Up To 12% Discount New Construction in March only
1. TIME FOR PERFORMANCE: DEWSON GROUP LLC, hereinafter referred to as The Company will not be
responsible for any delay or delays that are indirectly, result from, or contributed to by, the Customers failure to perform its obligations
hereunder, or by any cause beyond Company’s reasonable control, including but not limited to, fire, flood, or other act of god: strike
or other labor disagreements; acts or requirements of governmental or other civil actions: riot, war, embargo, shortage of labor,
materials, or energy. If equipment, materials, personnel, or supplies remain on customers site at Customers request during such a
period delay, invoices will be rendered in accordance with the description of work set forth herein (the Scope of Work), and customer
will also pay the Company for all extra costs and expenses by the company.
Balance due upon completion of the project and prior to final inspection or per a separate signed schedule due prior to breaking ground.
2. REPRESENTATIONS AND WARRANTIES OF THE COMPANY: The Company shall perform the Services in
material conformance with all applicable local, state, and federal laws, regulations, and guidelines in conformance with Company’s
scope of work.
3. EXCLUSION OF OTHER REPRESENTATIONS AND WARRANTIES: THE REPRESENTATIONS AND WARRANTIES
GIVEN IN PARAGRAPH 2 ARE THE ONLY REPRESENTATIONS AND WARRANTIES GIVEN BY THE
COMPANY WITH RESPECT TO THE SERVICES TO BE PERFORMED IN CONNECTION HEREWITH AND ARE IN LIEU OF
ALL OTHER REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF REMEDIES: In the event of the Company’s liability, whether based on contract, tort (including, but
not limited to, negligence, strict liability, or otherwise), customers sole and exclusive remedy will be limited to, at the Company’s
portion, replacement, or correction of any Services not in conformance with Company’s scope of work or these Terms and
Conditions, or the repayment of the portion of the purchase price paid by Customer attributable to the nonconforming Services. THE
COMPANY WILL NOT BE LIABLE FOR ANY OTHER DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL OR OTHERWISE, AND IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE PRICE PAID
FOR THE NONCONFORMING SERVICES.
5. LIMITATIONS OF LIABILITY: The Company shall not be liable for any liabilities, claims, demands, expenses, or losses
incurred by the customer or other parties as a result of any claim, suit, or proceeding based on (i) changes in applicable laws or
regulations after Company’s services are completed; (ii) acts or occurrences outside the Scope of the services; (iii) release of toxic
materials or hazardous substances to the equipment which are not a result of the
6. TERMS AND METHODS OF PAYMENT: Unless otherwise agreed in writing, itemized invoices will be submitted for payment
to Customer either (i) every week or (ii) upon completion of the Services whichever time is the lesser.
(a) All invoices are due and payable upon receipt
(b) All payments received fifteen (15) days after the invoice date will be assessed a late payment service charge of 18 % per
annum. All payments received will be applied first to unpaid late payment service charges then to the invoice balance.
(c) The Company may, at any time, suspend performance of its services, or require security or other adequate assurance
satisfactory to the Company, when in the Company’s opinion the financial condition of Customer or other grounds for insecurity
warrant such action.
7. DELINQUENT PAYMENTS: In the event, Customer fails to make any payment when due, the Customer shall pay, in addition
to all other sums payable hereunder, the reasonable costs and expenses incurred by the Company in connection with all actions taken
to enforce collection or to preserve and protect its rights hereunder, whether by legal proceedings or otherwise, including, without
limitation, reasonable attorneys’ fees, and court costs.
8. CLAIMS: Unless otherwise agreed in writing, claims relating in any way to any portion of the Company’s services must be
made promptly within two (2) days after such services are performed and must be confirmed in writing within five (5) days thereafter.
In no event shall Customer hold back payment for invoices during any period such claims are pending.
9. CANCELLATION POLICY AND REFUNDS: If a customer decides to cancel a job or project prior to the actual work
commenced, Company shall be entitled to all costs associated with the project up to and until a written cancellation notice is received.
The remaining balance of any deposit after said costs are set-off will be returned to the customer within 45 business days.
10. TAXES: Unless otherwise agreed in writing, Customer shall be responsible for all sales, use, excise, or other tax.
11. APPROVALS, PERMITS, LICENSES, ETC.: Unless otherwise agreed upon in writing Customer shall be responsible for securing, at its expense all necessary permits, approvals, easements, and judicial and/or administrative orders to enable the Company to
perform the Services.
12. SITE CONDITIONS: Customer shall furnish the following information to the Company with the respect to the site on which
the Company’s services are to be performed (the “Site”): (i) the physical characteristics (ii) soil reports and subsurface investigations;
(iii) legal limitations and restrictions; (iv) utility locations; (v) legal description and survey; (vi) other reports or documents which
maybe reasonably requested by the company. Customer shall also advise the Company of any special chemical or physical hazards
associated with the Site and materials to be handled by the Company in the performance of its services.
13. UTILITIES: Unless otherwise agreed in writing, Customer shall provide, at its expense, all utilities necessary to perform
14. WASTES: All wastes resulting from the performance of the Company’s services shall remain the property of the Customer. The
The company assumes no liability arising from the pumping, handling, storage, transportation, or disposal of such wastes unless otherwise
agreed in writing. In performance of its Services, the Company assumes no responsibility for waste materials or contamination
located on the Customer’s Site.
(a) Customer shall indemnify and hold Company harmless against any and all liabilities, claims, demands, expenses, or losses
resulting from (i) the performance of the Company’s services in compliance with the Customer’s instructions or specifications, (ii) the
negligent or intentional acts or omissions of Customer, it’s employees, officers, agents, directors or subcontractors, (iii) release of toxic
materials or hazardous substances to the environment which are not a result of the gross negligence or willful misconduct of the
Company; or (iv) failure of Customer to obtain required permits, licenses, approvals, easements, or order as herein required.
(b) The Company shall indemnify and hold Customer harmless against any and all liabilities, claims, demands, expenses, or
losses resulting for the negligent or intentional acts or omissions of the Company, its employees, officers, agents, directors or
subcontractors; provided, however, that the amount of such indemnification is limited to the price of the services which give rise to the
claim for indemnification.
16. CHANGE ORDERS:
(a) Any changes in Company’s scope of services as set forth in Company’s scope of work set forth hereon shall be submitted to
Client in writing and terms shall be reviewed and approved by Client based on discussions between the customer and company as
soon as possible in order to prevent any additional damage, costs, and delays to the project. If the client cannot be reached to review the
and approve the necessary change order, Company will move forward with the repairs as needed and the Client shall be responsible for all
costs incurred to comply with the building codes and requirements for the inspection approval from the corresponding building
(b) In the event of an emergency affecting the safety of persons or property, the Company shall act in its own discretion, to
prevent threatened damage, injury or loss. Within five (5) days after taking such action, the Company shall supply a detailed report to
Customer which shall specify the emergency, the action is taken, and such other information as the Company shall reasonably feel is
necessary to fully explain the emergency. The Company shall invoice Customer, and Customer shall pay for all extra costs incurred by
the company in the event of such emergency unless such emergency was caused by the gross negligence or willful misconduct of
17. INDEPENDENT CONTRACTOR: Company shall perform its Services in accordance with the scope of work as approved by
Customer. Customer shall have no right to exercise any control or direction over the employees or agents of the Company in
connection with the services. Neither party shall have authority (i) to employ any person as agent or employee for or on behalf of the
other party or (ii) to make any representations or assume or create any obligation, expressed or implied, on behalf of the other party.
18. ENTIRE AGREEMENT: It is hereby further understood and agreed that the express terms of the Company’s scope of work and
the Company’s Terms and Conditions constitute the entire agreement between Customer and Company and there are no other
agreements, representations, or understandings between Company and Customer relating to the scope of work or the Services to be
performed by the Company in accordance therewith, and that all agreements, representations, and understandings of the parties with
the respect to the Services to be performed by the Company are merged with and superseded the terms of the scope of work and these
Terms and Conditions. No provisions of the Company’s scope of work or the Company’s Terms and Conditions may be waived,
altered, or modified in any manner unless the same shall be set forth in writing and signed by duly authorized officer of Company. In
the event that any purchase order, requisition, or provision, term or condition which is in addition to or inconsistent with any
provisions herein, no inconsistent provision, terms, or conditions shall be deemed to have been tacitly accepted by the Company by
reason of the Company’s commencement of Services pursuant to any such purchase order, requisition, or other authorization to
proceed. The Company’s Terms and Conditions shall supersede any such purchase order, requisition, or other authorization to proceed.
19. GOVERNING LAW: It is expressly agreed and stipulated that this contract shall be deemed to have been made and to be
performed in the State of Florida, and all questions concerning the validity, interpretation, or performance of any of its terms or
provisions, or of any rights or obligations of the parties hereto shall be governed by and resolved in accordance with the laws of said
State. The parties hereto agree that any suit, dispute, or action brought pursuant to this agreement shall be brought exclusively in the
Ninth Judicial Circuit Court of the County of Orange in the State of Florida.