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AquaLife Construction LLC.

Client agreement — terms, conditions & policies

AQUALIFE CONSTRUCTION LLC

CLIENT AGREEMENT – TERMS, CONDITIONS & POLICIES

Last Updated: 10/11/2026

This Client Agreement (“Agreement”) is entered into between AquaLife Construction LLC (“Contractor”) and the Client (“Client”). By engaging Contractor for services, purchases, or installations, Client acknowledges and agrees to the following terms:

1. GENERAL TERMS & CONDITIONS

1.1 Scope of Work

Contractor agrees to perform services detailed in executed contracts, estimates, or invoices. Additional work beyond the original scope requires a written Change Order, potentially adjusting timelines and costs.

1.2 Governing Law & Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict-of-law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Summit County, Ohio, and the parties irrevocably submit to the personal jurisdiction of such courts. The Client waives any objection to venue, including claims that Summit County is an inconvenient forum.

1.3 Acceptance of Agreement

Agreement acceptance is implied through deposit payment, signature/approval of estimates, or purchase of products/services.

2. RETURNS, REFUNDS & PRODUCT POLICIES

2.1 Returns & Refunds

Accepted within 10 days of purchase. Items must be unused, in original packaging, and resalable.

2.2 Large & Heavy Items

Non-returnable: docks, boat ports, ramps, custom-built structures.

2.3 Return Authorization

A Return Authorization (RA) is required. Unauthorized returns will be refused.

2.4 Restocking Fees & Non-Returnable Items

20% restocking fee for large/special-order items.

Non-returnable: Custom products, items over 30 lbs or 3 feet in length.

2.5 Refund Process

Issued within 30 business days post-inspection, via original payment method.

3. WARRANTIES & DISCLAIMERS

3.1 Ice Damage Disclaimer

No warranty against ice damage (e.g., shifting, cracking).

3.2 Craftsmanship Guarantee

2-year limited warranty on workmanship.

Exclusions: Normal wear, storm damage, flooding, improper use.

3.3 Dock Movement & Wobble Disclaimer

Fixed docks may shift due to natural conditions; not considered defects. Floating docks recommended for increased stability.

3.4 Dock Repairs Disclaimer

Repairs performed as-is, no warranty provided.

3.5 No Warranty on Client-Supplied Materials

Contractor makes no warranty, express or implied, on materials supplied by the Client. Contractor’s warranty is limited solely to labor on such installations.

4. UNFORESEEN CONDITIONS, HIDDEN OBSTACLES & RISK ALLOCATION

4.1 Client Acknowledgment of Risk

Client recognizes inherent risks: hidden conditions, subsurface issues, submerged debris, buried utilities, groundwater seepage, weather delays, material shortages, price fluctuations, regulatory changes, and client-provided misinformation or improper surveys.

4.2 Permits & Approvals

Unless expressly stated in writing, the Client is responsible for obtaining all permits, licenses, and approvals required for the project.

4.3 Discovery & Notification

Contractor will promptly notify Client upon discovering materially different unforeseen conditions.

4.4 Scope, Cost & Schedule Adjustments

Mutually agreed changes documented via written Change Order. Client accepts responsibility for costs and timeline extensions resulting from unforeseen conditions.

4.5 Modification or Termination

Contractor may modify scope or terminate Agreement if mutually agreeable solutions cannot be reached or if Client becomes uncooperative.

4.6 Client Responsibility Upon Termination

Client compensates Contractor fully for materials, labor, incurred expenses, and damages resulting from misinformation or improper surveys.

4.7 Indemnification & Liability Limitation

Client indemnifies and holds Contractor harmless from claims related to unforeseen conditions, barring gross negligence or misconduct by Contractor. In no event shall Contractor’s total liability exceed the total amount paid by Client to Contractor for the work.

5. FORCE MAJEURE & WEATHER/WATER LEVEL CONDITIONS

Contractor is not liable for delays or damage due to weather, ice movement, fluctuating water levels, flooding, natural disasters, supply chain issues, or regulatory/legal constraints.

6. PROJECT COMPLETION, EFFICIENCY & ACCESS REQUIREMENTS

6.1 Completion

Early project completion does not entitle Client to cost savings. Pricing is scope-based, not time-based.

6.2 Site Access

Client shall provide clear and safe access to the worksite, including removal of boats, lifts, furniture, or other obstacles, prior to scheduled work. If access is not provided, delays and additional mobilization fees may apply.

7. DEFAMATION & PUBLIC DISPARAGEMENT

7.1 Prohibited Actions

Client shall not distribute false or defamatory statements about Contractor's reputation, work, or employees.

7.2 Legal Remedies

Contractor reserves the right to pursue retractions, cease-and-desist actions, and monetary damages including attorney’s fees.

8. PAYMENT TERMS & NON-PAYMENT PROTECTIONS

8.1 Payment Schedule & Due Dates

All payments are due in accordance with the payment schedule stated on the signed contract, estimate, or invoice. Work may be suspended if any installment is unpaid when due.

8.2 Late Payment Charges

Any balance remaining unpaid 30 calendar days after the due date will accrue a late payment charge of 5% of the outstanding balance, applied for each additional 30-day period (or part thereof) until paid in full. Late charges are calculated on the unpaid balance at the close of each 30-day period and will continue to accrue until the account is paid in full. Client acknowledges and agrees that these late charges are a reasonable estimate of the costs, administrative time, and financing burden associated with delayed payment, and are not a penalty.

8.3 Compounding and Application of Payments

Late charges are applied to the unpaid balance only and do not themselves accrue additional interest unless the account remains unpaid for additional 30-day periods, in which case a new late charge will be assessed on the then-current unpaid balance. Payments will be applied first to any accrued late charges, then to the principal balance.

8.4 Ownership of Materials

All materials remain the property of Contractor until payment is received in full. Contractor retains the right to remove materials in the event of non-payment, without liability for damage caused during removal.

8.5 Service Suspension & Termination

Contractor reserves the right to suspend or terminate any work, delivery, or future service in the event of non-payment, without liability for delays caused by such suspension. Resumption of work will occur only after payment of all past-due amounts, including late charges.

8.6 Collection Costs & Attorney’s Fees

In addition to late charges, Client shall be responsible for all reasonable collection costs, including court costs and attorney’s fees, incurred by Contractor in recovering any overdue balance. The prevailing party in any legal action arising from non-payment shall be entitled to recover its reasonable attorney’s fees and costs.

9. DISPUTE RESOLUTION, JURISDICTION & LEGAL FEES

9.1 Mediation First

The parties agree to attempt to resolve any dispute arising out of or relating to this Agreement through good-faith mediation before initiating any litigation or arbitration.

9.2 Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict-of-law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Summit County, Ohio, and the parties irrevocably submit to the personal jurisdiction of such courts. The Client waives any objection to venue, including the claim that it is an inconvenient forum.

9.3 Attorney’s Fees

In any legal action arising from or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs from the non-prevailing party.

10. PHOTOGRAPHY & MARKETING RIGHTS

Client grants Contractor the right to photograph and/or video the project site before, during, and after completion for marketing, training, and portfolio purposes.

11. CONTACT INFORMATION

Email: emailus@aqualifeconstruction.com

Phone: 330-622-1429

By engaging AquaLife Construction LLC, Client acknowledges and agrees to all terms herein.