Bay Area Land Management
(920) 247-5950 bayarealandmanagement.com
Oneida, WI

Terms and Conditions

  1. Specific Work to be Performed by Contractor. Contractor agrees to perform and complete tasks and/or provide materials on the project, as indicated below or on the attached Addendum/Addenda.
  2. Commencement and Completion Date. Contractor shall commence work under this Agreement on the “Commencement Date” and shall complete work on the project on the “Completion Date” as indicated on the attached Addendum.  The term of this Agreement shall be that period of time from Commencement Date through Completion Date, if indicated.
  3. Effect of Addendum/Addenda. The terms and conditions of the attached Addendum or Addenda, including bids, designs, estimates, plans, quotes, or work orders, if any, are incorporated into this Agreement by reference, as though re-stated and set forth fully, and are subject to all terms and conditions contained in this Agreement.
  4. Additional Charges/Change Orders. All change orders must be made in advance, in writing or email conversation, and paid in full at time of signing, or final invoice, whichever is agreed upon.
  5. Permits. Owner/Customer acknowledges that work under this Contract may require permit(s) to be issued by the local municipality.  Any and all permits required shall be the sole responsibility and cost of Owner/Customer.
  6. Insurance.  Contractor carries liability insurance. Customer shall insure the materials while on site and construction is in progress. Contractor shall not be responsible for loss or damage to same. Contractor shall provide a copy of proof of insurance coverage when requested by Owner/Customer.
  7. Payments to Contractor. All payments to Contractor, including payments for materials and labor, and the total amount owed for the project, shall be made as indicated on the attached Addendum.
  8. Default. Any late payments or non-payments by Owner/Customer shall constitute a default of this Agreement. Upon default, without limitation, Contractor shall be entitled to interest at the rate of Eighteen Percent (18%) per annum on any outstanding balance owed.
  9. CUSTOMER’S RIGHT TO CANCEL. You may cancel this Agreement by mailing a written notice to Bay Area Land Management, PO Box 344, Oneida, WI 54155.  If you wish, you may use this page as that notice by writing “I hereby cancel” and adding your name and address.  A duplicate of this page is provided by the Contractor/Seller for your records.
  10. Cancellation after Work Commenced. Any cancellation by Owner/Customer or Contractor must be in writing or email and received by Contractor or Owner/Customer. In the event that Owner/Customer or Contractor cancels this Agreement after midnight of the third (3rd) business day after Customer has signed Agreement and work has commenced on the project by Contractor, then Contractor shall be entitled to receive an appearance fee of $300 for each day it or its employees or subcontractors appeared to work on the project prior to receipt of the written notice, plus the costs incurred for labor, materials, machinery usage and all rental fees.
  11. Access to Property or Site of the Project. Owner/Customer shall reasonably provide access to the project site at all times necessary to Contractor and its subcontractors to perform and complete all work on the project. Unless otherwise stated in the specified written contract, all repairs of access routes and storage sites to be performed by owner. Bay Area Land Management, LLC is not responsible for damage to the existing driveways, parking lots, roads, buried gutters, irrigation systems, or sidewalks, etc., when accessing work areas with trucks or equipment. Not responsible to damage to private lines or utilities not marked or invalid by Diggers Hotline.
  12. Subcontractors. Contractor reserves the right to hire subcontractors as needed to perform work on the project.  Contractor will notify Owner in writing of any subcontractors. Contractor has no liability for other contractors hired directly by Owner/Customer.
  13. Lien Notice.  Notice of Contractor’s lien rights, in the form of the Wisconsin Lien Law Notice, is given below. Contractor shall provide lien waiver(s) to Owner upon confirmation of final payment.
  14. Disputes. All disputes arising out of this Agreement may, at the discretion of Contractor, be resolved by mediation, binding arbitration or litigation in Brown County, Wisconsin. Contractor reserves all rights and remedies available, including collection of reasonable attorney’s fees, costs and disbursements.
  15. Notices.  Notices from either party to the other shall be in writing and sent via U.S. Mail to the addresses below or emailed. Parties must immediately notify the other regarding any change in address.
  16. Hold Harmless and Indemnification. Contractor and Owner/Customer agree to hold each other harmless and indemnify each other, and their respective officers, agents, employees, successors or assignees, from any and all claims, losses, damages, or injuries, including special or consequential damages, and attorney fees, costs and disbursements caused by, arising out of or resulting from the actions of the other party, or third parties, including without limitation, any negligence, intentional acts, bad faith or misrepresentation of the other party
  17. Force Majeure.  Neither Party will be responsible for delays or failure of performance under this Agreement resulting from acts of God, pandemics, weather, war, terrorism, strikes, epidemics, failure of suppliers to perform or deliver, earthquakes, power failures, or other causes beyond the control of that Party which render performance by that Party impossible.
  18. Binding Effect. This Agreement, along with any Addendum or Addenda, is a legally binding contract and the Parties therefore agree to full performance of all of the covenants and terms expressed in this Agreement and to be bound to the full extent of the law. Further, this Agreement and all of its covenants and terms shall apply to the Parties, as well as to their agents, employees, assigns, successors, receivers, administrators, executors or personal representatives, who agree to the full performance of the covenants of this Agreement.
  19. Entire Agreement and Severability. This document, along with any Addendum or Addenda as indicated above, is the entire Agreement between the parties. No other covenants have been made. Any amendments or modifications must be made in writing or email and executed by both parties. If any provision of this Agreement shall be found to be invalid or unenforceable for any reason, it shall not preclude the enforcement of the other remaining provisions in this Agreement; all remaining provisions shall remain valid and be enforced in accordance with their terms to the extent possible.
  20. Purchase Orders. Entities that use “Purchase Orders” as derived provisions to contract services are in Entire Agreement to the original Terms and Conditions in this Agreement.
  21. Authority to Contract. Each Party has full legal authority to enter into this Agreement including all liabilities created.
  22. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Wisconsin.
  23. Copies of Agreement. Owner/Customer acknowledges having received Agreement and will be able to make copies of this Agreement and any Addenda.
  24. Warranties. No warranties shall apply or be honored until payment in full is made by Owner/Customer under this Agreement.
  25. Comprehension by Owner/Customer. The Owner/Customer can read and has read the contents of this Agreement and any Addenda, or has had this Agreement and any Addenda read to him or her by a third party chosen by Owner/Customer, and understands all of the contents presented.
  26. Returns and Exchanges. Products and materials that can be returned or exchanged are subject to a 35% restocking fee, plus any labor and trucking/delivery costs. Costs for trucking/deliveries will be determined by contractor.
  27. Quote/Binding Contract.  The terms of this Addendum are valid from the date presented. If signed by both parties this Addendum shall become a legally binding contract, subject to all of the terms and conditions above in this Addendum and in the Contractor Agreement.

WISCONSIN LIEN LAW – NOTICE TO OWNER: AS REQUIRED BY WISCONSIN CONSTRUCTION LIEN LAW, THE CLAIMANT (CONTRACTOR) HEREBY NOTIFIES YOU (THE OWNER) THAT PERSONS OR COMPANIES PERFORMING, FURNISHING OR PROCURING LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION PROJECT ON YOUR LAND MAY HAVE LIEN RIGHTS ON YOUR LAND AND BUILDINGS IF NOT PAID.  THOSE ENTITLED TO LIEN RIGHTS IN ADDITION TO THE UNDERSIGNED CLAIMANT, ARE THOSE WHO CONTRACT DIRECTLY WITH YOU OR THOSE WHO GIVE YOU NOTICE WITHIN SIXTY (60) DAYS AFTER THEY FIRST PERFORM, FURNISH OR PROCURE LABOR, SERVICES, MATERIALS, PLANS OR SPECIFICATIONS FOR THE CONSTRUCTION.  ACCORDINGLY, YOU 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 YOUR MORTGAGE LENDER, IF ANY.  CLAIMANT(CONTRACTOR) AGREES TO COOPERATE WITH YOU (THE OWNER) AND YOUR LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.