Purchaser’s / Customer’s acceptance of this Estimate and the work to be performed described herein constitutes an acknowledgement and full acceptance of MSC (Michigan Specialty Coatings, Inc) following terms and conditions:
I. Materials, Application and Market Cost Increase:
(i) The material requirements will be applied in accordance with the manufacturer’s standards. (ii) MSC Floors is not responsible for market cost increases due to supply chain issues, delays or manufacturer rate increases. Customer will have an option to create a change order and accept the changes or suggest/accept alternates that can lower the costs.
II. Site Conditions & Requirements
(i) MSC will maintain responsible supervision to control the proper finishing of all work, as well as coordinate an expedient completion of these proposal requirements. The customer will provide secure storage space for materials at 60 degrees Fahrenheit, electricity (120V & 3-phase 480V 50 amp x 4 connections), water (if needed), finish lighting, workable drains, dumpster for trash disposal & 24-hour access to the work site and parking. The customer shall also provide a minimum air and floor temperature of 60 degrees Fahrenheit and air humidity control between 20%-50% RH for epoxy systems only (Urethane systems can go up to 70% RH but not below 20% RH), which shall be maintained throughout the installation and must be maintained once installation is complete. (ii.) Any deviations from the work plan; materials, schedule, or other terms and conditions described herein are subject to additional charges including, but limited to time, material, and expenses. (iii.) Customer shall have the work site swept clean and cleared free of all obstructions and shall remove any and all food items, organic materials, equipment and other products stored at or near the project site to prevent any contamination (dust, debris and/or odor) or spoilage that may occur and shall make the project site available for MSC at the agreed upon date and time in which the contract work is to commence. Floor must be free of standing or dripping water. (iv.) Customer is to provide MSC written notification of any items, including but not limited to equipment, materials, tools, or products, which will remain on floor or in project area during the duration of service and additional charges may incur including but not limited to additional labor, materials, time, or expenses related to performing services around items in flooring area. (v.) Customer shall insure that no other work or tasks will be contemporaneously performed in the work area by the customer, other trades or subcontractors once the project has commenced and the entire duration of the project. Customer shall protect MSC’s work, during installation and upon completion of work from damage caused by the Customer, their workmen or subsequent contractors. (vi.) Odor/ Fume notification: Certain products that MSC, uses produce fumes and odors. It is the responsibility of the customer to review the Safety Data Sheets and communicate all relevant safety information to all parties exposed to the product and agrees to hold harmless and indemnify MSC, for any claims, damages, losses or expenses related to the same. Dust: Part of our preparation may raise concrete dust, debris as well as odors. If any items including but not limited to equipment, material, & goods are sensitive to this dust, debris and odor they need to be properly protected or relocated prior to our arrival, to avoid contamination. MSC, will not assume this responsibility. (vii.) Joints: Expansion joints, control joints, and construction joints are all a part of concrete construction. They each are designed to control movement in some capacity and the rates at which they move can not be predicted by MSC,. If you experience a crack in the joint material it is not considered a failure. (viii.) Use of floor marking tape, signs, and/or other topical adhesives may damage new or existing surfaces and is not warranted by MSC, Inc.
III. Hazardous Materials and Conditions:
(i.) MSC, Inc. will gather all non-hazardous debris and dispose into dumpster or compactor to be provided by customer. All unopened and untinted materials will be removed by MSC, and properly stored. As stipulated by EPA regulations, all solvents used for cleaning or thinning materials will be removed by MSC, Inc. (ii.) Note: Solvents (mineral spirits, lacquer, etc.) are not spent on job site. They are removed from your location and brought back to MSC, Inc., where they are used until they are spent and then declared to be hazardous waste. MSC, Inc. does not transport hazardous waste. MSC, Inc. is not responsible for any waste resulting from an industrial process that must be treated as special waste; or waste determined to be hazardous. MSC, Inc. uses Safety-Kleen to dispose of the hazardous waste it generates at its own facility. Manifests and Certificates of Disposal are available upon request. (iii.) MSC, Inc. is not responsible for the identification, detection, abatement, encapsulation or removal of asbestos or any other materials deemed to present a hazard to its employees including any materials considered to be special waste. If hazardous materials or other hazardous conditions are encountered at the job site during the course of work, MSC, Inc. reserves the right to remove its employees from the job site until such hazardous materials are abated, encapsulated or removed, or the hazardous conditions are corrected. Pursuit to any delays resulting from such situation and correction MSC, Inc. shall receive an extension of time to complete its work, and compensation for all expenses associated with such delays, or conditions. (iv.) Abrasive Blasting: In instances where abrasive blasting is utilized, the resulting waste disposal is the responsibility of the owner.
(i.) Safety Standards: All work practices, materials and equipment used will be in full compliance with customer safety requirements, or MSC, Inc.’s Safety Standards, whichever is greater. (ii.) OSHA Compliance: All work practices, materials and equipment used will be in full compliance with applicable OSHA regulations. (iii.) Workmen’s Compensation: MSC, Inc. personnel are fully covered by Workmen’s Compensation Insurance. (iv.) Equal Employment Opportunity Compliance: MSC, Inc. is an equal opportunity employer operating in compliance with applicable federal and state laws.
V. Debris Removal
(i.) Upon completion of work, MSC will safely remove all job-related materials, equipment and debris from the job site, and will leave its work area in clean & orderly conditions.
VI. Tax, Terms, & Conditions
(i.) Michigan State Tax not applicable on labor (ii.) Deviations from Agreement: Any deviations from the work plan, materials, schedule or other terms and conditions described herein are subject to additional charges. (iii.) Limits of Liability: The warranties and obligations expressly stated herein are in lieu of all other liabilities and obligations, including but not limited to general, specific or consequential damages arising from the performance of MSC, Inc. under this agreement. (iv.) Force Majeure: MSC, Inc. assumes no responsibility for costs or delays due to storms, fire, flood, or other natural disasters, nor for accidents, strikes, or other events beyond its control. (v.) Cancellation: If customer cancels this agreement at any time prior to project completion for reasons other than non-performance by MSC, Inc., then all charges accrued to the date of cancellation become immediately due and payable to MSC, Inc. (a.) Any cancellation of the confirmed order will result in a cancellation fee of not less than 25% of the contract amount. Payment terms will be due Net 10 Days after receiving written notice of cancellation. If written notification is not given to MSC at least seven (7) days prior to the commencement of work, MSC will be entitled to an additional re-scheduling fee of not less than 10% of the contract amount. When a confirmed order is cancelled within three (3) days or less prior to commencement of work, MSC will be entitled to a fee not less than 50% of the contract amount. (vi.) Entire Agreement: This agreement is the complete and entire agreement between MSC, Inc. and the customer, and supersedes any other communication, whether oral or written. This agreement cannot be modified by either party except in writing, and with the written consent of the other party. (vii.) Payment Agreement: Non-payment will warrant your account to be forwarded to a collection agency and/or attorney. It is agreed upon that the customer will pay all costs and expenses of collection, including but not limited to attorney’s fees and expenses.