STANDARD TERMS AND CONDITIONS OF SALE

Agreement to Terms

By using our services and purchasing from Custom Epoxy Surfacing (CES), you agree to the following terms and conditions.


Thank You for trusting in Custom Epoxy Surfacing to work on your project! We believe in providing clear expectations and being as transparent as possible with our customers. This is document is designed to set clear expectations on how we can effectively work together and deliver the best finished project. As we work together, your point of contact will be Brandon, he can be reached at (469) 629 9935 and my his email is info@customepoxysurfacing.com.


Permits

 All permits or applicable certificates for any construction work should be handled by the owner or General Contractor  


Scheduling and Standard Terms

 Projects are placed on the schedule when we receive official notice to schedule via Purchase Order, Contract, Deposit, or the Signed Agreement has been received . Our installation price assumes normal day-time, weekday business hours with normal working conditions. We can accommodate odd hours or weekends with a premium.  Work that must be completed on a Saturday or on overtime of our team is at a 15% premium. Work that must be completed on a Sunday is at a 30% premium. Night work for second or third shifts is at least a 30% premium. Normal working conditions exclude, but are not limited to, the following: prevailing wage, union wage, certified payroll, mandatory work stoppages, operational delays.


Prior to our arrival:

  1. The space should be empty. No trim. No doors. CES is not held responsible if epoxy gets on any areas other than floor
  2. The space needs to be well lighted. 
  3. We may need access to water. Additionally, we need a space to empty water or slurry waste. 
  4. Dust control is handled with dry concrete vacuums. We value being Clean, and Organized. However, the nature of our work is dusty. We recommend doing a deep clean of the space after we finish any of our coatings 
  5. We recommend curing the concrete for 30 days before proceeding with our coatings. Any slab shrinkage from additional curing is the responsibility of the owner or concrete contractor. 
  6. Decorative concrete coating is a variable process with variable results. These results are the desired characteristics of using decorative concrete coatings. Every floor will be unique and can vary from sampling. 
  7. Metallic FLOOR COATINGS The space MUST be air conditioned and temperature-controlled before the application. Successful installation typically requires the slab moisture to be below 80 RH. All our metallic coatings must a moisture mitigation system. 
  8. Moisture readings in concrete can change based on a variety of factors. DUST We use the best in vacuum and HEPA filter technology available to minimize our own exposure to concrete dust, as well as keep the job as clean as possible. We will also work in a way to meet OSHA’s 2017 standard for silica dust. During all dry grinding steps, an appropriate vacuum will be connected to the grinder. There will be no ‘clouds of dust’. Inevitably, there will be traces of dust in the environment when we leave. We recommend a good cleaning or hiring a cleaning crew once we finish. We like to work Neat, Clean, and Organized – but construction is a messy business. If you have HVAC openings to collect air and distribute to other parts of your building, we recommend you cover these while we work. If your project requires extensive dust control measures; for example, work to be done in phases in an open area, please ask your project leader about our DUST CONTROL PACKAGE which includes additional dust control measures such as temporary enclosures and air scrubbers. We have worked in medical prototype rooms, food manufacturing, operational kitchens, and operational hospitals – we can make it work. Unless noted on your bid this additional package is over and above normal work pricing. 

Changes to work

Unless noted, the proposal is based upon one set-up and completing work in its entirety. There are additional fees if this cannot be accommodated. If additional work is to be done while we are on-site beyond the current contract or scope, this work will be billed at the end of the project, or as part of the progress payments via change orders. REPAIRS Unless noted on the proposal, an estimated repair budget for the flooring is to be carried by the general contractor or owner. Repairs to concrete floors are typically unknown until the first cut is complete. These repairs may include the patching of pop-outs, cutting extrusions from concrete, cutting and filling cracks or joints, or any additional repair or prep work needed to achieve the desired finish. Unless noted otherwise, we will keep track of our time and material and bill accordingly. Please address damages with your On-Site Team Leader. We will not laser check, or check floors with a level before beginning installation. We expect all floors to be within normal concrete standards of less than ¼” difference in 10’.

 

Cosmetic Filler

 Additional tooling outside the normal scope of grinding will be added to the final invoice. I.E. Medium bond grinding pucks do not properly cut the concrete to ensure a lasting floor. The cost of the new pucks will be added to the final invoice. 


Warranty


We offer a 2-year warranty all-inclusive warranty on installation. Please see manufacturer warranty product information for their additional warranty. All work done to your concrete surface is a topical type treatment. We cannot change the inherent concrete characteristics of slab movement, shrinkage, cracking, curling, or scaling. Yes, concrete can move and shrink. Concrete creates a strong and durable floor, but it is not indestructible. For work being completed with a specified manufacturer by the Architect or GC, our warranty covers our defects against workman ship installation, and labor.  Cost of material is covered by the homeowner.  If construction will continue after we leave, we recommend the installation of a protective board, such as "Ram Board". All continuing care and maintenance is the responsibility of the end-user. Care and Maintenance instructions will be provided upon completion and can also be found on our website under ‘Resources.’ We also offer floor buffing, conditioning, and re-sealing treatments. No need to replace your floor. We can ‘refresh’ them. Limitations: The warranty does not cover normal wear and tear, moisture or mildew, fire, severe weather, accidental or intentional damage, vandalism, or other causes beyond CES's control. Liability is limited to two (2) times the aggregate amounts paid or payable to CES.

Foreign Object/Rodent Clause

 You are responsible for ensuring no foreign objects fall into/on the epoxy before it dries. CES is not responsible for items such as rodents, dirt, dust, hair, or prints becoming stuck in the epoxy.


Invoice Payment Terms

  1. If the deposit is received on the same day as the bid is sent to the customer, a 5% discount may be applied.
  2. Methods: Payments must be made in US dollars by cash, credit/debit card, or Money Order. Credit/Debit card payments incur a 3.1% service fee.
  3. Payment Structure: Unless specified in writing, a non-refundable deposit is due to secure a spot on the schedule. 25% of the total amount is due upon the arrival of the first day of work, with the final 25% due upon completion.
  4. If the job site is not prepared prior to our arrival, a fee of $1200 will be applied for each day the site is not ready, and this fee must be paid before work commences. Additionally, we do not move items; job sites are to be cleared by Business Staff, Homeowner, or General Contractor prior to our arrival.
  5. If CES moves items from the job site for any reason, a minimum fee of $500 will be due immediately. CES and its insurance are not responsible for lost, misplaced, or damaged items.
  6. Free Range of Artistic Freedom: We reserve the right to withdraw from the job, and in such cases, the deposit and all items related to the job are forfeited by the customer. Customer negatively treats, speaks, acts its employees or micromanages and CES deems said behavior to affect the outcome of the artistic design of the substrate. 
  7. Payment not made within 5 business days-Penalty fee of 5% of the total job amount per day may be incurred until paid in full.
  8. Our invoices are payable within 5 working days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, CES reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. CES will be authorized to suspend any provision of services without prior warning in the event of late payment. If a payment is still outstanding more than sixty (60) days after the due payment date, CES reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.



Disclaimer

Slip and Fall Precautions: CES incorporates slip-resistant aggregate in all coatings or flooring systems exposed to wet, oily, or greasy conditions. However, compliance with OSHA and ADA standards is your responsibility.

Moisture Vapor Emissions Precautions: You are responsible for making informed decisions regarding vapor/moisture barriers. The warranty is void if such barriers are not used.

Liability: CES is not responsible for incidental damage to your items or negligent acts by others while items are in CES's possession.

If any legal matters occur, it is the responsibility of the homeowner to file the required notice as described by Texas State law and to file said grievance  in the Tarrant Count court system. 

Use of Project Surfaces: Surfaces must be lightly used for the first three days and will fully cure in 14 days.


Additional Work

Addendums: All terms of this contract apply to additional work performed by mutual written agreement unless specifically noted otherwise.

Client's Standard Terms Waiver

You explicitly waive your own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. Any derogation must be expressly agreed to in advance in writing.

Withholding at Source

Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can CES become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to CES in its entirety and does not include any costs relating to the legislation of the country in which the client is located.

Performance of Services

CES undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. CES cannot under any circumstances be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.

Claims

In order for it to be admissible, CES must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.

Governing Law

All our contractual relations will be governed exclusively by United States law. All legal matters will be held under the jurisdiction of Tarrant County in Texas.

Definitions

Threshold Seal (TS): A rubber seal placed on the ground where the garage door closes, blocking wind, dirt, debris, and water, aiding in utility costs, and providing a professional appearance.

Stem Wall: The vertical concrete piece below the drywall but above the floor. Options include leaving it as is, painting, or flaking it to match the floor, with potential transparency or flake adhesion issues.

Acid Washing Before Diamond Grind: Required when the concrete is too hard for grinding. CES uses a Mohs' Hardness test kit to determine concrete hardness. Acid washing and subsequent diamond grinding are necessary to ensure proper epoxy bonding.

Bubble Protection/Vapor/Moisture Barrier: Recommended for all epoxy floors. Testing for moisture levels may include taping plastic to the substrate and possibly core drilling.

Cosmetic Filling: Necessary for cracks or chips that may hinder appearance or epoxy application. Fees apply for patching, with immediate payment required.

Back Fill: Used to level surfaces with extreme low points to prevent puddling and mismatched sheen.

Shipping and/or Disposal of Hazmat products: Charges apply for ordering and shipping products.