Bold Outdoors LLC (“Bold”) and the customer (“Customer”) identified in the accompanying Proposal agree:
Acceptance of Proposal. Upon Customer’s written, electronic or verbal acceptance of the Proposal from Bold, the Proposal shall constitute a binding contract between Bold and the Customer which shall be governed by the terms set forth herein, all associated warranties and amounts set forth in the Proposal. All prices, specifications and conditions are satisfactory and are hereby accepted. Proposal is valid for a period of 30 days from the bid creation date.
Bold ensures that all work will be completed in a substantial workmanlike manner according to specifications submitted, per standard practices.
The Customer agrees that Bold has full authority to change, manipulate or modify all design elements to deal with site conditions, functionality, material availability and any other viable reason. All changes will attempt to keep the original concept of the design in place.
The Proposal is contingent upon accidents, acts of God, and all delays beyond Bold’s control.
The Customer agrees that Bold shall not be liable for any losses or damages (including defects in workmanship, materials or labor) caused by persons or entities who are not employed by or under contract with Bold.
The Customer agrees that Bold shall not be liable for damages, losses or extra expense (not included in Proposal) due to unknown underground foreign material such as rock, tree stumps/roots, utilities, construction debris, heavily compacted sub-soil, irrigation or drainage systems and/or any other hidden obstructions. Any labor and materials associated with the removal, special handling, or repair of such objects will be charged in addition to the Proposal.
The Customer agrees that Bold shall not be liable for losses or damages caused by, contributed to, resulted from or exacerbated by any directional earth movements.
Change Orders. No verbal or written change order requests shall be binding upon Bold, unless Bold performs the work, in which the Change Order will be binding on Customer and Bold. All additional charges associated with such change orders will be the responsibility of the Customer and will be added to the Proposal.
Payment Terms. All projects in excess of $5,000 will require a 50% deposit to be paid prior to project commencement. Final balance is due from the Customer at the time of the completion of the work. All projects that extend beyond 30 days will have progress payments due at 30 days and every two weeks that follow. Progress payments will be 25% of remaining balance of the time. A finance charge of 1.75% will be added to any principal balance that persists beyond 30 days and will be added to the principle balance every 30 days thereafter. Currently only cash and checks are acceptable forms of payment.
Legal Matters. All attorneys’ fees and expenses, title work and court costs dealing with the legal enforcement of Bold’s terms and conditions shall be recoverable and added to all other sums due from the Customer.
Lien Notice. Failure of this Contractor to pay those persons supplying material or services to complete this contract can result in the filing of a mechanics lien on the property which is the subject of this contract pursuant to Kansas Chapter 60 Article 11. To avoid this result, you may ask this Contractor for “lien waivers” from all persons supplying material or services for the work described in this contract. Failure to secure lien waivers may result in your paying for labor and materials twice.