⭐ PAVETECH SOLUTIONS – FULL TERMS & CONDITIONS ⭐
(Incorporated by reference into all Agreements and Proposals)
These Terms & Conditions (“Terms”) govern all pavement maintenance, preservation, and related services provided by PaveTech Solutions, Inc. (“Seller”) to any customer, property owner, tenant, manager, business, or authorized representative (“Buyer”). Services include, but are not limited to, sealcoating, crack filling, patching, infrared repair, overlays, striping, pavement markings, surface treatments, and related maintenance work.
These Terms are expressly incorporated by reference into all proposals, estimates, contracts, work authorizations, invoices, and agreements issued by Seller. Acceptance of any proposal, authorization of work, request for services, or payment of any invoice constitutes acceptance of these Terms, whether or not a separate written agreement is executed.
In the event of any conflict between these Terms and any proposal, estimate, invoice, or agreement, these Terms shall control.
1. ACCEPTANCE, AUTHORITY & PERSONAL GUARANTEE
Buyer acknowledges that Buyer has read, understands, and agrees to these Terms. Buyer represents and warrants that Buyer has full legal authority to authorize work and bind the property owner, resident, business, or corporate entity.
If Buyer is not the titled property owner, Buyer personally guarantees payment and performance and is jointly and severally liable for all obligations.
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. SCOPE OF WORK & ESTIMATES
All work is based on an estimated scope derived from visible surface conditions and information provided by Buyer.
Pavement maintenance is limited to surface-level preservation and does not constitute structural reconstruction unless expressly stated in writing.
Actual site, subsurface, subgrade, drainage, access, utility, and regulatory conditions may differ materially.
Seller may adjust scope, quantities, materials, methods, sequencing, and pricing as conditions become known.
Sketches, layouts, quantities, and measurements are for reference only and are not contract documents.
Minor deviations do not constitute a breach.
Seller may subcontract portions of the work at its discretion.
3. SCHEDULING, DELAYS & FORCE MAJEURE
All schedules and completion dates are estimates only.
Seller is not liable for delays caused by weather, temperature, humidity, permitting, inspections, material shortages, labor availability, subgrade conditions, third-party interference, governmental action, natural events, or circumstances beyond Seller’s control.
Seller may suspend, reschedule, or cancel work due to uncontrollable events without liability.
4. BUYER RESPONSIBILITIES & DUE DILIGENCE
Buyer bears sole responsibility for due diligence, including inspections, surveys, testing, engineering, planning, and regulatory compliance.
Seller is not an inspector, engineer, surveyor, soil scientist, or consultant.
Permitting, surveying, testing, engineering, and planning services are excluded unless expressly stated in writing.
Unless otherwise agreed, Buyer is responsible for:
5. CHANGES, EXTRAS & AUTHORIZATION
Unforeseen conditions may require additional work.
Buyer pre-authorizes Seller to adjust scope and pricing as reasonably necessary to complete the work safely and properly.
Buyer agrees that additional charges of up to one hundred fifty percent (150%) of the original contract value may be incurred without a written change order when required by unforeseen site conditions, safety concerns, or regulatory requirements.
Subgrade amendments, hauling, disposal, pumping, conveying, craning, heating, protection of materials, or specialty access are excluded unless expressly stated.
6. ACCESS, UTILITIES & PROPERTY CONDITIONS
Seller requires access for trucks, heavy equipment, and personnel and is not liable for damage caused by normal access or operations.
Buyer must identify underground utilities, structures, or hazards in writing prior to work.
Buyer bears responsibility for damage to unmarked, inaccurately marked, or undisclosed utilities or structures.
7. PAYMENT, DEFAULT, ENFORCEMENT & ENFORCEMENT-RELATED DISPUTE TERMS
7.1 Payment Obligations; Time of the Essence
All invoices are due upon receipt unless otherwise expressly agreed in writing by Seller. A seven (7) calendar-day grace period is provided solely for payment delivery and processing.
Time is of the essence with respect to all payment obligations.
7.2 Interest on Late Payments
Any amount not paid in full within the grace period accrues interest at twenty-four percent (24%) per annum, or the maximum rate permitted by applicable law, whichever is less, calculated from the original invoice date until paid in full.
7.3 Late Account Administration Fee
Any invoice unpaid after the grace period incurs a late account administration fee of $200.00 per week, assessed weekly beginning on Day 8 after the original invoice date. These fees represent reasonable administrative costs, constitute liquidated damages (not a penalty), and accrue whether or not separately invoiced.
Seller may waive or reduce fees at its discretion without waiver of rights or precedent.
7.4 Material Default
Any invoice unpaid fourteen (14) calendar days after the original invoice date constitutes Material Default and a material breach of contract.
7.5 Default Escalation Administration Fees
In addition to interest and weekly fees, the following one-time administration fees apply automatically:
7.6 Suspension or Termination of Work
Upon Material Default or non-payment, Seller may immediately suspend or terminate work without liability.
All payments are non-refundable.
Buyer is responsible for all remobilization costs, delays, and price escalations.
7.7 Acceleration of Amounts Due
Upon Material Default, Seller may declare all outstanding amounts owed, whether invoiced or not, immediately due and payable.
7.8 No Withholding; Pay First, Dispute Later
Buyer shall not withhold, offset, delay, or reduce payment for any reason, including disputes, defects, or claims.
Payment obligations are absolute and unconditional.
7.9 Transfer to Counsel; Collection Costs
Buyer agrees to pay all costs of collection and enforcement, including attorney fees, court costs, expert fees, administrative expenses, and lien-related costs.
7.10 Lien Rights Preserved
Seller retains all statutory and contractual lien rights whether or not a lien is ultimately filed.
7.11 Application of Payments
Payments apply in the following order: interest, fees, principal.
7.12 No Waiver
No action or inaction by Seller constitutes a waiver of any right or remedy.
8. DISPUTE RESOLUTION
8.1 Governing Law & Venue
These Terms are governed by the laws of the State of Wisconsin.
Venue and jurisdiction are fixed exclusively in Outagamie County, Wisconsin, unless mandatory lien statutes require otherwise.
8.2 Optional Mediation
At Seller’s sole discretion, the parties may attempt non-binding mediation.
Mediation does not delay payment obligations or suspend enforcement rights.
8.3 No Stay of Payment
No dispute, claim, mediation, or proceeding suspends Buyer’s obligation to pay amounts due in full and on time.
8.4 Prevailing Party
The prevailing party is entitled to recover all attorneys’ fees, costs, and expenses to the fullest extent permitted by law.
9. PERFORMANCE STANDARDS & PAVEMENT CHARACTERISTICS
Pavement maintenance and sealcoating are not precision products.
Thickness is measured as an average.
Variations, cracking, color differences, texture variation, seams, tracking, and surface imperfections are normal and not defects.
Perfection is expressly disclaimed.
10. WARRANTY (LIMITED & NON-TRANSFERABLE)
Materials and workmanship will meet basic industry standards at the time of installation.
Warranty excludes wear, weather, aging surfaces, subsurface or subgrade deficiencies, drainage issues, chemical exposure, de-icing agents, improper use, overloading, misuse, and unauthorized repairs.
No implied warranties apply.
11. DEFECTS & RIGHT TO CURE
Defects must be reported in writing within forty-eight (48) hours of invoice and substantiated by written expert reports within two (2) weeks.
Seller retains a two-year right to cure.
All invoices must be paid in full before warranty consideration.
12. LIMITATION OF LIABILITY
Seller’s liability is limited to direct damages only.
Seller is not liable for consequential, incidental, or punitive damages.
13. INDEMNIFICATION
Buyer shall indemnify and hold Seller harmless from claims arising from Buyer’s breach, negligence, recklessness, or intentional acts.
14. CONFIDENTIALITY
These Terms are confidential and proprietary.
Unauthorized use or distribution is prohibited.
© 2026 PaveTech Solutions, Inc. All rights reserved.
These Terms are expressly incorporated by reference into all proposals, estimates, contracts, work authorizations, invoices, and agreements issued by Seller. Acceptance of any proposal, authorization of work, request for services, or payment of any invoice constitutes acceptance of these Terms, whether or not a separate written agreement is executed.
In the event of any conflict between these Terms and any proposal, estimate, invoice, or agreement, these Terms shall control.
1. ACCEPTANCE, AUTHORITY & PERSONAL GUARANTEE
Buyer acknowledges that Buyer has read, understands, and agrees to these Terms. Buyer represents and warrants that Buyer has full legal authority to authorize work and bind the property owner, resident, business, or corporate entity.
If Buyer is not the titled property owner, Buyer personally guarantees payment and performance and is jointly and severally liable for all obligations.
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. SCOPE OF WORK & ESTIMATES
All work is based on an estimated scope derived from visible surface conditions and information provided by Buyer.
Pavement maintenance is limited to surface-level preservation and does not constitute structural reconstruction unless expressly stated in writing.
Actual site, subsurface, subgrade, drainage, access, utility, and regulatory conditions may differ materially.
Seller may adjust scope, quantities, materials, methods, sequencing, and pricing as conditions become known.
Sketches, layouts, quantities, and measurements are for reference only and are not contract documents.
Minor deviations do not constitute a breach.
Seller may subcontract portions of the work at its discretion.
3. SCHEDULING, DELAYS & FORCE MAJEURE
All schedules and completion dates are estimates only.
Seller is not liable for delays caused by weather, temperature, humidity, permitting, inspections, material shortages, labor availability, subgrade conditions, third-party interference, governmental action, natural events, or circumstances beyond Seller’s control.
Seller may suspend, reschedule, or cancel work due to uncontrollable events without liability.
4. BUYER RESPONSIBILITIES & DUE DILIGENCE
Buyer bears sole responsibility for due diligence, including inspections, surveys, testing, engineering, planning, and regulatory compliance.
Seller is not an inspector, engineer, surveyor, soil scientist, or consultant.
Permitting, surveying, testing, engineering, and planning services are excluded unless expressly stated in writing.
Unless otherwise agreed, Buyer is responsible for:
- Permits and approvals
- Utility locating and marking
- Drainage and water management
- Erosion control
- Site preparation and protection
5. CHANGES, EXTRAS & AUTHORIZATION
Unforeseen conditions may require additional work.
Buyer pre-authorizes Seller to adjust scope and pricing as reasonably necessary to complete the work safely and properly.
Buyer agrees that additional charges of up to one hundred fifty percent (150%) of the original contract value may be incurred without a written change order when required by unforeseen site conditions, safety concerns, or regulatory requirements.
Subgrade amendments, hauling, disposal, pumping, conveying, craning, heating, protection of materials, or specialty access are excluded unless expressly stated.
6. ACCESS, UTILITIES & PROPERTY CONDITIONS
Seller requires access for trucks, heavy equipment, and personnel and is not liable for damage caused by normal access or operations.
Buyer must identify underground utilities, structures, or hazards in writing prior to work.
Buyer bears responsibility for damage to unmarked, inaccurately marked, or undisclosed utilities or structures.
7. PAYMENT, DEFAULT, ENFORCEMENT & ENFORCEMENT-RELATED DISPUTE TERMS
7.1 Payment Obligations; Time of the Essence
All invoices are due upon receipt unless otherwise expressly agreed in writing by Seller. A seven (7) calendar-day grace period is provided solely for payment delivery and processing.
Time is of the essence with respect to all payment obligations.
7.2 Interest on Late Payments
Any amount not paid in full within the grace period accrues interest at twenty-four percent (24%) per annum, or the maximum rate permitted by applicable law, whichever is less, calculated from the original invoice date until paid in full.
7.3 Late Account Administration Fee
Any invoice unpaid after the grace period incurs a late account administration fee of $200.00 per week, assessed weekly beginning on Day 8 after the original invoice date. These fees represent reasonable administrative costs, constitute liquidated damages (not a penalty), and accrue whether or not separately invoiced.
Seller may waive or reduce fees at its discretion without waiver of rights or precedent.
7.4 Material Default
Any invoice unpaid fourteen (14) calendar days after the original invoice date constitutes Material Default and a material breach of contract.
7.5 Default Escalation Administration Fees
In addition to interest and weekly fees, the following one-time administration fees apply automatically:
- 14 days: Material Default Administration Fee – $250
- 21 days: Collections Administration Fee – $500
- 30 days: Lien Process Administration Fee – $1,000
- 60 days: Litigation Administration Fee – $2,000
7.6 Suspension or Termination of Work
Upon Material Default or non-payment, Seller may immediately suspend or terminate work without liability.
All payments are non-refundable.
Buyer is responsible for all remobilization costs, delays, and price escalations.
7.7 Acceleration of Amounts Due
Upon Material Default, Seller may declare all outstanding amounts owed, whether invoiced or not, immediately due and payable.
7.8 No Withholding; Pay First, Dispute Later
Buyer shall not withhold, offset, delay, or reduce payment for any reason, including disputes, defects, or claims.
Payment obligations are absolute and unconditional.
7.9 Transfer to Counsel; Collection Costs
Buyer agrees to pay all costs of collection and enforcement, including attorney fees, court costs, expert fees, administrative expenses, and lien-related costs.
7.10 Lien Rights Preserved
Seller retains all statutory and contractual lien rights whether or not a lien is ultimately filed.
7.11 Application of Payments
Payments apply in the following order: interest, fees, principal.
7.12 No Waiver
No action or inaction by Seller constitutes a waiver of any right or remedy.
8. DISPUTE RESOLUTION
8.1 Governing Law & Venue
These Terms are governed by the laws of the State of Wisconsin.
Venue and jurisdiction are fixed exclusively in Outagamie County, Wisconsin, unless mandatory lien statutes require otherwise.
8.2 Optional Mediation
At Seller’s sole discretion, the parties may attempt non-binding mediation.
Mediation does not delay payment obligations or suspend enforcement rights.
8.3 No Stay of Payment
No dispute, claim, mediation, or proceeding suspends Buyer’s obligation to pay amounts due in full and on time.
8.4 Prevailing Party
The prevailing party is entitled to recover all attorneys’ fees, costs, and expenses to the fullest extent permitted by law.
9. PERFORMANCE STANDARDS & PAVEMENT CHARACTERISTICS
Pavement maintenance and sealcoating are not precision products.
Thickness is measured as an average.
Variations, cracking, color differences, texture variation, seams, tracking, and surface imperfections are normal and not defects.
Perfection is expressly disclaimed.
10. WARRANTY (LIMITED & NON-TRANSFERABLE)
Materials and workmanship will meet basic industry standards at the time of installation.
Warranty excludes wear, weather, aging surfaces, subsurface or subgrade deficiencies, drainage issues, chemical exposure, de-icing agents, improper use, overloading, misuse, and unauthorized repairs.
No implied warranties apply.
11. DEFECTS & RIGHT TO CURE
Defects must be reported in writing within forty-eight (48) hours of invoice and substantiated by written expert reports within two (2) weeks.
Seller retains a two-year right to cure.
All invoices must be paid in full before warranty consideration.
12. LIMITATION OF LIABILITY
Seller’s liability is limited to direct damages only.
Seller is not liable for consequential, incidental, or punitive damages.
13. INDEMNIFICATION
Buyer shall indemnify and hold Seller harmless from claims arising from Buyer’s breach, negligence, recklessness, or intentional acts.
14. CONFIDENTIALITY
These Terms are confidential and proprietary.
Unauthorized use or distribution is prohibited.
© 2026 PaveTech Solutions, Inc. All rights reserved.
