Privacy & Terms
1. COMPENSATION. Midwest Polyfoam is providing an estimate based on the scope of work represented by the customer (the “Client”). Client shall pay Midwest Polyfoam as set forth in the estimate. The price set forth in the estimate (the “Price”) is subject to change, with Client’s approval, if the void under the slab is greater than anticipated. If the scope of work is not as represented by the Client, and the Client does not agree to a change in Price upon Midwest Polyfoam’s reasonable request, Midwest Polyfoam will be relieved of its obligations hereunder. If Midwest Polyfoam’s crew is turned away from the jobsite or less than 24 hour prior cancelation notification is given, Client will be responsible for payment to Midwest Polyfoam of $100.
2. INVOICING & PAYMENT. Midwest Polyfoam shall invoice Client upon completion of the work (the “Work”). Client shall pay the invoice within 10 days of Client’s receipt of the invoice. Client shall also pay to Midwest Polyfoam a late charge at the lesser of 1.5% per month or the highest rater permissible under applicable law, calculated daily and compounded monthly, on all balances unpaid 30 days after the date of the invoice. If Client fails to pay an invoice, Client shall reimburse Midwest Polyfoam for all costs associated with the non-payment and Midwest Polyfoam’s attempts to recover the payment, including but not limited to, accumulated late fees, return check fees ($30.00), insufficient funds fees, collection agency fees, attorneys’ fees and expenses and court costs.
3. LIMITED GUARANTEE; DISCLAIMER OF WARRANTIES. On concrete over 10 years old, Midwest Polyfoam will re-pump once, in a five-year period, if necessary, any areas that have resettled more than one-fourth of an inch (¼”) at no additional cost to the Client. For purposes of clarity, “re-pump” means using the same holes as Midwest Polyfoam originally used. There will be a $50.00 service fee for the truck to return for any other reason not covered under this guarantee. This guarantee is void if the Client does not seal all cracks and joints on the slabs or maintain backfill along the slabs involved. This guarantee is also void if resettling occurs as a result of flooding or other acts of God. This guarantee does not include patches applied to or placed between the slabs and also does not include crack repair done by the customer or Midwest Polyfoam. MIDWEST POLYFOAM (A) MAKES NO WARRANTIES EXCEPT FOR THE LIMITED GUARANTEE SET FORTH ABOVE IN THIS SECTION; AND (B) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. ALLOCATION OF RISK. Midwest Polyfoam is not responsible for landscaping, damage to plumbing or electrical, cracks in slabs, cracks in floors, cracks in walls, or any damage which has occurred or might occur as a result of the settling or the concrete lifting process. If the concrete cannot be raised and must be replaced, it is the homeowner’s responsibility to replace it at current replacement cost.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL MIDWEST POLYFOAM BE LIABLE TO CLIENT OR ANY THIRD-PARTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOSS OF BUSINESS OR LOST PROFITS) RESULTING FROM OR ARISING OUT OF THE WORK, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT MIDWEST POLYFOAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. MIDWEST POLYFOAM’S MAXIMUM LIABILITY TO CLIENT FOR THE WORK, IF ANY LIABILITY IS DETERMINED TO EXIST, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL BE CAPPED AT $500.00 OR THE AMOUNT PAID TO MIDWEST POLYFOAM BY CLIENT FOR THE WORK, WHICHEVER IS LESSER.
6. IOWA MECHANIC’S LIEN NOTICE. AS REQUIRED BY THE IOWA MECHANIC’S LIEN LAW, CHAPTER 572 OF THE IOWA CODE, MIDWEST POLYFOAM HEREBY NOTIFIES CLIENT THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE IMPROVEMENT OF CLIENT’S REAL PROPERTY MAY HAVE AND ENFORCE LIEN RIGHTS ON CLIENT’S IMPROVED PROPERTY IF THEY ARE NOT PAID, EVEN IF THE PARTIES HAVE NO DIRECT CONTRACTUAL RELATIONSHIP WITH CLIENT. THE MECHANICS’ NOTICE AND LIEN REGISTRY PROVIDES A LISTING OF ALL PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS WHO HAVE POSTED A LIEN OR WHO MAY POST A LIEN UPON THE IMPROVED PROPERTY. FOR ADDITIONAL INFORMATION, VISIT THE IOWA MECHANIC’S NOTICE AND LIEN REGISTRY (“MNLR”) WEBSITE AT SOS.IOWA.GOV/MNLR OR CALL THE MNLR AT THE FOLLOWING TOLL-FREE NUMBER: 1-888-767-8683.
7. LIEN WAIVERS. Midwest Polyfoam agrees to deliver Client written lien waivers upon its receipt of payment in full from Client.
8. INSURANCE. Client will, at its own expense, maintain and carry in full force and effect premises liability, fire, tornado and other reasonable insurance policies on Client’s real property. Midwest Polyfoam will maintain and carry in full force and effect a public liability insurance policy.
9. GOVERNING LAW; VENUE. These terms and conditions shall be construed and governed under the laws of the State of Iowa, without application of its conflict of law principles. All actions or counterclaims regarding the enforcement or interpretation of these Terms and Conditions shall be initiated and prosecuted exclusively in the state court sitting in, or the federal court having jurisdiction over, the county in which the Work was performed. Midwest Polyfoam and Client both consent to the jurisdiction and venue of such courts and expressly waive objections based on the doctrines of personal jurisdiction and forum non conveniens.
10. MISCELLANEOUS. Midwest Polyfoam’s performance of the Work is expressly conditional on the applicability of these terms and conditions. These terms and conditions contain the entire understanding of the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision. Midwest Polyfoam may subcontract the Work. These terms are binding upon and inure to the benefit of the parties and their respective successors and assigns. Except for the parties, their successors and assigns, there are no third party beneficiaries under these terms and conditions.