Terms and Conditions
Effective Date: August 28, 2025
Last Updated: August 28, 2025
1. Definitions
- “Company,” “Contractor,” “we,” “us,” or “Bauer Specialty” refers to Bauer Specialty, LLC, its affiliates, and employees.
- “Client,” “you,” or “Customer” refers to the individual or entity contracting services from Bauer Specialty or using the website.
These Terms and Conditions apply to all transactions, services, and website interactions unless superseded by a written agreement.
2. Acceptance of Terms
By accessing our website or contracting services from Bauer Specialty, you agree to be legally bound by these Terms and Conditions, our Privacy Policy, and any additional agreements (e.g. estimates, contracts, or change orders).
If you do not agree to these terms, do not use our website or engage our services.
3. Scope of Work
All services provided by Bauer Specialty are described in the proposal, estimate, or work order provided to the Client. The scope may include insulation, foundation repair, waterproofing, crawl space services, and other specialty construction tasks.
No additional work will be performed without a signed change order or updated agreement.
4. Estimates and Pricing
All estimates are based on the information provided and a preliminary site inspection. Bauer Specialty reserves the right to revise estimates due to:
- Unforeseen site conditions
- Hidden damage
- Customer-requested changes
- Cost increases in labor or materials
All changes must be documented and approved in writing.
5. Right of Access and Site Conditions
The Client agrees to provide:
- Safe and timely access to the job site
- Clear work areas, including the removal of personal belongings or valuables
- Access to utilities and staging areas
- Keys, access codes, or security instructions as needed
Failure to provide access may result in delays and additional charges.
6. Permits and Approvals
Unless otherwise agreed in writing, the Client is responsible for securing all permits, variances, HOA approvals, or utility clearances required for the work.
Delays caused by lack of approvals are not the responsibility of Bauer Specialty.
7. Scheduling and Delays
Work will be scheduled based on material availability, crew availability, and weather conditions. Project timelines are estimates and not guarantees.
We are not liable for delays due to:
- Inclement weather
- Supply chain disruptions
- Labor shortages
- Unforeseen jobsite conditions
- Force Majeure events (see Section 14)
8. Cancellation and Right to Rescind
Clients may cancel services within three (3) business days of signing the agreement, without penalty.
Cancellations made after this period may be subject to:
- Administrative fees
- Reimbursement for materials ordered
- Labor or mobilization costs incurred
All cancellations must be made in writing.
9. Payment Terms
Unless otherwise specified in the agreement:
- A deposit is required to schedule work.
- Final payment is due upon substantial project completion.
- For multi-phase projects, progress payments may be required.
Late payments will incur interest at 1.5% per month (18% annual), or the maximum allowed by law. Non-payment may result in:
- Suspension of work
- Lien filings
- Collection efforts, including legal action
The Client is responsible for all legal or collection fees associated with non-payment.
10. Warranties
Workmanship warranties are provided per the terms stated in your specific service agreement. Warranty coverage varies depending on the service performed.
Exclusions include:
- Damage due to misuse, abuse, or neglect
- Natural disasters or severe weather events
- Pre-existing structural issues not corrected as part of the project
- Repairs or alterations by third parties
Warranty claims must be submitted in writing within the warranty period.
11. Limitation of Liability
Bauer Specialty’s liability is strictly limited to the value of the services provided. We are not responsible for:
- Incidental, consequential, or indirect damages
- Loss of use, income, or property value
- Damages caused by delays, material shortages, or site conditions
Client agrees to indemnify Bauer Specialty from third-party claims arising from misuse or unsafe conditions at the job site.
12. Insurance and Risk
Bauer Specialty maintains commercial general liability insurance and workers’ compensation coverage.
Clients are advised to maintain property insurance for loss, theft, or damage unrelated to our direct actions.
The Client assumes responsibility for any on-site hazards that are not disclosed prior to the start of work.
13. Hazardous Materials
Unless specifically included in the contract, Bauer Specialty does not handle hazardous materials including but not limited to:
- Asbestos
- Mold
- Lead paint
- Biological contaminants
If such materials are discovered during the project, work will stop until remediation is completed by a certified specialist. Additional charges may apply for project delays.
14. Force Majeure
Bauer Specialty shall not be held liable for delays or failure to perform resulting from causes beyond its reasonable control, including:
- Acts of God (e.g., storms, floods, fire)
- Labor strikes
- Supplier failures
- Government regulations or restrictions
- Pandemics or public health emergencies
In such events, project timelines will be adjusted accordingly.
15. Intellectual Property
All content on Bauer Specialty’s website—including text, images, logos, designs, and downloadable materials—is the intellectual property of Bauer Specialty. You may not reuse, copy, or distribute any materials without written permission.
16. Third-Party Links
Our website may include links to third-party websites. These are provided for convenience only. Bauer Specialty is not responsible for the content, accuracy, or security of any external site.
17. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania. Any disputes will be resolved in the courts located in Erie County, PA, unless otherwise agreed in writing.
18. Dispute Resolution
If a dispute arises from work performed, both parties agree to first attempt to resolve the matter in good faith.
If unresolved, disputes may proceed to:
- Mediation (non-binding)
- Arbitration (if mutually agreed)
- Court proceedings in Erie County, Pennsylvania
Each party shall bear its own legal fees unless otherwise ordered by the court.
19. Entire Agreement
These Terms and Conditions, along with any signed proposals or service agreements, constitute the entire agreement between Bauer Specialty and the Client.
No verbal agreements or understandings shall override these terms. Any amendments must be made in writing and signed by both parties.
20. Severability and Waiver
If any provision of these Terms is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
Failure by Bauer Specialty to enforce any provision does not constitute a waiver of our rights.
21. Assignment
The Client may not assign, transfer, or subcontract the agreement or any portion thereof without prior written consent from Bauer Specialty.
22. Contact Information
If you have any questions or require clarification on these Terms and Conditions, you may contact us at:
Bauer Specialty
4002 Main Street
Erie, PA 16511
Phone: (814) 898-8517
Email: [email protected]