Terms & Conditions

General Conditions and/or notes:

  1. The above estimate is based on this project being tax exempt unless otherwise indicated, and that the proper certifications supporting tax exemption status will be provided by the customer to Downes Forest Products LLC (“Downes” and/or “DFP”).
  2. Any and all permits, permit fees and/or inspection costs, if required, are the responsibility of the customer.
  3. Any and all traffic control and/or police traffic directors, if required, are to be provided by the customer.
  4. All construction survey layouts of the proposed improvements are to be provided to Downes.
  5. The Customer / Owner shall provide all field marked property corners, survey control points, benchmark elevations and whatever else required for construction. All CAD and coordinate files are also to be provided to Downes.
  6. All engineering and field-marked construction survey stakes, elevations and offsets, as required, are to be provided to Downes.
  7. The customer will provide to Downes sufficient area for mobilization.
  8. All work areas are to be readily accessible to DFP’s construction vehicles and trucks.
  9. All work shall be completed in a workmanlike manner according to standard practices.
  10. Our proposal is based on being able to complete our work in one mobilization, unless otherwise indicated.
  11. Our proposal is based on normal work days and hours (Monday – Friday; 7:00am – 3:30pm); Saturday, Sunday, holiday and/or premium time hours are not included, unless otherwise indicated.
  12. DFP will properly complete the work provided for in each approved estimate.
  13. Downes Forest Products is not responsible for any structural damage caused by the weight of installed material.

Pricing:

  1. Prices are subject to change if this proposal is not accepted within 10 days of the estimate date. This estimate is based on material and labor costs in effect as of the date of this proposal. Due to natural market conditions and possible material price escalation beyond our control, this estimate in whole or in part may be adjusted to reflect current material and labor costs in effect at the time of installation. Any price revisions will be communicated to the customer in a timely manner.
  2. The above proposal is based on the stated quantities and scaled from plans as proposed. Any substantial increase in quantities will be invoiced to the customer at a previously agreed upon unit price. Any substantial alteration, deviation, or increase in quantities that involve extra costs will be executed only upon a written change order and will become an extra charge over and above the original estimate.
  3. Final invoice of constructed improvements will be based on as-built field measurements at the respective unit prices and/or material tonnage delivery tickets, as applicable.
  4. It is mutually agreed and understood by the parties hereto that there will be 1.5% per month or 18% annual percentage rate charged in addition to the unpaid charges owing after a period of 30 days from the date they are due and owing.
  5. In the event that collection efforts are initiated against you, the customer, you agree to pay for all collection fees and costs including the cost of collection fees and reasonable attorney fees.

Failure to start or resume:

  1. If DFP is not able to start or resume the work, the customer will notify DFP in writing that DFP must start or resume the work within seven (7) days or the customer will complete the work by other means.
  2. Absent default/breach by the Customer, either in payment due, or the premises not being ready to start/continue the work, and/if DFP is not able to begin or resume the work according to the customer’s requirements and an agreement is not reached, DFP must notify the customer via fax or a phone call (leaving a voice mail is sufficient) of said inability, and this agreement shall be of no further force or effect, EXCEPT the customer agrees to pay DFP for the portion of work that was completed.

Force Majeure:

DFP and Customer shall be excused for and damage and for any delay in performance of any obligation hereunder when prevented from doing so by cause or causes beyond Downes' or Customer’s control, which shall include, without limitation, all labor disputes, civil commotion, war, invasion, rebellion, sabotage, governmental regulations or controls, fire or other casualty, inability to obtain any material, services or financing or Acts of God.