1. COMPENSATION. Level Headed Mudjackers is providing an estimate. Client shall pay Level Headed Mudjackers as set forth in the estimate. Price is subject to change, with customer’s approval.
2. INVOICING & PAYMENT. Level Headed Mudjackers shall invoice Client upon completion of the Work. Client shall pay invoice upon completion and client’s receipt of the invoice. Client shall also pay a late charge of 1-1/2% per month on all balances unpaid 30 days after the invoice date. If client fails to pay on time and Level Headed Mudjackers refers your account(s) to a third party for collection, Level Headed Mudjackers will charge all costs associated with the non-payment, including but not limited to, accumulated late fees, return check fees ($30.00), insufficient funds fees, collection agency fees, and court and attorney costs. Level Headed Mudjackers will try in every attempt to collect in house, but if all attempts are failed Level Headed Mudjackers will refer account to a third party collection, in this event all correspondents and/or payments must be made through the collection agency.
3. LIMITED GUARANTEE. On concrete over 10 years old, Level Headed Mudjackers will re-pump once, in a three year period, if necessary, any areas that have resettled more than a 1⁄4”, at no cost to the customer. A re-pump constitutes using the same holes. This guarantee is void if the customer does not seal all cracks and joints on the slabs or maintain BACKFILL along the slabs involved or if resettling occurs as a result of flooding or other acts of God. This guarantee does not include patches applied to or placed between the slabs and also does not include crack repair done by the customer or Level Headed Mudjackers.
4. ALLOCATION OF RISK.
A. IN NO EVENT SHALL LEVEL HEADED MUDJACKERS BE LIABLE TO CLIENT OR ANY THIRD- PARTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOSS OF BUSINESS OR LOST PROFITS) RESULTING FROM OR ARISING OUT OF THE WORK.
I. LEVEL HEADED MUDJACKERS IS NOT RESPONSIBLE FOR LANDSCAPING, DAMAGE TO PLUMBING OR ELECTRICAL, CRACKS IN SLABS, FLOOR OR WALLS OR ANY DAMAGE WHICH HAS OCCURRED OR MIGHT OCCUR AS A RESULT OF THE SETTLING OR THE CONCRETE LIFTING PROCESS. IF THE CONCRETE CANNOT BE RAISED AND MUST BE REPLACED, IT IS THE HOMEOWNER’S RESPONSIBILITY TO REPLACE IT.
B. LEVEL HEADED MUDJACKERS MAXIMUM LIABILITY TO CLIENT FOR THE WORK, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS $500.00 OR THE AMOUNT PAID TO LEVEL HEADED MUDJACKERS FOR THE WORK, WHICHEVER IS GREATER. IT IS EXPRESSLY AGREED THAT THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AGAINST LEVEL HEADED MUDJACKERS FOR THE WORK PERFORMED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, IS THE AWARD OF DAMAGES NOT TO EXCEED THE STIPULATED $500.00 FIGURE, OR THE AMOUNT PAID TO LEVEL HEADED MUDJACKERS FOR THE WORK, WHICHEVER IS GREATER.
5. LIEN WAIVERS. Client is entitled to written lien waivers upon receipt by Level Headed Mudjackers of full payments as called for in this Proposal.
6. WISCONSIN CONSTRUCTION LIENS. AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, LEVEL HEADED MUDJACKERS HEREBY NOTIFIES CLIENT THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE WORK ON CLIENT’S LAND MAY HAVE LIEN RIGHTS ON CLIENT’S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN DIRECTLY WITH THE CLIENT OR THOSE WHO GIVE THE CLIENT NOTICE WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS. CLIENT MAY RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE WORK, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. LEVEL HEADED MUDJACKERS AGREES TO COOPERATE WITH THE CLIENT AND THE CLIENT’S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
7. INSURANCE. Owner to carry fire, tornado and other necessary insurance on above work. Level Headed Mudjackers to carry Workmen’s Compensation & Public Liability Insurance.
8. GOVERNING LAW; VENUE. This Agreement shall be construed and governed under the laws of the State of Wisconsin, without application of conflict of law principles. All actions or counterclaims regarding the enforcement or interpretation of this Agreement shall be initiated and prosecuted exclusively in the state court sitting in, or the federal court having jurisdiction over, the county in which the Work was performed. Level Headed Mudjackers and Client both consent to the jurisdiction and venue of such courts and expressly waive objections based on the doctrines of personal jurisdiction and forum non conveniens.