1. Parties and Authority
This Agreement is a legally binding contract between Semper Surface Solutions ("Contractor") and the undersigned customer ("Customer"). The Customer represents and warrants that they are the owner of, or have full written authority to contract for improvements to, the property identified as the work site, and agree to be personally responsible for all obligations under this Agreement.
2. Scope of Work
The Contractor agrees to furnish all labor, materials, tools, and equipment necessary to perform the Epoxy Flooring work described in this Agreement and any written change orders. Any work not expressly described is excluded unless added by written change order. The Contractor shall perform the work in a professional, workmanlike manner consistent with industry standards for Epoxy Flooring.
3. Change Orders
Any addition, deletion, or change to the scope of work must be agreed to in writing and signed by both parties before the changed work is performed. If work is performed without a signed change order, the Contractor shall nonetheless be entitled to reasonable compensation for the value of the work performed. Change orders may adjust the contract price and schedule.
4. Payment Terms
The Customer agrees to pay the contract price according to the schedule set forth on page 1. A deposit, where required, is due upon execution of this Agreement to reserve materials and the installation date. Progress payments are due as work reaches the corresponding milestone. The final balance is due upon completion and final walkthrough, unless otherwise stated in writing. Any balance not paid within fifteen (15) days of the due date shall accrue interest at 1.5% per month (18% per annum) until paid. The Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, incurred to enforce this Agreement.
5. Permits, Codes, and Compliance
The Contractor shall obtain all permits required for the work and shall perform the work in compliance with applicable building codes and regulations. The Customer shall provide access to permit-related information and shall promptly address any municipal requirements specific to the property.
6. Site Conditions and Access
The Customer shall provide the Contractor with safe, unobstructained, and weather-protected access to the work area, plus adequate parking, water, and electricity at no cost. The Contractor is not responsible for delays or additional costs caused by locked-out access, obstructed work areas, or unavailable utilities. The work area must be cleared of furniture and personal belongings prior to the scheduled start date; the Contractor is not liable for damage to or loss of items left in the work area.
7. Unforeseen and Concealed Conditions
The Contractor is not responsible for concealed or hidden conditions discovered during the work, including but not limited to pre-existing damage, rot, mold, asbestos, lead, structural defects, moisture intrusion, or prior faulty workmanship by others. If such conditions are encountered, the Contractor shall notify the Customer, and any additional work required to address them shall be performed under a written change order at additional cost.
8. Hazardous Materials and Environmental Conditions
The Customer shall disclose to the Contractor any known presence of hazardous materials, including asbestos, lead-based paint, mold, or underground storage tanks, at the property. The Contractor is not licensed to remediate hazardous materials and is not responsible for their discovery, removal, or remediation. Any required remediation shall be performed by a licensed specialist at the Customer's expense.
9. Customer Responsibilities
The Customer is responsible for moving and protecting personal property, relocating pets, securing sensitive areas, and vacating the work area as needed for the duration of the project. The Contractor is not responsible for personal property left in the work area, for utility disruptions the Customer fails to arrange, or for the acts of the Customer or other trades present at the property.
10. Warranty
The Contractor warrants its labor and workmanship of the epoxy system for a period of 5 (five) years from the date of completion. This warranty is separate from and in addition to any manufacturer warranties for materials, which are the responsibility of the manufacturer. This warranty does not cover failures or damage resulting from pre-existing concrete conditions including cracks, moisture issues, structural movement, or prior damage, or from normal wear and tear. Warranty claims must be submitted in writing within the warranty period. The Contractor's sole obligation under this warranty is to repair or replace, at its option, the defective workmanship.
11. Limitation of Liability
To the maximum extent permitted by law, the Contractor's total liability arising out of or relating to this Agreement is limited to the amount actually paid by the Customer for the specific work giving rise to the claim. In no event shall the Contractor be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of use, loss of profit, loss of income, or damage to property other than the work itself, even if the Contractor has been advised of the possibility of such damages.
12. Indemnification
The Customer agrees to indemnify, defend, and hold harmless the Contractor and its employees and subcontractors from and against any claims, damages, losses, or expenses, including reasonable attorney's fees, arising out of or related to the Customer's property, the Customer's failure to disclose existing conditions, the Customer's use of the work, or the acts or omissions of the Customer or other contractors at the property.
13. Insurance
The Contractor maintains commercial general liability insurance; a certificate of insurance is available upon request. The Customer is responsible for maintaining property insurance on the work site and for any items removed or stored during the project. The Contractor is not responsible for theft, vandalism, or damage caused by third parties or acts of nature.
14. Cancellation and Rescission
The Customer has the right to cancel this Agreement within three (3) business days of signing by delivering written notice to the Contractor, as required by the Pennsylvania Home Improvement Consumer Protection Act. After the three-day period, deposits become non-refundable to the extent the Contractor has ordered materials, scheduled labor, or declined other work. If the Customer cancels after work has commenced, the Customer shall pay for all labor and materials incurred up to the date of cancellation.
15. Default and Remedies
Either party shall be in default upon failure to perform any obligation under this Agreement. The non-defaulting party shall give written notice and a reasonable opportunity to cure. If the default is not cured, the non-defaulting party may pursue all available remedies, including termination, completion by others at the defaulting party's expense, and recovery of all costs and reasonable attorney's fees.
16. Dispute Resolution and Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. The parties agree to attempt in good faith to resolve any dispute through negotiation, and if unsuccessful, through mediation before a neutral mediator, before initiating litigation. Any litigation shall be brought in the courts of the county in which the work site is located.
17. Pennsylvania Home Improvement Consumer Protection Act Compliance
This Agreement is entered into in compliance with the Pennsylvania Home Improvement Consumer Protection Act (HICPA), 73 P.S. § 517.1 et seq. The Contractor is registered with the Pennsylvania Attorney General as required. The Customer may verify the Contractor's registration through the Pennsylvania Office of Attorney General or by calling 1-888-520-6680.
18. Force Majeure
The Contractor shall not be liable for any delay or failure to perform caused by conditions beyond its reasonable control, including acts of God, severe weather, fire, flood, pandemic, labor disputes, material shortages, utility outages, or governmental action. The Contractor shall notify the Customer of any such delay and use reasonable efforts to resume performance.
19. Independent Contractor and Subcontractors
The Contractor is an independent contractor, not an employee or agent of the Customer. The Contractor may engage subcontractors for any portion of the work and shall be responsible for their workmanship. Nothing in this Agreement creates any employment, partnership, or joint venture relationship.
20. Site Cleanup
The Contractor shall remove its debris and leave the work area broom-clean upon completion. Construction dust is inherent to flooring and surface work; the Contractor is not responsible for cleaning the entire property beyond the immediate work area.
21. Photographs and Marketing
The Contractor may photograph or video the work for its portfolio, marketing, and social media. The Customer may opt out of this authorization in writing. The Contractor shall not depict the Customer's likeness or publicly identify the Customer's address without separate written consent.
22. Special Conditions Applicable to Epoxy Flooring
Concrete is a natural material and may crack, shift, or retain moisture beyond the Contractor's control. Semper Surface Solutions is not responsible for issues caused by structural movement, moisture, hidden slab conditions, prior coatings, or pre-existing damage. Moisture barriers are available and recommended; if declined, the Customer assumes responsibility for moisture-related failures. Minor color and finish variations are normal and not defects. Damage from misuse, chemicals, impact, flooding, or third parties is not covered. Warranty exclusions specific to this work: pre-existing concrete conditions including cracks, moisture issues, structural movement, or prior damage.
23. Entire Agreement, Amendment, and Severability
This Agreement, including these Terms and Conditions and any written change orders, constitutes the entire agreement between the parties and supersedes all prior discussions and agreements. This Agreement may be amended only in writing signed by both parties. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. A waiver of any breach shall not constitute a waiver of any subsequent breach.
24. Acceptance and Binding Effect
By signing the Agreement on page 1, the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions, which are incorporated into and form part of the Agreement.
Draft template — not legal advice. Have a qualified attorney review before signing.
