Top Deck will take pride and care of homeowner’s house and yard; however, certain things are
out of our control.
1. ENTIRE UNDERSTANDING: This contract represents the entire understanding of the parties here to. There are no written or oral understanding or representations in addition to or modifying this contract as of the date of signature. Buyer agrees to execute all other document which Top Deck may require to carry out the terms of the contract.
2. SPECIAL COVENANTS OF PURCHASER: The Buyer represents and warrants that he owns the property on which the work is done. Buyer agrees to identify boundary lines when so requested by any of the Top Deck’s agents. Buyer is responsible for appropriate zoning before commencement of the work. Buyer is responsible for the existing structure conforming with dwelling codes, zoning ordinances, or boundary lines will be paid for by the Buyer. Buyer warrants that all necessary surveys and permits for the work can be secured and authorizes Top Deck, on behalf of Top Deck’s sole cost, to obtain same. Buyer agrees by the signing of this contract that Top Deck shall have the right to enter the property by any means necessary at any time or times to commence and complete work without further authority. Buyer also agrees that Top Deck shall do the work described herein without the necessity of the Buyer being present. Buyer agrees that all material not used in the construction always remains the property of Top
Deck. Top Deck shall have the right to enter on the property to obtain or place materials, tools, and supplies. The risk of loss for work and material installed in the structure or premises due to causes beyond Top Deck’s control, and/or beyond Top Deck’s warranty is upon the Buyer. Buyer agrees to supply electrical power and water at job site. Top Deck shall have the right to photograph this project and include it in any of its advertising material without paying Buyer.
3. SUBDIVISION APPROVAL: Customer responsible for subdivision approval if required, although we will work with you to provide needed drawings and material lists.
4. UNKOWN CONDITIONS OF THE PREMISES: Once Top Deck has entered this contract, if Top Deck discovers unusual subsoil conditions or obstructions above or below grades, either of which require a change in work, Top Deck may increase the price of the job as required. If the Buyer fails to disclose to Top Deck any facts which a reasonable Buyer should realize are important to Top Deck and these facts require a change in work, Top Deck may increase the price of the job as required. Any price increase shall be paid by the Buyer at Top Deck’s regular
price, therefore.
5. HAZARDOUS WASTE ON PREMISES: If Top Deck or anyone else discovers on the premises any material or substance which appears to be hazardous, infectious, radioactive or solid waste, or any other environmental or health hazard, including, buy not limited to asbestos lead based paint or radon, or any facilities which appear to be used or intended for the storage or containment of such materials or substances or any apparent unmarked human burial or human skeletal remain, Top Deck may immediately stop work and leave the job until the Buyer notifies the appropriate authorities about such discovery and completes required cleanup, removal, abatement, treatment, containment, or other work through licensed contractors if required and until Top Deck receives necessary approvals from the appropriate authorities to resume work. Further, the Buyer shall indemnity Top Deck against any expenses Top Deck may incur because of compliance with any law or authority regarding such materials, substances, facilities, or remains.
6. UNCONTROLLABLE DELAY: Top Deck agrees to take all reasonable steps to ensure the fulfilment of orders received. Top Deck is not responsible for delay or inability to perform caused by strikes, labor shortages, acts of God, war, riots, shortages of material, weather conditions, public authorities, or other causes or casualties beyond its control or due to Buyer’s conduct.
7. MINOR VARIATIONS (CHANGE ORDERS): Changes requested by the Buyer or required hereunder shall be put in writing and shall be paid by the Buyer in addition to the previously agreed-upon price. Top Deck and Buyer retain all their respective rights and remedies regarding changes. Unless otherwise agreed in writing, all changes are at Top Deck’s regular changes. Unless otherwise agreed in writing, all changes are at the Top Deck’s regular price, therefore. Payment for additional work shall be paid in full on completion of project. Buyer agrees to pay for any additional work not expressly detailed in this contract which may be performed to comply with present state, county, and city plumbing, building, and electrical codes. Buyer further agrees that if the materials specified in the description of work cannot be obtained within a reasonable time period, a substitution of material of substantially equal quantity will be permitted.
8. FAILURE TO TIMELY PAY: The parties agree that (1) Buyer’s failure to make any payment when due or failure to pay the entire remaining balance when a default has been declared shall result in Buyer paying interest on the delinquency at the rate of 18% per year chargeable from date payment was due or default declared. And (2) if Buyer fails to make payment when due under any provisions this contract causes Top Deck to refer this contract to its attorney for collection, Buyer will pay Top Deck’s cost in filing suit for collection, including Top Deck’s attorney fees, all court costs and other litigation expenses which Top deck incurs. If the contract price is not paid in accordance with the terms and condition of this contract, or if the Buyer defaults in the performance of any provisions of this contract, then Top deck reserves the right to stop all work without prejudice to any other rights which it may have in this contract or by law and Top Deck shall have the right to collect the unpaid contract price or the value of its material, services and labor furnished to date. If Buyer fails to make payment as provided herein after 10 days written notice, Top Deck may remove all materials installed pursuant to this contract. Top Deck shall not be liable in any way to the Buyer for the removal of only those materials.
9. SELLER’S LIEN: Top Deck retains all rights under the Illinois mechanic’s lien laws. Top Deck’s acceptance of a note as evidence of debt or his taking of security shall not deprive Top Deck of rights under the Illinois mechanic’s lien law.
10. CLEAN UP: All construction debris to be removed from the job site and the area to be rake/broom clean at completion of the project. Any and all rubbish or salvage removal will be the responsibility of Top Deck, unless otherwise provided for herein. It is agreed that all salvage removed from premises is Top deck’s sole property and the Buyer is to receive no compensation, whatsoever. Although every effort is made, a nail or screw may be overlooked.
11. INSURANCE: Top Deck shall carry all necessary insurance to protect Top Deck employees during the process of the work. Buyer shall obtain or pay for liability insurance against injury to his own employees and persons under Buyer’s direction and persons on the job site at Buyer’s invitation. Buyer is responsible for obtaining the additional coverage required herein.
12. Top Deck responsible for calling in utility locate request. Any other underground lines or pipes, if broke are the responsibility of the homeowner.
13. Composite boards may vary in color, periodically noticeable.
14. Manufacture and lumber mill defects are the responsibility of the manufacture or lumber mill. Top Deck not responsible for labor to replace product deflects.
15. All wood will split, it can also splinter, check, warp, shrink, weather, rot, etc. Top Deck is not
responsible for these occurrences.
16. Our watershed decks have not been tested for a roofing product and are not guaranteed to be leak proof. We do however warranty your frame for 20 years from rot. This warranty is non-
transferable.
17. Lumberock has passed test for slip resistance, but snow or ice can make the deck slippery.
18. Lumberock is a composite made of 80% polyethylene and 20% rock. We recommend taking care of the deck like hardwood floors, put descent pads under furniture and keep abrasives off decking.
19. Often vinyl siding is damaged, we will check at 3 local suppliers and choose the closest match and replace the piece broke, not the entire wall. Also, siding damaged from old railing or deck being installed lower or smaller than existing deck we will either replace siding as above specs or trim with Lumberock.
20. When installing footing through existing concrete patios, cracking beyond the footing is
possible. We will repair, buy not replace the concrete patio.
21. If given permission to drive on lawn, we are not responsible for yard damage.
22. Certain decks, especially if ground is soft and wet, can damage the lawn. Top deck will regrade to the best of our ability, grading quality depends on the wetness of ground. Ultimately the homeowner is responsible for lawn repair.
23. Bottom rail runners are installed with a slight separation between posts to allow for expansion.
24. Timelines are an estimate, jobs will be performed in order received.
25. 4% charge for credit cards.
26. Financing available through Hearth.
27. Payment to be 1/3 at signing, 1/3 at start or frame, and 1/3 upon completion.
28. Top Deck to provide drawings, permit, and pay for permit fee.