These Terms and Conditions shall apply to any and all agreements between Brad’s Construction of Mayville, LLC (“Brad’s”) and Customer, to any goods or fixtures procured by Brad’s for Customer, any goods or fixtures installed by Brad’s on Customer’s behalf, or any services provided to Customer by Brad’s.
1. RIGHT TO REPAIR\REMEDY. Brad’s shall strive to provide services to Customer in a professional and workmanlike manner. Customer shall provide Brad’s with written notice of defects in any goods installed or services performed, regardless of the cause or source, promptly upon Customer’s discovery of them. Customer shall also provide Brad’s with reasonable access during Brad’s regular working hours to permit investigation, testing, examination, and repair of defect claims. Furthermore, Brad’s and Customer agree to comply with Wisconsin Right to Cure Laws, Wisconsin Statute Section 895.07, including requirements of notice and providing Brad’s with a right to repair before Customer commences dispute resolution proceedings as provided in these Terms and Conditions, under any other agreement between the Parties, or at law.
2. CHANGES TO SCOPE OF WORK & PAYMENT. Customer shall be liable for all delays and costs stemming from: 1) any changes to the original scope of work which are requested\mandated by Customer or its agents; and 2) necessitated by any unforeseen circumstances not contemplated by Brad’s. Unless otherwise specified, payment of any amounts due to Brad’s are due and payable in cash or bank wire transfer (U.S. Dollars) on the date listed on Customer’s invoice. All amounts which are past due shall be subject to an interest charge of 1.5% per month (18% per annum) accruing from the date the payment was due. Invoices are payable at Brad’s Construction of Mayville, LLC, 346 Pinecrest Court, Mayville, WI 53050.
3. SECURITY AGREEMENT. Customer hereby grants Brad’s a security interest in all goods and fixtures installed or procured by Brad’s to secure payment of all sums due to Brad’s from Customer. Furthermore, Customer agrees to execute any documents reasonably required by Brad’s for perfection of this security interest. Customer shall not sell, dispose of, attempt to convey, or remove the goods or fixtures from the county where originally delivered until all amounts due to Brad’s are paid in full.
4. LIEN NOTICE. Customer hereby acknowledges receipt of Brad’s Subcontractor Lien Notice. Customer agrees to serve two copies of the Subcontractor Lien Notice upon the owner (or agent thereof) at the build site. Customer agrees to indemnify Brad’s for any loss of Brad’s’s lien rights caused by a breach of this section.
5. ACCEPTABLE DELAYS. Any delay by Brad’s in performing its duties, which is caused by any of the following circumstances, shall not be considered a default or breach of these Terms and Conditions or Brad’s duties under any agreement between the Parties:
Acts or omissions of governmental authorities;
Inclement weather or other acts of God;
Unforeseen material or labor shortages not caused by the negligence of Brad’s;
Unforeseen material delivery delays not caused by the negligence of Brad’s;
Changes to the original scope of work requested by Customer;
6. DISPUTE RESOLUTION. Any dispute between the Parties, shall be resolved using the following procedure:
First Meeting. The Parties shall meet to discuss the dispute and attempt to resolve it in an amicable way;
Second Meeting. If the Parties cannot resolve the dispute during the first meeting, they shall meet again within two days to attempt to resolve the dispute again;
Mediation. If the Parties cannot resolve the dispute after the Second Meeting, the Parties shall request mediation from the Mediation Service of the Metropolitan Builder’s Association of Milwaukee (MBA Mediation Service). The mediation will be conducted by the MBA Mediation Service according to its rules and procedures, to which the Parties hereby agree to abide. The Parties agree that if mediation is commenced, they will make good faith efforts to resolve their dispute, or as much of it as reasonably possible, through mediation.
Other Remedies. If the Parties cannot resolve the dispute after mediation, the Parties may seek other remedies as dictated by these Terms and Conditions or at law.
7. ***WARRANTY DISCLAIMER AND LIMITATIONS***. THE TERMS OF SECTION ONE NOTWITHSTANDING, THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ON ANY GOODS, FIXTURES, OR SERVICES PROVIDED BY BRAD’S. FURTHERMORE, THERE IS NO OTHER EXPRESS OR IMPLIED WARRANTY, STATUTORY OR OTHERWISE, ON ANY GOODS, FIXTURES, OR SERVICES PROVIDED BY BRAD’S EXCEPT AS EXPRESSLY SET FORTH HEREIN. ORAL STATEMENTS BY EMPLOYEES OF BRAD’S DO NOT CONSTITUTE WARRANTIES. BRAD’S SHALL NOT BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL OR INCIDENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, LOSS OF USE, LOSS OF PROFITS, OR DAMAGE TO OTHER PROPERTY. FOR ANY BREACH OF WARRANTY OR FOR NEGLIGENCE OR OTHER FAULT, THE LIABILITY OF BRAD’S AND CUSTOMER’S EXCLUSIVE REMEDY IS EXPRESSLY LIMITED TO REFUNDS OF THE SUMS PAID TO BRAD’S, OR REPAIR OF THE ALLEGED DEFECTS, AT THE OPTION OF BRAD’S.
8. GOVERNING LAW; JURISDICTION AND VENUE; ATTORNEY FEES. This contract shall be governed by the laws of the State of Wisconsin. In the event of legal action, Customer hereby consents to jurisdiction and venue in the Circuit Court of Dodge County, Wisconsin. In the event of any legal action or arbitration between Brad’s and Customer, the prevailing party shall be entitled to recover its attorneys’ fees, costs and other expenses from the party who does not prevail.
9. INTEGRATION & LIMITATION OF OTHER TERMS. The Parties agree that these Terms and Conditions shall be fully integrated into any agreement between Brad’s and Customer. In the event of a conflict between the terms of any other agreement between Brad’s and Customer and these Terms and Conditions, these Terms and Conditions shall control. Furthermore, any terms or conditions contained on a purchase order or other writing by the Customer shall be binding upon Brad’s only insofar as they do not vary, modify, or add to these Terms and Conditions.