Terms and Conditions

Terms & Conditions

Minnesota Concrete Experts Inc 10/13/2024

These Terms & Conditions (“Terms”) govern all estimates, proposals, contracts, and work performed by Minnesota Concrete Experts Inc (“Omega Concrete,” “we,” “us,” or “our”) for our customers (“you” or “Customer”). By accepting an estimate, signing a proposal, scheduling work, or making a deposit, you agree to these Terms.

1. Estimates & Proposals

• All estimates are valid for 14 days from the date issued unless otherwise stated in writing.
• Estimates are based on conditions visible or disclosed at the time of the site visit. Hidden conditions discovered during the project — including but not limited to buried debris, unstable soil, unmarked private utility lines, excessive existing concrete thickness, or rebar/wire mesh requiring additional removal effort — may result in additional charges. We will notify you and obtain your approval before proceeding with any additional work.
• Concrete, aggregate, and material prices are subject to market fluctuation. If material costs increase significantly between the estimate date and the scheduled work date, we reserve the right to adjust pricing with written notice before work begins.

2. Scheduling & Weather

• Concrete work is weather-dependent. Rain, extreme heat, cold, or frost conditions may require rescheduling for the quality and durability of your project. We will not pour concrete in conditions that compromise the finished product.
• Scheduled dates are estimates, not guarantees. We will communicate any delays as early as possible.
• Rescheduling due to weather, supplier delays, or conditions beyond our control does not constitute a breach of contract and does not entitle the Customer to any discount or compensation.

3. Payment Terms

• A deposit of 33.34% or 50% is required to secure your project on our schedule. Deposits are applied to the total contract price.
• The remaining balance is due upon substantial completion of the work, unless other terms are agreed to in writing.
• Accepted payment methods: [check, card, ACH, etc.].
• Late payments accrue interest at the rate of 10% per week or the maximum rate allowed by Minnesota law, whichever is less.
• Customer agrees to pay all reasonable costs of collection, including attorney fees, incurred in collecting past-due amounts.

4. Changes to the Work

• Any changes to the scope of work must be agreed upon in writing (email or text message confirmation is acceptable) before the change is performed.
• Change orders may affect both the price and the schedule.

5. Site Access & Customer Responsibilities

Customer agrees to:

• Provide clear access to the work area for equipment, trucks, and crew on scheduled work days, including moving vehicles out of the driveway and garage as needed.
• Mark or disclose all private underground lines (irrigation/sprinkler systems, landscape lighting, invisible pet fences, private gas lines to garages or fire pits, sump discharge lines, etc.). Public utilities are located through Gopher State One Call before excavation; private lines are not covered by utility locates, and Omega Concrete is not responsible for damage to unmarked private lines.
• Keep children and pets away from the work area at all times during the project and until the concrete has cured.
• Refrain from walking, driving, or placing objects on new concrete until we advise it is ready (typically no foot traffic for 24–48 hours and no vehicle traffic for 7 days, unless we instruct otherwise).

6. Removal & Disposal

• Unless stated otherwise in your proposal, removal and disposal of the existing concrete is included in the contract price.
• Minor disturbance to lawn, landscaping, or sod immediately adjacent to the work area is a normal and expected part of concrete replacement. Reasonable care will be taken, but restoration of landscaping is not included unless specified in writing.

7. Concrete Characteristics

Concrete is a natural product, and certain characteristics are normal and not defects:

• Cracking. All concrete can crack. We install control joints to encourage cracking to occur within the joints, but hairline cracks outside of joints can still occur and are considered normal.
• Color variation. Concrete color varies with batch, weather, curing conditions, and finishing. Uniform color is not guaranteed, and new concrete will not match the color of existing or adjacent concrete.
• Surface variations. Minor imperfections, trowel marks, and slight texture differences are inherent to hand-finished concrete.

These characteristics are excluded from warranty coverage.

8. Curing, Sealing & Maintenance

• Do not apply de-icing salts or chemicals to new concrete for at least the first two winters. Deicers (including salt tracked in from vehicles and city streets) cause surface scaling and spalling and will void the warranty for affected areas.
• Customer is responsible for maintaining the concrete after completion, including periodic sealing (recommended every 2–3 years), keeping joints clean, and directing water away from slab edges.
• Damage caused by de-icers, fertilizer, harsh chemicals, tree roots, soil movement, water/drainage issues, vehicle loads beyond residential passenger vehicles, or lack of maintenance is not covered by warranty.
• Concrete cracks and is not a suitable reason for warranty work under this provision as they are usually a sign of shrinkage not a lack of workmanship.

9. Warranty

• Minnesota Concrete Experts Inc warrants its workmanship for a period of 2 year(s) from the date of substantial completion.
• The warranty covers defects in workmanship only. It does not cover the normal concrete characteristics described in Section 7, damage described in Section 8, settling caused by soil conditions, acts of God, or damage caused by third parties.
• Warranty claims must be submitted in writing. Our obligation under this warranty is limited to repair or replacement of the defective work, at our discretion. Repair or replacement is your sole and exclusive remedy.
• The warranty is non-transferable and applies only to the original Customer at the original property, and is void if the balance owed has not been paid in full.

10. Cancellation

• Customer may cancel a signed contract within three (3) business days of signing as provided by Minnesota law for home solicitation sales, where applicable.
• Cancellations after work has been scheduled may be subject to forfeiture of the deposit to cover incurred costs and prevent cancelation.

11. Limitation of Liability

To the fullest extent permitted by law, Minnesota Concrete Experts Inc’s total liability for any claim arising out of or related to the work shall not exceed the total contract price paid by the Customer. In no event shall Omega Concrete be liable for indirect, incidental, or consequential damages, including loss of use.

12. Mechanic’s Lien Rights

As required by Minnesota law, please be advised that persons or companies furnishing labor or materials for improvement of real property may have lien rights against the property if not paid. Minnesota Concrete Experts Inc will provide any statutorily required pre-lien notice with your contract.

13. Photos & Marketing

We may photograph completed projects for our portfolio, website, and marketing. Photos will not include your address, house number, or identifying personal details. If you prefer that your project not be photographed or used in marketing, notify us in writing and we will honor that request.

14. Disputes & Governing Law

• These Terms and any contract between the parties are governed by the laws of the State of Minnesota.
• The parties agree to first attempt in good faith to resolve any dispute directly before pursuing legal action.
• Venue for any legal action shall be the state courts located in the county where the project property is located.

15. General

• If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
• These Terms, together with your signed proposal or contract, constitute the entire agreement. In the event of a conflict between these Terms and a signed contract, the signed contract controls.
• Omega Concrete’s failure to enforce any provision is not a waiver of the right to enforce it later.

Minnesota Concrete Experts Inc 5770 2 1/2 ST NE FRIDLEY MN 55432 763-657-9607 · info@omegaconcreteinc.com