Terms and Conditions
Effective Date: 11/01/2022
These Terms and Conditions ("Terms") govern your use of ACP Designs’ and Arizona Concreate Placement, Inc.’s websites (acpdesigns.online) and services. By accessing or using our website and services, you agree to these Terms.
1. Services Provided ACP Designs and Arizona Concreate Placement, Inc. provide custom interior and exterior design, construction, and remodeling services as outlined on our website.
2. Client Responsibilities
a) Provide accurate information for project planning and execution.
b) Adhere to payment schedules as agreed upon in service contracts.
c) Notify us promptly of any changes or issues related to the project.
d) Ensure site access and safety during project execution.e) Obtain necessary permits unless otherwise agreed.
3. Quotes and Pricing
a) Quotes provided are estimates and may be subject to change based on project scope, materials, or unforeseen circumstances.
b) Pricing excludes taxes unless explicitly stated.
4. Payment Terms
a) Payments are due according to the agreed schedule outlined in your contract.
b) Late payments may incur additional fees or project delays.
c) Deposits are non-refundable unless specified otherwise.
5. Project Changes
a) Any changes to project scope must be communicated in writing and may result in adjusted pricing or timelines.
b) A change order form must be completed, outlining the revised scope, cost, and timeline.c) Both parties must review and sign the change order before work on the revised scope begins.d) Verbal agreements for changes are not recognized or enforceable.
6. Warranties and Liability
a) We warrant that our work will be performed in a professional manner consistent with industry standards.
b) We are not liable for delays or damages caused by factors outside our control, such as weather, material shortages, third-party actions, or acts of God.
c) We exclude liability for pre-existing conditions, such as structural issues or buried utilities, discovered during the project.
d) Our warranties do not cover damage resulting from misuse, neglect, or unauthorized modifications by the client.
Warranty Disclosure & Workmanship Warranty
a) Coverage: Our workmanship warranty covers any defects or issues arising from our installation process for a period of 1 year from the completion date of the project.
b) Scope: This warranty includes repairs or replacements necessary due to improper installation or workmanship.
Materials Warranty
a) Coverage: Materials used in your project are covered under the manufacturer’s warranty. The duration and specific terms of these warranties vary by manufacturer.
b) Scope: This warranty covers defects in the materials used for your project as specified by the manufacturer. ACP Designs will assist in facilitating any claims with the manufacturer on your behalf.
Warranty Exclusions
a) This warranty does not cover damage caused by acts of God (e.g., floods, earthquakes, storms).
b) Damage resulting from misuse, abuse, or neglect.
c) Normal wear and tear.
d) Modifications or repairs made by third parties without ACP Designs’ approval.
Warranty Claims
a) To make a warranty claim, please contact our customer service team at 623-233-2994 or email us at [email protected].
b) Please provide details of the issue, including photos if possible, to help us assess and address your claim promptly.
Limitations
a) This warranty is non-transferable and applies only to the original purchaser of the services and products.
b) ACP Designs’ liability under this warranty is limited to the repair or replacement of defective workmanship or materials, as determined by us.
7. Intellectual Property
a) All materials, designs, and content created by ACP Designs and Arizona Concreate Placement, Inc. remain our intellectual property unless otherwise agreed in writing.
8. Termination
a) Either party may terminate a project agreement for breach of these Terms.
b) Fees for completed work and materials are non-refundable.
9. Dispute Resolution
a) Any disputes arising from these Terms or our services shall be resolved through mediation or arbitration in accordance with the laws of Maricopa County, Arizona.
10. Governing Lawa) These Terms are governed by the laws of the State of Arizona, and any disputes shall be resolved in the courts of Maricopa County, Arizona.
11. Indemnification
a) Clients agree to indemnify and hold ACP Designs and Arizona Concreate Placement, Inc. harmless from claims arising from their own actions, omissions, or site conditions, including permitting issues and site hazards.
12. Marketing and Photography
a) Clients agree that ACP Designs and Arizona Concreate Placement, Inc. may photograph completed projects for marketing purposes, with personal identifiers removed unless expressly prohibited in writing.
13. Damage Exclusions
a) ACP Designs and Arizona Concreate Placement, Inc. are not liable for incidental damage to areas outside the project scope, such as adjacent structures or landscaping.
14. No Verbal Agreements
a) All agreements and project modifications must be documented in writing and signed by both parties.
15. Contact Us
a) For questions about these Terms, please contact us at [email protected].
16. Site Condition Acknowledgment
a) Clients acknowledge that pre-existing site conditions, including but not limited to structural integrity, underground utilities, or hazardous materials, are not the responsibility of ACP Designs or Arizona Concreate Placement, Inc.
b) Any additional costs incurred due to unforeseen site conditions will be communicated to the client and require a signed change order before proceeding.
17. Limitation of Liability
a) To the fullest extent permitted by law, ACP Designs and Arizona Concreate Placement, Inc. shall not be held liable for any indirect, incidental, consequential, or punitive damages arising from the use of our services or products, even if advised of the possibility of such damages.
b) The total liability of ACP Designs and Arizona Concreate Placement, Inc. is limited to the amount paid by the client for the specific project or service.
18. Third-Party Subcontractors
a) ACP Designs and Arizona Concreate Placement, Inc. may engage third-party subcontractors to perform specific aspects of the project.
b) While we carefully select subcontractors, we are not liable for their independent actions or work outside the agreed project scope.
19. Client-Provided Materials
a) ACP Designs and Arizona Concreate Placement, Inc. are not responsible for defects or issues arising from materials provided by the client.
b) Clients are responsible for ensuring that any client-provided materials meet the specifications required for the project.
20. Right to Stop Work
a) ACP Designs and Arizona Concreate Placement, Inc. reserve the right to suspend work if the client fails to meet payment obligations or violates these Terms.
b) Work will only resume once the issue is resolved to the satisfaction of ACP Designs and Arizona Concreate Placement, Inc.
21. Force Majeure
a) ACP Designs and Arizona Concreate Placement, Inc. are not responsible for delays or non-performance caused by events beyond our reasonable control, including but not limited to acts of God, labor strikes, material shortages, or government actions.
22. Client Communication
a) All official communications must be made in writing via email or written correspondence to ensure clarity and documentation.
b) Verbal communications will not override written agreements or change orders.