Standard Terms of Sale

American Classic Construction, Inc.

These Standard Terms of Sale (“Terms”) are between American Classic Construction, Inc. (“ACC”) and the owner or customer (collectively, “Customer”) contracting with ACC to provide certain materials, labor and/or other work for a certain construction project (“Project”) or repairs or alterations (collectively, “Repairs”). In these Terms, the “Agreement” shall mean these Terms, all plans and specifications agreed upon by ACC in writing (or by email or text) and ACC’s written proposal or quote (which may be by email or text). CUSTOMER’S APPROVAL OR CONSENT TO MOVE FORWARD WITH THE PROJECT, THE REPAIRS AND/OR THE WORK (INCLUDING WRITTEN SIGNATURE OR EMAIL CONFIRMATION OR TEXT CONFIRMATION) CONSTITUTES AN AGREEMENT TO THESE TERMS AND ALL OTHER TERMS OF THE AGREEMENT.

Construction of Improvements or Repair. ACC agrees to provide all materials, labor and other work (such materials, labor and other work will be referred to collectively as the “Work”) required to complete (a) the construction of the Project in accordance with the plans agreed upon by ACC in writing (or by email or text), or (b) the Repairs. Any plans, drawings and specifications (“Plans and Specifications”) are and remain the sole property of ACC. ACC is not responsible for fulfilling any obligations of Owner or other third party that are set forth in the Plans and Specifications, and Owner assumes all risks and liabilities arising out of Owner’s or other third party’s failure to fulfill such obligations in the Plans and Specifications. To the extent the Plans and Specifications provide for options that may be selected by Customer, Customer shall notify ACC of its selections promptly to avoid delays in completion. In the event Customer fails to promptly make any selection, (i) ACC may delay work until Customer makes the selection; and (ii) Customer shall be responsible for all additional costs, expenses and damages incurred by ACC as a result of such delay. Customer represents and warrants that it has provided to ACC all information that Customer has regarding any conditions relating to the Project or the Repairs that may materially affect the Work.
Time for Completion; Repairs of Leaks.

(a) ACC agrees to use good faith efforts to complete the Work in a timely manner. However, if there is any delay in completing the Work for any reason, Customer will not be entitled to an adjustment in the Contract Price. Further, if ACC’s Work is delayed by the Customer or Customer’s contractors or subcontractors, then ACC may invoice Customer for the delay costs and may also accelerate invoicing, all of which Customer agrees to pay.

(b) With respect to Repairs involving leaks, ACC informs Customer that such Repairs might not be successful on the first attempt and that Customer is responsible for payment for additional visits to attempt such Repairs (not just payment for the first visit).

Contract Price. The contract price (“Contract Price”) to be paid to ACC by Customer for the Work shall be the price mutually agreed upon by the parties in writing or by email or text (or, in the case of Repair, ACC’s standard charges for materials, labor and travel). The Contract Price may be adjusted as follows: (a) pursuant to Change Orders as addressed below; (b) ACC may adjust the Contract Price in the event of unforeseen market conditions (for example, tariffs) affecting materials that increase prices; and (c) as otherwise set forth in these Terms. Further, in the event of unforeseen market conditions affecting materials as referenced above, ACC may substitute alternative materials for the affected materials.
Payments.

(a) Payment Terms. Unless otherwise agreed by ACC, the following payment terms apply: (i) ACC may require a down payment in the amount specified by ACC, which will be due upon receipt; (b) ACC will issue invoices to Customer on a monthly basis, which will be due in net 10 day terms; and (c) ACC will issue a final invoice after completion of the Work, which will be due in net 10 days.

(b) Disputed Charges. If Customer disputes the amount of any invoice, Customer shall provide written or email notice of the dispute and the reason for dispute within 5 days after receipt of the invoice. Any dispute that is not timely raised as required by the preceding sentence is deemed waived.

(c) Default in Payment. In addition to ACC’s other remedies for a payment default by Customer, ACC may suspend performance if Customer fails to make any required payment on a timely basis. Any invoice which is not paid when due shall bear interest at a rate equal to the lesser of 2.0% per month or the maximum rate permitted by law. In addition, ACC shall be entitled to recover its actual attorney fees and expenses incurred in collecting any unpaid invoice or other amount.

Subcontractors. ACC may subcontract some or all of the Work to subcontractors. ACC will manage and coordinate the construction activities of all subcontractors.

6. Changes in Project or Repairs.

(a) Change Orders. During the course of construction, Customer may request changes in the Work. ACC may issue a change order (a “Change Order”) for such changes, which Change Order will be signed by Customer, or confirmed by email or text, upon ACC’s request. The Change Order will reflect the increase to the Contract Price and any adjustment to the completion date or schedule. In the event that, for any reason, a Change Order is not signed but ACC has nevertheless supplied materials, labor or other work that were not included in the original scope of the Work, then ACC shall be entitled to an increase in the Contract Price and an adjustment in the completion date or schedule as if a Change Order had been signed.

(b) Snow and Ice Removal; Unforeseen Conditions; Other. ACC may charge for the costs of snow and ice removal even if not included in the Contract Price. If any unsuitable, unusual, unanticipated, or unforeseen conditions or materials are encountered at the Project or involve Repairs which ACC did not foresee, and it is necessary to remove or correct them to reasonably complete the Work, or the same increase ACC’s cost to complete the Work, then the cost of the correction of these conditions or the additional costs and expenses incurred by ACC plus ACC’s profit margin shall be paid by Customer to ACC upon demand. These conditions shall include, but shall in no event be limited to, the repair or replacement of rotted, rusted, or other compromised decking (roof, floor, or other exterior decking), carpentry, masonry, or other such materials or conditions discovered by ACC after commencement of the Work, or unanticipated or unsuitable soil or subsoil conditions encountered at the Project or involving the Repairs, including the presence of unsound ground, high water table, rocks, peat, muck, stumps, rubbish or other conditions. ACC will also not be responsible for dust, debris, or ceiling components that may fall from below the roof deck during roofing operations. Customer shall also be responsible to pay ACC for all changes in the Work required by any laws, regulations or building codes.

7. Insurance. ACC shall procure and keep in effect during the period in which it performs any construction activity on the Project or involving the Repairs liability and property damage insurance. All insurance obtained by ACC shall be obtained from reputable companies in good standing under the laws of the State of Michigan.

Licenses and Approvals; Utilities. Customer shall obtain all necessary permits and approvals necessary for the completion of the Work, although Customer acknowledges that ACC may obtain such permits and approvals as an accommodation to Customer. Customer shall be responsible for all utilities used at the Project or involving the Repairs during and after construction of the Work.
Clean-Up. Unless Customer has provided a dumpster, upon completion of the Work, ACC shall remove all waste materials and rubbish from the Project or the Repairs resulting from ACC’s work, as well as ACC’s tools, construction equipment, machinery, supplies and excess materials.
LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR OTHERWISE:

(A) ACC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, LOST REVENUES OR BUSINESS INTERRUPTION LOSSES;

(B) ACC’S LIABILITY FOR A CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER TO ACC FOR THE PORTION OF THE WORK TO WHICH THE CLAIM RELATES; AND

THE ABOVE LIMITATIONS AND EXCLUSIONS ARE IN ADDITION TO (AND NOT IN PLACE OF) THE LIMITATIONS AND EXCLUSIONS SET FORTH IN ACC’S LIMITED WARRANTY.

11. LIMITED WARRANTY. ACC’S LIMITED WARRANTY (“LIMITED WARRANTY”) FOR THE WORK IS ATTACHED AS EXHIBIT A, WHICH IS INCORPORATED HEREIN BY REFERENCE. THE LIMITED WARRANTY PROVIDES, AMONG OTHER THINGS, THAT (A) THERE ARE NO OTHER WARRANTIES PROVIDED BY ACC EXCEPT THOSE SET FORTH IN THE LIMITED WARRANTY; AND (B) ACC’S SOLE AND EXCLUSIVE OBLIGATIONS FOR BREACH OF WARRANTY OR ACTUAL OR ALLEGED DEFECTS IN THE WORK ARE SET FORTH IN THE LIMITED WARRANTY.

12. Default; Termination. In the event of a default under this Agreement by either party, the non-defaulting party shall have the right to terminate this Agreement without prejudice to any other remedy upon not less than 15 days' notice and opportunity to cure to the defaulting party. However, such right to terminate shall only be effective if such default is not cured within the 15-day period or a reasonable time thereafter if the default cannot reasonably be cured within such time period. In the event unforeseen circumstances arise that affect ACC’s ability to perform the Work, ACC may terminate the Agreement without liability upon notice to Customer.

13. Mold, Asbestos, etc. Customer agrees to defend and indemnify ACC, its related companies and all of their respective employees, representatives and subcontractors from any claims or liabilities arising out of the identification, detection, abatement, encapsulation, or removal of mold, asbestos, lead-based products, or other hazardous substances.

14. Photos, Video, Media. Customer agrees that ACC may take photographs, video, audio or other media (collectively, “Media”) of the Work, the Project or the Repairs for marketing, advertising, and promotional use in any format, without time or geographic limits and without compensation. All Media will be owned by ACC. ACC will make reasonable efforts not to display identifiable images of occupants without consent. Customer releases ACC from any claims related to the use of such Media.

15. Governing Law; Forum; Limitation on Actions. This Agreement shall be governed by and construed under the laws of the State of Michigan without giving effect to conflict of law principles. All claims and disputes arising out of or relating to this Agreement or the Work shall be decided by a state or federal court whose jurisdiction includes Muskegon County or Kent County, Michigan and each party waives any and all rights to a jury trial; provided, however, that in its sole discretion, ACC may elect to have all such claims and disputes resolved by arbitration in Grand Rapids, Michigan pursuant to the American Arbitration Association’s Construction Industry Arbitration Rules. In the event of an arbitration proceeding, the award by the arbitrator(s) shall be final and judgment may be entered upon the award in accordance with applicable law in any court of competent jurisdiction.

No action or claim shall be brought against ACC unless filed within one (1) year after the basis for such claim becomes known, or with the exercise of reasonable diligence should have become known, to Customer or its representatives. Any action or claim not timely filed shall be deemed waived.

16. Miscellaneous. If any provision of this Agreement shall be declared unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement as circumstances require, and this Agreement shall be construed as if such provision had been incorporated in this Agreement as so limited, or as if such provision had not been included in this Agreement, as the case may be. Any notice required under this Agreement may be given by hand delivery, courier (like FedEx or UPS), email or text. Copies of all notices to ACC shall be emailed to the following address: Ched Gaskin (cgaskin@accinc.us), Steve Freeland (sfreeland@accinc.us) and Nate Thompson (nthompson@accinc.us). Notices are deemed given when received. This Agreement may be executed in counterparts, all of which together shall constitute one and the same document. EMAIL AND TEXT APPROVALS SHALL BE DEEMED SIGNATURES TO THIS AGREEMENT. In the event there are two individuals that are “Customer”, then the term “Customer” shall refer to both individuals, jointly and severally. CUSTOMER AND ACC EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY MATTER ARISING OUT OF RELATED TO THIS AGREEMENT, THE PROJECT OR THE REPAIRS.

17. Entire Agreement; Amendment; Enforcement. This Agreement sets forth the entire understanding between the parties with respect to the Project, the Repairs and the Work. All prior communications concerning the Project, the Repairs and the Work are superseded by this Agreement. This Agreement may only be amended (a) by written agreement signed by the parties or by the party to be charged; or (b) by email or text reflecting mutual agreement or reflecting agreement by the party to be charged. ACC may recover its actual attorney fees and costs incurred in enforcing the terms of this Agreement.

18. Statutory Language (Construction Lien). Pursuant to Michigan law, ACC states the following as per MCL 570.1114:

“(a) That a residential contractor or a residential maintenance and alteration contractor is required to be licensed under article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412. That an electrician is required to be licensed under article 7 of the skilled trades regulation act, MCL 339.5701 to 339.5739. That a plumbing contractor is required to be licensed under article 11 of the skilled trades regulation act, MCL 339.6101 to 339.6133. That a mechanical contractor is required to be licensed under article 8 of the skilled trades regulation act, MCL 339.5801 to 339.5819.

(b) If the contractor is required to be licensed to provide the contracted improvement, that the contractor is licensed and the contractor's license number.”

ACC is a licensed contractor and ACC’s license number is 2102164455.

W33840662 Rev 1.1, 8/2026

EXHIBIT A

Limited Warranty

THIS LIMITED WARRANTY is provided by AMERICAN CLASSIC CONSTRUCTION, INC. ("ACC") to the owner or customer (collectively, “Customer”) that is contracting with ACC to provide certain materials, labor and/or other work for a certain construction project (“Project”) or repairs or alterations (collectively, “Repairs”). The materials, labor and other work required to complete the construction of the Project or to complete the Repairs will be referred to collectively as the “Work.”

The terms of this Limited Warranty, including exclusions, are set forth below. ACC shall not have any obligations under this Limited Warranty if Customer’s account is past due.

Description of Warranty Provided for Each Type of Work

Roofing. For the portion of the Work that consists of ACC supplying or installing roofing (except for Repairs of roofing), ACC warrants to Customer during the Warranty Period that the labor portion of the installation will be free from substantial defects.

Siding. For the portion of the Work that consists of ACC supplying or installing siding (except for Repairs of siding), ACC warrants to Customer during the Warranty Period that the labor portion of the installation will be free from defects that either (i) cause the siding to prematurely fail, or (ii) cause the siding to detach from the building structure under normal conditions. “Detach” means siding panels falling completely off of the building structure.

All Other Work Except Repairs. For all other Work that doesn’t consist of ACC supplying or installing roofing or siding or Repairs, ACC warrants to Customer during the Warranty Period that (a) all materials incorporated in the Work shall be new and free from substantial defects; and (b) the construction of the Work or the performance of the Repairs shall be performed free from substantial defects.

Repairs. Unless otherwise agreed upon in writing by ACC, ACC does not provide any warranty for Repairs, regardless of the type of Work (roofing, siding or otherwise).

Warranty Period

The applicable warranty period for each type of Work starts as of the date of substantial completion of the Work and continues for the time period specified below:

Roofing (except Repairs):

10 years for residential Work where both of the following apply:

The Customer is the homeowner; AND
The entire roof of the house is roofed (or re-roofed) by ACC.

In all other cases, 1 year.

Siding (except Repairs):

10 years for residential siding Work where both of the following apply:

The Customer is the homeowner; AND
The entire house is sided (or re-sided) by ACC.

In all other cases, 1 year.

All Other Work (Except Repairs): 1 year.

Repairs. As stated above, unless otherwise agreed upon in writing by ACC, ACC does not provide any warranty for Repairs, regardless of the type of Work (roofing, siding or otherwise), and so there is no Warranty Period for Repairs.

The applicable warranty period as specified above will be referred to as the “Warranty Period.” Any repairs performed will not extend the Warranty Period.

This Limited Warranty is non-transferable, and accordingly the Warranty Period shall terminate upon the sale or other transfer of ownership of the applicable property by Customer.

ACC’s Warranty Obligations

During the Warranty Period, ACC shall, in its sole discretion, do the following for each type of Work:

Roofing (except Repairs): Repair or replace the specific area of roofing that was defectively installed.

Siding (except Repairs): Repair or replace the specific defect that (i) caused the siding to prematurely fail; or (ii) caused the siding to detach from the structure under normal conditions.

All Work except for roofing, siding and Repairs: Repair or replace any materials incorporated in the Work that may be substantially defective and repair all substantial defects resulting from faulty workmanship.

Notice Required

Customer shall give ACC written notice of any defect in the materials or workmanship promptly upon discovery, but in no event later than the earliest of the following: (a) five (5) days after discovery; (b) the expiration of the Warranty Period; or (c) immediately if the passing of time will increase ACC's costs to correct the Work (such as a roof leak). Customer must allow ACC and its representatives access to the property for inspection purposes. CUSTOMER'S FAILURE TO GIVE NOTICE OR OTHERWISE COMPLY WITH THE TERMS OF THIS PARAGRAPH SHALL SERVE AS A WAIVER OF CUSTOMER'S RIGHTS AGAINST ACC RELATED TO ANY DEFECTS.

Exclusions and Limitations

The following are excluded from ACC’s Limited Warranty, and ACC is not liable or responsible to Customer for any of the following:

For clarity, this Limited Warranty does not cover the shingles or other roofing materials, siding materials, accessories, or any related materials or products. All claims related to these items (including fading, chalking, cracking, peeling, warping, or blistering) must be made directly to the product manufacturer under their separate warranty, if any.
This Limited Warranty does not apply to water or moisture infiltration or intrusion, leaks, or resulting damage of any kind, including mold, mildew, or rot. The exclusion in the preceding sentence is not intended to apply to roofing work performed by ACC.
As stated earlier, unless otherwise agreed upon in writing by ACC, ACC does not provide any warranty for Repairs, regardless of the type of Work (roofing, siding or otherwise).
This Limited Warranty does not apply to driveways, sidewalks, porches or patios. Concrete surfaces may acquire cracks. Concrete surfaces may not be uniform in color. Salt, fertilizer, and chemicals can contribute to pitting, scaling, and spalling of concrete. Asphalt driveways may acquire cracks and may acquire dents from vehicle wheels. Should these items occur, they are not considered defects.
Damage that is caused by the building's structure, including but not limited to foundation settling, structural movement, shifting, or failure of the wall substrate.
Damage to existing buildings, structures, improvements or items that occur during construction (especially for remodels or renovations), including without limitation (i) interior damage, such as interior damage due to water leaks; (ii) damage to existing driveways, sidewalks porches or patios, such as cracks, spalling, pivots and tire marks ; and (iii) damage to landscape items, including plants, flowerbeds, landscape structures, retaining walls, etc.
Damage caused by failure to provide reasonable maintenance, including regular cleaning.
Any condition considered normal wear and tear, such as minor color change, chalking, fading, mildew or dirt accumulation.
Damage, including leaks, caused by severe or extreme weather, such as high winds, hail storms, ice dams, tree damage, tornados, etc.
Damages, including leaks, caused by alterations, work or repairs by other contractors or third parties. For example, if after installation of a roof, a plumber or other contractor alters or cuts the roof, then ACC would not be responsible for any resulting damage, including leaks, in the roof. ACC may also invoice Customer for work required due to alteration, work or repairs performed by other contractors or third parties.
Damage resulting from condensation on or expansion or contraction of materials
Damage caused by performance of materials or products not supplied by ACC, regardless of whether ACC approves their use.
Defects discovered and accepted by Customer.

Work completed to comply with Customer’s specific directions to ACC despite ACC’s advice to the contrary.
Work performed during low temperatures that adversely affects the workmanship of the installation.
Skylights, glass failure in skylights or leakage around skylights (unless ACC supplied new skylights); Customer is advised to replace all skylights and seals when roofing is replaced or substantially repaired.
Work that involves repair or fixing the work of other contractors or third parties.
Defects due to conditions not under control of ACC (such as defective underlayment, substrate, walls or partitions).
Imperfections that are cosmetic in nature, although ACC will use good faith efforts to try and minimize cosmetic imperfections.
Defects or leaks that are due to the condition of the chimney (the condition of the chimney may cause leaks even if a roof is installed correctly).
Defects that involve or arise out of mold, dry rot, mildew or any other similar cause.
Defects due to settling, distortions or other natural or typical causes.
Defects caused by erection of a structure or any use other than its original intended purpose (for example, erection of a structure on a roof, installation of an antenna or satellite dish, snow shoveling, installation of heat cables, etc.).
Defects caused by warping or distortion due to exposure to excessive heat sources, including but not limited to barbecue grills, fire pits, or reflections from windows, doors or other surfaces.
Any damage caused by animals, birds, pests or bugs, and Contractor is not responsible for removal or extermination of animals, birds, pests or bugs.
Damage from impact by foreign objects, vandalism, misuse, abuse, negligence, or accidental damage.
All paint, caulking and sealants, which are considered maintenance items and are not warranted.
All costs associated with accessing the alleged defect (removal of landscaping, decks or other obstructions) are not covered by this Limited Warranty and are the responsibility of the Customer.

THIS LIMITED WARRANTY SETS FORTH ACC’S SOLE AND EXCLUSIVE OBLIGATION TO CUSTOMER, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, IN CONNECTION WITH ANY BREACH OF WARRANTY OR ANY ACTUAL OR ALLEGED DEFECTS IN THE WORK.

THIS LIMITED WARRANTY IS IN LIEU OF, AND ACC HEREBY DISCLAIMS, ALL OTHER WARRANTIES, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR HABITABILITY.

ACC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, LOST REVENUES OR BUSINESS INTERRUPTION LOSSES. IN ADDITION TO THE ABOVE LIMITATION, (1) ACC’S LIABILITY FOR ANY CLAIM IN ANY WAY RELATED TO THE WORK SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER TO ACC FOR THE PORTION OF THE WORK TO WHICH THE CLAIM RELATES; AND (2) ACC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE WORK SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO ACC.

(End of Limited Warranty)

American Classic Construction, Inc. 1845 Newaygo Road Bailey, Michigan 49303 Licensed Contractor No.: 2102164455 Ph: (231) 834-5905