• Phone: (920) 204-6975

Terms & Conditions

✦ Incorporated by reference into all Agreements and Proposals

PAVETECH SOLUTIONS – FULL TERMS & CONDITIONS

These Terms & Conditions (“Terms”) govern all pavement maintenance, preservation, and related services provided by PaveTech Solutions, Inc. (“Seller”) to any customer, property owner, tenant, manager, business, or authorized representative (“Buyer”). Services include, but are not limited to, sealcoating, crack filling, patching, infrared repair, overlays, striping, pavement markings, surface treatments, and related maintenance work.

These Terms are expressly incorporated by reference into all proposals, estimates, contracts, work authorizations, invoices, and agreements issued by Seller. Acceptance of any proposal, authorization of work, request for services, or payment of any invoice constitutes acceptance of these Terms, whether or not a separate written agreement is executed.

In the event of any conflict between these Terms and any proposal, estimate, invoice, or agreement, these Terms shall control.

1. ACCEPTANCE, AUTHORITY & PERSONAL GUARANTEE

Buyer acknowledges that Buyer has read, understands, and agrees to these Terms. Buyer represents and warrants that Buyer has full legal authority to authorize work and bind the property owner, resident, business, or corporate entity.

If Buyer is not the titled property owner, Buyer personally guarantees payment and performance and is jointly and severally liable for all obligations.

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

2. SCOPE OF WORK & ESTIMATES

All work is based on an estimated scope derived from visible surface conditions and information provided by Buyer.

Pavement maintenance is limited to surface-level preservation and does not constitute structural reconstruction unless expressly stated in writing.

Actual site, subsurface, subgrade, drainage, access, utility, and regulatory conditions may differ materially.

Seller may adjust scope, quantities, materials, methods, sequencing, and pricing as conditions become known.

Sketches, layouts, quantities, and measurements are for reference only and are not contract documents.

Minor deviations do not constitute a breach.

Seller may subcontract portions of the work at its discretion.

3. SCHEDULING, DELAYS & FORCE MAJEURE

All schedules and completion dates are estimates only.

Seller is not liable for delays caused by weather, temperature, humidity, permitting, inspections, material shortages, labor availability, subgrade conditions, third-party interference, governmental action, natural events, or circumstances beyond Seller’s control.

Seller may suspend, reschedule, or cancel work due to uncontrollable events without liability.

4. BUYER RESPONSIBILITIES & DUE DILIGENCE

Buyer bears sole responsibility for due diligence, including inspections, surveys, testing, engineering, planning, and regulatory compliance.

Seller is not an inspector, engineer, surveyor, soil scientist, or consultant.

Permitting, surveying, testing, engineering, and planning services are excluded unless expressly stated in writing.

Unless otherwise agreed, Buyer is responsible for:

  • Permits and approvals

  • Utility locating and marking

  • Drainage and water management

  • Erosion control

  • Site preparation and protection

Buyer assumes all risk for undisclosed, untested, unsuitable, deteriorated, or changing conditions and for disregarding Seller’s written recommendations.

5. CHANGES, EXTRAS & AUTHORIZATION

Unforeseen conditions may require additional work.

Buyer pre-authorizes Seller to adjust scope and pricing as reasonably necessary to complete the work safely and properly.

Buyer agrees that additional charges of up to one hundred fifty percent (150%) of the original contract value may be incurred without a written change order when required by unforeseen site conditions, safety concerns, or regulatory requirements.

Subgrade amendments, hauling, disposal, pumping, conveying, craning, heating, protection of materials, or specialty access are excluded unless expressly stated.

6. ACCESS, UTILITIES & PROPERTY CONDITIONS

Seller requires access for trucks, heavy equipment, and personnel and is not liable for damage caused by normal access or operations.

Buyer must identify underground utilities, structures, or hazards in writing prior to work.

Buyer bears responsibility for damage to unmarked, inaccurately marked, or undisclosed utilities or structures.

7. PAYMENT, DEFAULT, ENFORCEMENT & ENFORCEMENT-RELATED DISPUTE TERMS

7.1 Payment Obligations; Time of the Essence

Seller requires access for trucks, heavy equipment, and personnel and is not liable for damage caused by normal access or operations.

Buyer must identify underground utilities, structures, or hazards in writing prior to work.

Buyer bears responsibility for damage to unmarked, inaccurately marked, or undisclosed utilities or structures.

7.2 Interest on Late Payments

Any amount not paid in full within the grace period accrues interest at twenty-four percent (24%) per annum, or the maximum rate permitted by applicable law, whichever is less, calculated from the original invoice date until paid in full.

7.3 Late Account Administration Fee

Any invoice unpaid after the grace period incurs a late account administration fee of $200.00 per week, assessed weekly beginning on Day 8 after the original invoice date. These fees represent reasonable administrative costs, constitute liquidated damages (not a penalty), and accrue whether or not separately invoiced.

Seller may waive or reduce fees at its discretion without waiver of rights or precedent.

7.4 Material Default

Any invoice unpaid fourteen (14) calendar days after the original invoice date constitutes Material Default and a material breach of contract.

7.5 Default Escalation Administration Fees

In addition to interest and weekly fees, the following one-time administration fees apply automatically:

  • 14 days: Material Default Administration Fee – $250

  • 21 days: Collections Administration Fee – $500

  • 30 days: Lien Process Administration Fee – $1,000

  • 60 days: Litigation Administration Fee – $2,000

All fees accrue automatically whether or not separately billed.

7.6 Suspension or Termination of Work

Upon Material Default or non-payment, Seller may immediately suspend or terminate work without liability.

​All payments are non-refundable.

Buyer is responsible for all remobilization costs, delays, and price escalations.

7.7 Acceleration of Amounts Due

Upon Material Default, Seller may declare all outstanding amounts owed, whether invoiced or not, immediately due and payable.

7.8 No Withholding; Pay First, Dispute Later

Buyer shall not withhold, offset, delay, or reduce payment for any reason, including disputes, defects, or claims.

Payment obligations are absolute and unconditional.

7.9 Transfer to Counsel; Collection Costs

Buyer agrees to pay all costs of collection and enforcement, including attorney fees, court costs, expert fees, administrative expenses, and lien-related costs.

7.10 Lien Rights Preserved

Seller retains all statutory and contractual lien rights whether or not a lien is ultimately filed.

​"As required by the Wisconsin construction lien law, claimant hereby notifies owner that persons or companies performing, furnishing, or procuring labor, services, materials, plans, or specifications for the construction on owner's land may have lien rights on owner's land and buildings if not paid. Those entitled to lien rights, in addition to the undersigned claimant, are those who contract directly with the owner or those who give the owner notice within 60 days after they first perform, furnish, or procure labor, services, materials, plans or specifications for the construction. Accordingly, owner probably will receive notices from those who perform, furnish, or procure labor, services, materials, plans, or specifications for the construction, and should give a copy of each notice received to the mortgage lender, if any. Claimant agrees to cooperate with the owner and the owner's lender, if any, to see that all potential lien claimants are duly paid."

7.11 Application of Payments

Payments apply in the following order: interest, fees, principal.

7.12 No Waiver

No action or inaction by Seller constitutes a waiver of any right or remedy.

8. DISPUTE RESOLUTION

8.1 Governing Law & Venue

These Terms are governed by the laws of the State of Wisconsin.

Venue and jurisdiction are fixed exclusively in Outagamie County, Wisconsin, unless mandatory lien statutes require otherwise.

8.2 Optional Mediation

At Seller’s sole discretion, the parties may attempt non-binding mediation.

Mediation does not delay payment obligations or suspend enforcement rights.

8.3 No Stay of Payment

No dispute, claim, mediation, or proceeding suspends Buyer’s obligation to pay amounts due in full and on time.

8.4 Prevailing Party

The prevailing party is entitled to recover all attorneys’ fees, costs, and expenses to the fullest extent permitted by law.

9. PERFORMANCE STANDARDS & PAVEMENT CHARACTERISTICS

Pavement maintenance and sealcoating are not precision products.

Thickness is measured as an average.

Variations, cracking, color differences, texture variation, seams, tracking, and surface imperfections are normal and not defects.

Perfection is expressly disclaimed.

10. WARRANTY (LIMITED & NON-TRANSFERABLE)

Materials and workmanship will meet basic industry standards at the time of installation.

Warranty excludes wear, weather, aging surfaces, subsurface or subgrade deficiencies, drainage issues, chemical exposure, de-icing agents, improper use, overloading, misuse, and unauthorized repairs.

No implied warranties apply.

11. DEFECTS & RIGHT TO CURE

Defects must be reported in writing within forty-eight (48) hours of invoice and substantiated by written expert reports within two (2) weeks.

Seller retains a two-year right to cure.

All invoices must be paid in full before warranty consideration.

12. LIMITATION OF LIABILITY

Seller’s liability is limited to direct damages only.

Seller is not liable for consequential, incidental, or punitive damages.

13. INDEMNIFICATION

Buyer shall indemnify and hold Seller harmless from claims arising from Buyer’s breach, negligence, recklessness, or intentional acts.

14. CONFIDENTIALITY

These Terms are confidential and proprietary.

Unauthorized use or distribution is prohibited.

© 2026 PaveTech Solutions, Inc. All rights reserved.

Professional pavement maintenance, repair, preservation, sealcoating, crack sealing, mastic repair, infrared repair, and line striping throughout Wisconsin.

PaveTech Solutions, Inc.

  • Phone: (920) 204-6975

  • 1103 S Lynndale Dr Ste 104, Appleton, WI 54914

Business hours

Monday–Friday: 7:00 AM–5:00 PM

Saturday–Sunday: Closed

© 2026 PaveTech Solutions, Inc. All rights reserved.