Terms and Conditions
The standard terms incorporated by reference into every Maverick Performance Solutions proposal that names Version V60.
- A. The Agreement
- B. The Site and the Substrate
- C. Schedule, Changes and Payment
- D. Appearance, Completion and Care
- E. Warranty and Liability
- F. General
- Residential customers
These Terms and Conditions are part of the proposal (the "Proposal") of Maverick Performance Solutions LLC ("Maverick") to the customer named on the pricing page ("Customer"). The Proposal includes the pricing page, the Areas and Scope of Work, Service Conditions, Pricing Includes, Pricing Assumes (including the Essential Site Requirements), Pricing Excludes, Special Terms and Conditions, Options, the Warranty Period stated for each area, and these Terms.
A. THE AGREEMENT
1.Acceptance and Order of Precedence
Customer accepts this Proposal by e-signature, by issuing a purchase order or subcontract that references it, by paying the mobilization deposit, or by allowing Maverick to mobilize, whichever comes first. This Proposal is the entire agreement between the parties and replaces prior quotes, discussions and correspondence. Its terms govern price, scope, exclusions, site requirements, schedule assumptions, payment, warranty, liability and dispute resolution over any purchase order, subcontract or prime contract, whenever issued. Maverick's acceptance of any Customer document is expressly conditioned on these Terms; pre-printed, additional or conflicting terms are rejected. Upstream contract terms bind Maverick only if delivered to Maverick in writing before Maverick signs and only to the extent they apply to Maverick's scope. Liquidated damages, no-damages-for-delay, pay-if-paid, indemnity beyond Maverick's own negligence and extended warranties bind Maverick only if an officer of Maverick accepts them in a signed writing that identifies the clause.
2.Quote Validity, Pricing Basis and Escalation
Pricing is valid for 30 days from the Proposal date unless otherwise stated, and is based on the quantities, systems, shift, access and conditions described in this Proposal. Unless listed in Pricing Includes, pricing excludes bonds, prevailing-wage or union requirements, permits and inspections, badging or security clearances, site-specific training beyond Maverick's standard safety program, moisture testing and mitigation, and any fee or assessment imposed on Customer or the project. After acceptance, if Maverick's delivered cost of any material rises more than 5% above its cost on the Proposal date because of manufacturer increases, tariffs, freight or fuel surcharges or resin shortages, the price adjusts by the documented increase through a change order supported by supplier invoices. Work not released for mobilization within 90 days after acceptance is re-priced for material at then-current cost.
3.Taxes
Maverick is the consumer of the materials it installs. The Michigan sales or use tax Maverick pays on those materials is included in the contract price, and no sales tax is added to or itemized on installed work. A customer exemption certificate does not change this unless the project is a qualified nonprofit hospital, nonprofit housing, church sanctuary or pollution-control facility, in which case Customer must deliver Michigan Treasury Form 3520 before materials are ordered. Materials or tools sold without installation are taxed at retail unless Customer provides a valid Form 3372.
B. THE SITE AND THE SUBSTRATE
4.Site Inspection, Customer Information and Concealed Conditions
Maverick's pricing relies on its site visit, where one was made, and on the drawings, specifications, quantities, substrate information and service conditions furnished by Customer, without independent verification. Customer represents that it has disclosed all known conditions affecting the work and that the slab is sound, fully cured and free of contaminants (oils, salts, silicates, curing compounds, adhesives) beyond the surface preparation described. If conditions differ materially from those represented or reasonably observable, including unsound or contaminated concrete, alkali-silica reaction, hidden utilities, deeper removal or added scope, Maverick may stop the affected work, notify Customer, and price the extra by change order or at time-and-materials before proceeding. Time lost is a Customer delay under Section 10.
5.Substrate Moisture
Unless this Proposal includes a Maverick-installed moisture-mitigation system, pricing assumes the slab is within the moisture limits on the manufacturer's product data sheet. Maverick may test per ASTM F2170 (in-situ relative humidity) or ASTM F1869 (calcium chloride) where testing is included in this Proposal, or may rely on data furnished by Customer. Readings above the system limit do not obligate Maverick to proceed; mitigation is a priced extra by written change order. Maverick is not responsible for blistering, delamination or bond loss caused by moisture vapor transmission, osmotic or hydrostatic pressure, efflorescence or a missing or failed vapor retarder.
6.Existing Coatings, Unknown Layers and Hazardous Materials
Removal of existing coatings, toppings, adhesives or leveling compounds is included only to the extent stated; additional or unknown layers discovered during preparation are an extra. Maverick does not test for, disturb or remove asbestos-containing, lead-bearing, mold-contaminated or other hazardous materials. Customer represents that the work area is free of such materials unless disclosed to Maverick in writing before the Proposal date. If suspect material is encountered, work in that area stops until Customer provides written test results or abatement by a licensed firm; resulting standby, remobilization and schedule impacts are Customer's cost.
7.Cracks, Joints and Substrate Movement
Concrete cracks, curls and moves. Maverick fills non-moving cracks and honors, re-cuts or seals control, construction and expansion joints only as described in this Proposal; joints and cracks not listed, and correction of flatness, slope or drainage, are excluded, and Maverick's systems follow the existing substrate profile. Flooring installed over any joint or crack may telegraph, crack or separate as the slab moves, and Customer accepts that risk, especially where Customer directs joints to be filled flush and coated. Joint sealant is a maintenance item.
8.Customer Site Responsibilities
Customer will provide, at no cost to Maverick, the Essential Site Requirements printed in this Proposal, including adequate lighting, the specified power, an on-site dumpster, dry heated storage, and substrate and ambient temperatures of at least 60°F held continuously through installation and the cure period on the product data sheet, together with any humidity and dew-point limits the data sheet states. Customer will have each area swept and cleared of equipment, stored goods, food and organic materials at the agreed date and time; keep other trades, deliveries and traffic out of the area from the start of surface preparation until the floor is cured for traffic; shut down or isolate HVAC, exhaust and sprinkler systems that move air, dust or water across the work; obtain any permits or facility approvals; and, where the specified system produces odor during application and cure, notify and clear occupants and adjacent tenants and provide ventilation and make-up air. Maverick will not apply material outside the manufacturer's published temperature, humidity or dew-point range; installation outside that range at Customer's direction voids the warranty for the affected area.
9.Maverick Responsibilities
Maverick will perform the work in a workmanlike manner following the published installation instructions for the installed system; keep the work area free of debris from its own operations (conditions caused by others excepted); provide the dust collection and containment priced in this Proposal; and remove its equipment and unused materials at completion, with attic stock provided only where listed. Surface preparation creates dust and noise, and some systems produce odor; these are characteristics of the work, not defects, and additional containment, air handling or off-hours requirements not listed are Customer's cost. Maverick is not responsible for airborne contamination that settles into wet material from sources it does not control.
C. SCHEDULE, CHANGES AND PAYMENT
10.Schedule, Access, Standby and Remobilization
Start and completion dates are estimates. Maverick schedules the work after acceptance and receipt of the deposit and will use reasonable efforts to meet agreed dates, but does not accept liquidated damages or other delay damages unless expressly agreed under Section 1. Pricing assumes one Mobilization with simultaneous access to all areas, as stated in the Special Terms. If Maverick's crew arrives and cannot work, is directed to stand by, or is sent away for reasons not caused by Maverick, or if the site, Customer selections or approvals are not ready, Customer pays standby time at Maverick's crew day rate with a four-hour minimum per person per occurrence, plus equipment, temporary heat or dehumidification, and a remobilization charge of 10% of the contract amount or one crew day, whichever is greater plus freight. Delays not caused by Maverick extend the schedule day for day without penalty to Maverick.
11.Changes and Extra Work
Changes to scope, systems, quantities, colors, schedule or site conditions are performed only under a written change order signed by both parties, or under written direction from Customer's authorized representative confirmed by change order within five business days; Maverick is not obligated to proceed without one. Additional quantities are priced at the unit rates in this Proposal where shown. Other extra work, including work caused by concealed conditions, is billed at Maverick's time-and-materials rates: labor per Maverick's rate schedule, materials at invoice cost plus 20%, equipment and subcontracted work at cost plus 10%. Work directed in the field is recorded on a daily ticket signed by Customer's representative, which is binding as to the work performed. If quantities are reduced after acceptance, the price is adjusted by unit price, but mobilization, minimum charges and materials already ordered remain payable.
12.Payment
Payment is due as stated on the pricing page: the mobilization deposit before Maverick schedules the work and the balance upon completion, due on receipt. On any project scheduled to exceed 30 days on site or $50,000, Maverick invoices monthly, or at the end of each Mobilization or phase, for work in place and materials delivered or suitably stored, against a schedule of values and, on request, in AIA G702/G703 format; progress invoices are due on receipt, and Customer's approval of an invoice is not a condition of payment becoming due. Customer's obligation to pay Maverick is not conditioned on Customer being paid by an owner, lender or anyone else; Maverick does not accept pay-if-paid terms, and if a payment schedule keyed to owner payment is agreed under Section 1, payment is still due no later than 45 days after Maverick's invoice and never applies to change-order or extra work. Customer must give written notice of any disputed invoice item, with reasons, within 10 days after the invoice date; the undisputed balance remains due, and items not disputed within that window are accepted. Customer may not withhold, set off or backcharge any amount, on this or any other project, without Maverick's written agreement, and before incurring any cost it intends to charge to Maverick must give written notice and allow Maverick two business days to inspect and correct. Every order is subject to Maverick's credit approval; if Customer's credit, payment performance or project funding becomes doubtful in Maverick's reasonable judgment, Maverick may require advance payment, joint checks or other security before starting or continuing, with the schedule extended.
13.Retainage
Maverick's pricing assumes no retainage. If the project's AIA or prime-contract requirements demand retainage and this Proposal says so, retainage may not exceed the lesser of 10% or the rate the owner withholds from Customer until Maverick's work is 50% complete, and no further retainage is withheld after that point, matching Michigan's public-project standard. Retainage is never withheld from the mobilization deposit, stored materials, change orders or time-and-materials work, and is due within 30 days after substantial completion of Maverick's work in the affected area or phase, whether or not the overall project is complete.
14.Late Payment and Collection Costs
A past-due balance owed by a business customer (a corporation, limited liability company, partnership or other entity, or an individual who signs Maverick's business-purpose statement) accrues simple interest at 1.5% per month (18% per year) from the due date until paid. A past-due balance owed by an individual for work at a residence accrues simple interest at 7% per year, the maximum Michigan permits by written agreement. Interest compensates Maverick for late payment and is not a penalty. Customer will reimburse every cost Maverick incurs to collect any unpaid amount, whether or not suit is filed, including reasonable attorney fees fixed by the court, collection-agency fees, court costs and the costs of preparing, recording and enforcing construction-lien or bond claims. Payments are applied first to costs, then interest, then principal.
15.Materials, Title, Risk of Loss and Substitution
Materials delivered to the site remain Maverick's property until paid for, and Maverick retains a security interest in all materials not yet incorporated into the work until paid in full; Customer authorizes Maverick to file a financing statement to perfect it. Customer bears the risk of loss, theft or damage to Maverick's materials and equipment stored on site from delivery until installation, except loss caused by Maverick, and will keep them insured and protected. If a specified product becomes unavailable, allocated or restricted, Maverick may substitute a product of equal or better performance after notice to Customer. Unused materials remain Maverick's property unless purchased as attic stock.
16.Lien and Bond Rights
Maverick's work is an improvement to real property, and Maverick keeps every construction-lien and payment-bond right Michigan law provides (MCL 570.1101 et seq.; MCL 129.201 et seq.). Within 10 days after Maverick's request, Customer will provide the recorded Notice of Commencement, the owner's and designee's names and addresses, the general contractor's name and a copy of any payment bond. Lien waivers are given only on Michigan's statutory forms, only for payment actually received, and conditional until funds clear. Nothing in this Proposal or any Customer document waives lien or bond rights in advance. Customer acknowledges that funds it receives for Maverick's work are trust funds under the Michigan Builders' Trust Fund Act (MCL 570.151).
17.Cancellation, Postponement and Rescheduling
Customer may cancel only by written notice. If Customer cancels after accepting this Proposal, Customer will pay, as liquidated damages and not as a penalty, 15% of the contract amount for Maverick's estimating, procurement, scheduling and lost-opportunity costs, which the parties agree are real but difficult to measure. If Customer cancels or postpones with less than 7 days' written notice before the scheduled start, or suspends the work after Maverick has mobilized, Customer also pays a rescheduling charge of 10% of the contract amount, plus an additional Mobilization if Maverick must return. In every case, non-returnable, custom-color, special-order or opened materials ordered for the project are billed at Maverick's cost, less any credit Maverick recovers, and standby and work performed are billed under Sections 10 and 11. These amounts are due within 10 days of the notice, and the deposit is applied to them. A residential customer's statutory three-business-day cancellation right is not affected.
18.Default, Suspension and Termination
If any amount remains unpaid 7 days after it is due, or Customer fails to provide the site conditions in Sections 4 through 8 or otherwise breaches this Proposal, Maverick may, on 7 days' written notice, suspend work until the default is cured; suspension extends the schedule and entitles Maverick to its shutdown, standby and remobilization costs. If the default continues for 30 days, Maverick may terminate, and Customer will pay for all work performed, materials delivered or ordered (including restocking), demobilization, and Maverick's overhead and profit on the work performed, plus interest and collection costs. Maverick may withhold the warranty until paid in full.
D. APPEARANCE, COMPLETION AND CARE
19.Samples, Appearance and Surface Characteristics
Samples, color chips, photographs and renderings show color and texture only. A field mock-up is furnished only where this Proposal includes one, and Customer's written approval of the mock-up (or, if none, of the sample) fixes the appearance standard. Hand-applied floors vary in color, gloss, texture, flake or quartz density and pattern between batches, areas, edges and coves, and occasional pinholes, small bubbles, craters, roller or trowel marks and minor texture differences from substrate outgassing are inherent; such variation within the approved standard is not a defect. Epoxy and some urethane resins amber, yellow, chalk or fade with sunlight or UV lighting; where color stability matters, Customer must select a UV-stable topcoat at the quote stage. Vehicle tires, forklift wheels and rubber-backed mats can mark, imprint or lift a coating through hot-tire pickup and plasticizer migration and are excluded unless the specified system is rated for that exposure. Repairs are made to the affected area only, may differ from the original floor in color, gloss and pattern, and do not entitle Customer to replacement of an entire floor to achieve uniformity.
20.Slip Resistance
No floor is slip-proof. Texture level is selected by Customer from Maverick's options, balancing traction against cleanability; if Customer does not select, Maverick installs the manufacturer's standard finish for the stated use. Traction depends on Customer's housekeeping, footwear, contaminants and wear, and textured surfaces wear smoother over time and may need re-texturing at Customer's cost. Maverick makes no warranty of any coefficient of friction and, to the fullest extent permitted by law, is not liable for slip-and-fall claims.
21.Chemical Exposure, Thermal Shock and Washdown
The installed system is warranted only for the Service Conditions described in this Proposal and for exposures listed as resistant in the manufacturer's published chemical resistance guide. Spills must be removed promptly. Hot water, steam, thermal cycling and hot or cold process discharge are covered only where the specified system is rated for that exposure on its product data sheet. Damage from unlisted chemicals, prolonged contact, steam cleaning, pressure washing above the data-sheet limit or a change in service conditions is excluded and voids the warranty for the affected area.
22.Substantial Completion, Acceptance and Return to Service
Each area is substantially complete when Maverick has completed the installation steps for that area or Mobilization and releases it to Customer, or when Customer occupies or uses it, whichever is first; punch-list and touch-up work does not extend the period. Customer will inspect each area at substantial completion and must report appearance items (color, texture, gloss and pattern) in writing before the area is put into service or within 7 days of substantial completion, whichever is first; otherwise the area is accepted as to appearance. Cure and return-to-service times are those on the product data sheet at the actual site temperature, and Maverick will state them at completion; until each stage is reached, Customer will keep the floor free of foot traffic, then wheeled traffic and loads, then water, cleaning and chemical exposure, in that order. Early use is at Customer's risk, and marks, imprints, dulling, bond loss or contamination from early traffic, moisture or chemicals are excluded and void the warranty for the affected area.
23.Protection and Maintenance
Post-installation floor protection is excluded from this Proposal. From the time Maverick releases an area, Customer will protect the floor from other trades, equipment, welding, dragged loads and impact, using breathable protection that does not trap moisture or leave residue, and will follow Maverick's written care guide for the installed system: pH-neutral cleaners, approved pads and brushes, prompt spill removal, walk-off mats, non-marking wheels, and periodic re-texturing or recoating as wear requires. Failure to protect and maintain the floor, or use of unapproved cleaners, equipment or coatings, is excluded from the warranty.
E. WARRANTY AND LIABILITY
24.Limited Warranty
Maverick warrants to Customer that, for the Warranty Period stated in this Proposal for each area, the installed system will remain bonded to the properly prepared substrate to which it was applied, will not blister or delaminate, will be free of defects in materials and workmanship, and will otherwise conform to the manufacturer's product data sheet and chemical resistance guide in effect when installation began. Where this Proposal states an adhesion-only warranty, only adhesion to the surface the system was applied to is warranted. The Warranty Period runs from substantial completion of each area or Mobilization, not of the overall project.
Remedy. Maverick's sole obligation, and Customer's exclusive remedy regardless of legal theory, is to repair or, at Maverick's option, replace the defective area, labor and materials included, at mutually agreed times within a reasonable period. Customer will clear the area of equipment and stock at its cost and provide the same site conditions required for the original work.
Notice and cooperation. Customer must give Maverick written notice (email acceptable) describing the defect, with photographs and location, within 30 days of discovery and within the Warranty Period, and must give Maverick and its manufacturer prompt, unobstructed access to inspect, test and repair before any repair, recoating or alteration by others.
Exclusions. This warranty does not cover: moisture vapor transmission, osmotic or hydrostatic pressure, water intrusion, efflorescence, alkali attack or a missing or failed vapor retarder, unless a Maverick-installed mitigation system is included and is the proven cause; substrate failure, including cracking, crack reflection, joint movement, curling, shrinkage, spalling, settlement, heaving, deflection, unsound or low-strength concrete, alkali-silica reaction and concealed contaminants; the appearance characteristics described in Section 19; wear, traffic patterns, gloss loss, scratches, gouges, impact, reverse impact, dropped or dragged objects, steel or hard wheels, spinning tires or welding; chemical, thermal, washdown and hot-tire exposures beyond Sections 19 and 21; use before the return-to-service times; damage by Customer, occupants, other trades, vandalism, fire, flood, freeze or acts of God; improper maintenance; joint sealant, caulk and cove or transition sealants, which are maintenance items; existing coatings or substrates not installed by Maverick, Customer-furnished materials and work by others tied into Maverick's work; and slip-and-fall claims.
Conditions. This warranty takes effect only when Maverick has been paid in full for all work and change orders on the project, and is void for the affected area if the service conditions change materially from those described in this Proposal; if the floor is repaired, recoated, patched or altered by anyone other than Maverick without Maverick's written consent; if Customer fails to give timely notice, refuses access or fails to cooperate; if site conditions were not maintained through installation and cure or Customer directed installation outside data-sheet conditions; if flaws in the substrate, slab design, drainage, vapor retarder or ancillary construction materially contribute to the failure; or if Customer withheld known moisture, contamination or hazardous-material information.
Manufacturer data. The product data sheet and chemical resistance guide in effect when installation began govern; Maverick will furnish copies on request. If Customer's specification or direction conflicts with the data sheet and Customer directs Maverick in writing to proceed, Maverick's warranty for that item is limited to workmanship and the manufacturer's material warranty passes through as issued.
Transfer. This warranty is issued to Customer for the project address and, where Customer is a general contractor, extends to the project owner named in this Proposal; it is not otherwise transferable or assignable without Maverick's written consent.
THIS IS MAVERICK'S SOLE WARRANTY. IT IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SUPERSEDES ANY CONTRARY PROVISION IN CUSTOMER'S FORMS.
25.Limitation of Liability
MAVERICK'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS PROPOSAL OR THE WORK, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID TO MAVERICK UNDER THIS PROPOSAL, AND FOR DEFECTIVE WORK IS LIMITED TO THE REPAIR REMEDY IN SECTION 24. NEITHER PARTY IS LIABLE TO THE OTHER FOR LOST PROFITS, LOSS OF USE, DOWNTIME, BUSINESS INTERRUPTION, RELOCATION OR STORAGE OF EQUIPMENT OR INVENTORY, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. These limits do not apply to indemnity for third-party bodily-injury claims or to Customer's obligation to pay for work performed. Maverick is not liable for pre-existing conditions or damage caused by others.
26.Time to Bring Claims
Any claim against Maverick arising from the work or this Proposal, whether in contract, warranty, negligence or otherwise, must be filed within one year after Customer discovers or reasonably should have discovered the condition giving rise to it, and in no event later than two years after substantial completion of Maverick's work in the affected area, or it is waived. Customer agrees this period is reasonable and reflected in Maverick's pricing. It does not shorten the Warranty Period stated in this Proposal or Maverick's time to collect amounts owed or to enforce lien or bond rights.
27.Indemnification
Each party will defend, indemnify and hold the other harmless from third-party claims for bodily injury or damage to property (other than the work itself) arising from the work, but only to the extent caused by the negligence or willful misconduct of the indemnifying party or those for whom it is responsible. Customer will additionally indemnify Maverick against claims arising from use of the floor after turnover, from undisclosed site or substrate conditions including hazardous materials, and from claims by Customer's other contractors, tenants or invitees relating to access, scheduling or business interruption. Neither party indemnifies the other for the other's sole negligence (MCL 691.991), and where Customer is a Michigan public entity Maverick's obligation is limited to its degree of fault.
28.Insurance
Maverick maintains commercial general liability, automobile and workers' compensation insurance and will furnish certificates on request. On written request before mobilization, Maverick will name Customer as additional insured for ongoing operations arising from Maverick's work. Higher limits, completed-operations coverage, primary and non-contributory or waiver-of-subrogation endorsements, project-specific policies, bonds or enrollment in a wrap-up program are provided only at Customer's cost by change order. A certificate of insurance confers no coverage beyond the policy terms. Customer will maintain property or builder's risk insurance covering the work and materials on site.
29.Force Majeure
Maverick is not liable for delay or failure to perform caused by events beyond its reasonable control, including weather, fire or casualty, labor disputes, accident or illness of key personnel, epidemic, government action, transportation or utility failure, supplier or manufacturer delay, allocation or shortage of materials, or site conditions caused by others. Maverick's time for performance is extended accordingly, and if such an event increases Maverick's material or labor cost or requires remobilization, the price is equitably adjusted.
F. GENERAL
30.Confidentiality and Project Photography
This Proposal, including its pricing, system build-ups, details and drawings, is Maverick's confidential work product furnished for Customer's evaluation only; Customer will not disclose it to competing bidders, use it to obtain competing pricing, or use Maverick's drawings or details for work not performed by Maverick. Maverick may photograph and video its work before, during and after installation for portfolio, training and marketing use, and will not publish Customer's name, logo, address, personnel or proprietary processes without Customer's written consent.
31.Governing Law, Forum and Dispute Resolution
Michigan law governs this Proposal and the work without regard to conflict-of-law rules. The parties will first try to resolve any dispute by direct negotiation between principals within 15 days after written notice. Any unresolved action between the parties shall be brought only in a state or federal court sitting in Michigan, and each party consents to that jurisdiction (MCL 600.745); lien and bond actions are filed where Michigan law requires, and Maverick may join any proceeding concerning payment for its work. In any dispute other than Maverick's collection of amounts due under Section 14, the prevailing party recovers its reasonable attorney fees and costs.
JURY WAIVER. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATED TO THIS PROPOSAL OR THE WORK.
32.General Provisions
Only an authorized Maverick representative may change pricing, scope, schedule commitments or these Terms; statements by installers or field personnel are not binding. Maverick's failure or delay in enforcing any term, or its acceptance of a late or partial payment, is not a waiver; waivers must be in writing. If any provision is unenforceable, it is limited to the extent necessary and the remainder stands. Customer may not assign this Proposal or any payment obligation without Maverick's written consent, and no assignment relieves Customer of liability; Maverick may assign its right to payment and may perform through Maverick-trained subcontract crews under its supervision. Notices must be in writing by email to the addresses on this Proposal (for Maverick, with a copy to Maverick Performance Solutions LLC, 25911 Northline Commerce Drive, Suite 306, Taylor, MI 48180) or by courier or certified mail; email notice is effective the next business day. Electronic signatures, scanned copies and counterparts are originals for every purpose (MCL 450.837; 15 U.S.C. 7001), and the CPQ e-signature audit record is conclusive evidence of signing. Maverick is an independent contractor, not Customer's agent, partner or joint venturer. These Terms are incorporated into any later purchase order, subcontract or change order between the parties.
Residential customers
This section applies only when the work is on a one- or two-family home, including its garage, basement, patio or porch.
R1.Residential customers
If the work is on a one- or two-family home, including its garage, basement, patio or porch, the statements on this page about your three-business-day right to cancel are part of this agreement and control over anything to the contrary. Maverick will not begin work or collect payment at your home before that cancellation period ends unless you request emergency service in your own handwriting. The 7% per year interest rate in Section 14 applies, and no cancellation charge applies to a cancellation made within the statutory period.
R2.Cancellation statement (MCL 445.113(1))
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. Additionally, the seller is prohibited from having an independent courier service or other third party pick up your payment at your residence before the end of the 3-business-day period in which you can cancel the transaction.
R3.Notice of Cancellation (MCL 445.113(2))
NOTICE OF CANCELLATION. (enter date of transaction) ____________ (date). You may cancel this transaction, without any penalty or obligation, within 3 business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to Maverick Performance Solutions LLC, at 25911 Northline Commerce Drive, Suite 306, Taylor, MI 48180 not later than midnight on ____________ (date). I hereby cancel this transaction. ____________ (date) ______________________ (buyer's signature)