The following Terms and Conditions apply to ALL INSTALLATIONS and form part of a binding contract between the person or entity accepting the Quote on the reverse side of this document (“you”) and J & S Paving, Inc. (“J&S,” “us,” or “we.”)

INSTALLATION:

1) All dimensions are approximate. A tolerance of at least 3 in/10 linear ft in all dimensions is allowed except where installed asphalt is in contact with existing paving or structure, which shall be joined to a reasonable tolerance. We don’t use forms unless specified in the quote: edges may be slightly irregular/not perfectly parallel.
2) You must provide garage/building access with at least 6 feet of clearance for the asphalt roller. If you cannot provide adequate clearance for the roller, we will proceed as you direct but dips may form where the roller has to stop. Dips due to necessary roller movement will not be considered defects in the installation.

3) It is your responsibility to trim back or remove bushes or other landscaping. Any defect in the installation caused by interference from landscaping is your responsibility.
4) The roller must move in and out of garages/buildings when installed asphalt is near or in direct contact with them. Damage to building floor coatings is possible.
5) We may bring equipment and trucks over existing surfaces during installation if required to complete the job as you direct. We are not responsible for any damage to property, sidewalks or existing paths. Repairs to poorly constructed or cracked sidewalks, including city/municipal sidewalks and private sidewalks, etc. are your responsibility.
6) The job parameters are as set forth on the Quote. Changes after the Quote is accepted will be accepted at our sole discretion.

WARRANTY:

1) Except for the exclusions below, we warrant that the installed asphalt will be reasonably usable for its intended purpose for a period of one year from the date of installation. Any defects related to our installation will be corrected by us at no cost to you.
2) We will make reasonable efforts to point out any defects in your gravel base. If you don’t correct such defects or there are defects in the base which were not reasonably detectable by us before installation, including but not limited to the gravel base not being up to applicable code(s,) this warranty will be VOID.

3)  Deterioration caused by faulty asphalt provided by an independent asphalt plant is not covered by the warranty. Claims will be made to asphalt supplier.

4)  Surface textures will vary and will change with time and weathering. No warranty is made as to surface texture other than as reasonably required for the surface to be used for its intended purpose.
5) Surfaces may not be perfectly flat or level. No warranty is made as to surface flatness or levelness other than as reasonably required for the surface to be used for its intended purpose.
6) Poor water drainage due to less than 2% grade is not covered by the warranty.
7) Cracking due to driving cars, lawn equipment, or other vehicles or loads off the edges of the asphalt is not covered by the warranty.

8)  Cracking due to lack of proper backfill is not covered by the warranty.

9)  Settling due to leaving vehicles, trailers or other loads in the same spot for extended periods of time is not covered by the warranty.
10) Shifting, settling, or cracking caused by ground movement, including but not limited to ground movement from water freezing and thawing or gutter downspouts draining near the asphalt, is not covered by the warranty.

PAYMENT:

1) If the Quote includes a deposit, the deposit must be paid before installation can be scheduled. Deposits are non-refundable unless we are unable to complete the installation.

2)  Payment is due as specified on the Quote. If the Quote does not specify, payment is due in full upon job completion.

3)  If you cancel the job after approving the Quote but before installation is scheduled, a $300 cancellation fee shall apply.

4)  You agree that if you cancel a scheduled installation because we will not accept later change requests, you will pay us a cancellation / preparation / materials fee of 50% of the price on the Quote or $1,000.00, whichever is less.
5) Failure to pay within thirty days of the day payment is due shall incur a $100.00 accounting fee. Simple interest at 1% per month or fraction of a month shall also apply to any payment more than thirty days late. Waiving fees and interest for any individual Quote shall not waive fees and interest for any other Quote.

DISPUTES:

1) You agree that any dispute regarding the installation or payment for the installation will be settled by binding arbitration performed in DuPage County, Illinois before an arbitrator certified by the American Arbitration Association or otherwise agreed to by both you and J&S. You explicitly agree to such arbitration and to participate in such arbitration in good faith.
2) You agree that if arbitration is not available or does not succeed, any legal action related to the installation or payment for the installation shall take place in the courts of DuPage County, Illinois. You explicitly agree to the jurisdiction of such courts and to participate in such legal action in good faith.

You agree that if we have to seek arbitration or take legal action to obtain payment, and a court or arbitrator orders you to pay us, you will pay all related costs, including attorney’s fees & costs of the lawsuit or arbitration.