not be the responsibility of APT.
DEFAULT
OWNER shall be in default of this Proposal upon any of the following occurrences: (a) OWNER fails to provide access to the Property Location or materially interferes with APT’s performance of the Work; (b) OWNER fails to make timely payment under the terms of this Proposal; or (c) OWNER otherwise violates a material provision of this Proposal. Upon a default by OWNER, after providing seven (7) days written notice and opportunity to cure to OWNER (such opportunity to cure required only where the default is of an ongoing nature capable of being cured), APT may terminate this Proposal and/or pursue all applicable legal or equitable remedies. If OWNER fails to timely pay APT, APT may immediately stop all work on the Project until APT receives payment from the OWNER and/or terminate this Proposal.
THIRD PARTY BENEFICIARIES
This Proposal is intended to benefit only the parties hereto and their heirs, successors and assigns. Nothing in this Proposal is intended to create rights in any third-party beneficiary.
ACTS OF GOD
APT shall not be liable for any damage, whether actual or consequential, or claim arising out of or relating to Acts of God, accidents, civil disturbances, delays in obtaining materials, fires, hurricanes and other weather conditions, strikes, war or other causes beyond APT’s reasonable control.
LIEN RIGHTS
It is mutually agreed that APT shall retain all rights conferred upon by the lien status of any State, Federal, or Territorial Government. If APT is not paid when required by this Agreement, any and all warranties shall be void.
CHOICE OF SCOPE OF WORK
APT advises client to choose the most comprehensive plan of CIPP repair and if OWNER chooses a lesser plan, it is against the advice of APT. As a result of this choice, client holds harmless and indemnifies APT for any failure, defect, or other damages in the drainage system which arise after APT performs under this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the complete understanding between the parties, all prior representations or agreements having been merged into this Agreement.
OWNERSHIP OWNER warrants and represents that no one other than OWNER owns any interest in the real property which is the subject of the proposal. In the event any other person owns any interest in said real property, OWNER hereby warrants and represents that OWNER is the agent of all other owner(s) and that OWNER is expressly authorized by such owners to enter into and execute this agreement on their behalf.
APPLICABLE LAW AND VENUE The provisions of this Proposal shall be construed in accordance with the laws of the State of Florida, and the exclusive venue for any action brought to enforce this Agreement shall be Lake County, Florida. As a condition precedent to bringing legal action to enforce the terms of this Agreement, including, but not limited to, filing a lawsuit, the aggrieved Party must first make a formal written demand for pre-lawsuit mediation to be conducted in Lake County, Florida. If, upon receipt of a formal written demand, the non-aggrieved Party declines the opportunity to participate in pre-lawsuit mediation or the mediation results in an impasse, the aggrieved Party may take further legal action including the filing of a lawsuit. Failure to comply with this pre-lawsuit mediation requirement shall serve as an absolute bar to all legal claims in any action brought to enforce this Agreement.
ATTORNEYS FEES & COSTS
In the event it is necessary to collect any amount of money owed hereunder by referral to an attorney, collection agency, or court proceeding, it is agreed that the substantially prevailing party in such matter shall be paid by the non-prevailing party for its reasonable attorneys’ fees, expert fees, and all costs incurred in connection therewith at any level and in any tribunal arising out of or related to this Agreement.
SEVERABILITY
If any provision of this Proposal is deemed invalid or unenforceable as against any person or party, the remainder of the Proposal and the applicability of such provision to other persons or parties shall not be affected thereby. Each provision of this Proposal shall, except as otherwise herein provided, be valid and enforceable to the fullest extent permitted by law.
ASSIGNMENT
This Proposal shall not be assignable by OWNER without the written consent of the APT.
NOTICES
Any notice required or permitted to be delivered under this Proposal shall be personally delivered or mailed via first class mail to the parties at the addresses set forth in the introductory paragraph of this Proposal and shall be effective upon personal delivery or two days after deposit of the notice with the United States Postal Service.