Standard Terms of Sale

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.

1. Construction of Improvements or Repair ACC agrees to provide all materials, labor and other work (collectively, 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. 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 regarding any conditions relating to the Project or Repairs that may materially affect the Work.

2. 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 Customer or Customer's contractors or subcontractors, 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 Customer is responsible for payment for additional visits to attempt such Repairs (not just payment for the first visit).

3. 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, email, or text (or, in the case of Repairs, ACC's standard charges for materials, labor and travel). The Contract Price may be adjusted:

  • pursuant to Change Orders as addressed below;

  • by ACC in the event of unforeseen market conditions (for example, tariffs) affecting materials that increase prices; and

  • as otherwise set forth in these Terms.

In the event of unforeseen market conditions affecting materials as referenced above, ACC may substitute alternative materials for the affected materials.

4. Payments

(a) Payment Terms. Unless otherwise agreed by ACC: (i) ACC may require a down payment in the amount specified by ACC, due upon receipt; (ii) ACC will issue invoices to Customer on a monthly basis, due net 10 days; and (iii) ACC will issue a final invoice after completion of the Work, due 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 within 5 days after receipt of the invoice. Any dispute not timely raised is deemed waived.

(c) Default in Payment. In addition to ACC's other remedies for a payment default, ACC may suspend performance if Customer fails to make any required payment on a timely basis. Any unpaid invoice shall bear interest at a rate equal to the lesser of 2.0% per month or the maximum rate permitted by law. ACC shall also be entitled to recover its actual attorney fees and expenses incurred in collecting any unpaid invoice or other amount.

5. 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 construction, Customer may request changes in the Work. ACC may issue a change order ("Change Order"), signed by Customer or confirmed by email or text upon ACC's request, reflecting the increase to the Contract Price and any adjustment to the completion date or schedule. If a Change Order is not signed but ACC has nevertheless supplied materials, labor or other work outside the original scope, ACC shall be entitled to an increase in the Contract Price and schedule adjustment as if a Change Order had been signed.

(b) Snow and Ice Removal; Unforeseen Conditions; Other. ACC may charge for snow and ice removal even if not included in the Contract Price. If unsuitable, unusual, unanticipated, or unforeseen conditions or materials are encountered that increase ACC's cost to complete the Work, the additional costs plus ACC's profit margin shall be paid by Customer upon demand. These conditions include, but are not limited to, repair or replacement of rotted, rusted, or otherwise compromised decking, carpentry, or masonry discovered after commencement of Work, and unanticipated soil or subsoil conditions (unsound ground, high water table, rocks, peat, muck, stumps, rubbish, etc.). ACC is also not responsible for dust, debris, or ceiling components that may fall from below the roof deck during roofing operations. Customer is responsible for all changes in the Work required by applicable laws, regulations, or building codes.

7. Insurance ACC shall procure and maintain liability and property damage insurance during the period it performs construction activity on the Project or Repairs. All insurance shall be obtained from reputable companies in good standing under Michigan law.

8. Licenses and Approvals; Utilities Customer shall obtain all necessary permits and approvals for completion of the Work, although ACC may obtain such permits as an accommodation to Customer. Customer is responsible for all utilities used at the Project or Repairs during and after construction.

9. Clean-Up Unless Customer has provided a dumpster, upon completion of the Work, ACC shall remove all waste materials and rubbish resulting from its work, along with its tools, equipment, machinery, supplies, and excess materials.

10. Limitation of Liability Notwithstanding anything to the contrary in these Terms or otherwise:

  • ACC shall not be liable under any circumstances for any incidental, consequential, indirect, special, punitive, exemplary or other special damages, including lost profits, loss of use, lost revenues, or business interruption losses;

  • ACC's liability for a claim shall not exceed the amount paid by Customer to ACC for the portion of the Work to which the claim relates; and

  • ACC's aggregate liability arising out of or related to the Work shall not exceed the amount paid by Customer to ACC.

These 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 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 as 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 by either party, the non-defaulting party may terminate this Agreement without prejudice to any other remedy, upon not less than 15 days' notice and opportunity to cure. This right to terminate is effective only if the default is not cured within the 15-day period (or a reasonable time thereafter if it cannot reasonably be cured within that period). If 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 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 ("Media") of the Work, Project, or 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 use of such Media.

15. Governing Law; Forum; Limitation on Actions This Agreement is governed by the laws of the State of Michigan, without regard to conflict of law principles. All claims and disputes shall be decided by a state or federal court whose jurisdiction includes Muskegon County or Kent County, Michigan, and each party waives any right to a jury trial; provided, ACC may elect, in its sole discretion, to resolve such claims by arbitration in Grand Rapids, Michigan under the applicable rules of the American Arbitration Association. Any arbitration award shall be final, and judgment may be entered upon it 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 the claim becomes known (or should have become known with reasonable diligence) to Customer. Any claim not timely filed is deemed waived.

16. Miscellaneous If any provision of this Agreement is declared unenforceable, it shall be limited to the extent necessary to be valid, or excised, and the Agreement shall be construed accordingly. Notices may be given by hand delivery, courier (e.g., FedEx or UPS), email, or text, and are deemed given when received. Copies of all notices to ACC shall be emailed to Ched Gaskin (cgaskin@accinc.us), Steve Freeland (sfreeland@accinc.us), and Nate Thompson (nthompson@accinc.us). This Agreement may be executed in counterparts. Email and text approvals shall be deemed signatures to this Agreement. Where there are two individuals as "Customer," the term refers to both, jointly and severally. Customer and ACC each waive any right to trial by jury in any matter arising out of or related to this Agreement, the Project, or the Repairs.

17. Entire Agreement; Amendment; Enforcement This Agreement sets forth the entire understanding between the parties regarding the Project, Repairs, and Work, and supersedes all prior communications. It may only be amended by written agreement signed by the parties (or the party to be charged), or by email or text reflecting mutual agreement. ACC may recover its actual attorney fees and costs incurred in enforcing 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 1.0 7/2026

Exhibit A — Limited Warranty

This Limited Warranty is provided by American Classic Construction, Inc. ("ACC") to the owner or customer (collectively, "Customer") contracting with ACC to provide certain materials, labor and/or other work for a construction project ("Project") or repairs or alterations (collectively, "Repairs"). The materials, labor and other work required are 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 consisting of ACC supplying or installing roofing, ACC warrants that during the Warranty Period, the labor portion of the installation will be free from substantial defects.

  • Siding. For the portion of the Work consisting of ACC supplying or installing siding, ACC warrants that during the Warranty Period, 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 the building structure.

  • All Other Work. For all other Work, ACC warrants that during the Warranty Period: (a) all materials incorporated in the Work shall be new and free from substantial defects; and (b) construction of the Work or performance of the Repairs shall be free from substantial defects.

Warranty Period

The applicable warranty period starts as of the date of substantial completion of the Work:

  • Roofing: 10 years residential; 1 year commercial, industrial, business, or otherwise.

  • Siding: 10 years residential; 1 year commercial, industrial, business, or otherwise.

  • All other Work: 1 year.

Repairs performed will not extend the Warranty Period. This Limited Warranty is non-transferable and terminates upon sale or other transfer of ownership of the property by Customer.

ACC's Warranty Obligations

During the Warranty Period, ACC shall, in its sole discretion:

  • Roofing: Repair or replace the specific area of roofing that was defectively installed.

  • Siding: Repair or replace the specific defect causing premature failure or detachment under normal conditions.

  • All other Work: Repair or replace materials 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 promptly upon discovery, but no later than the earliest of: (a) five (5) days after discovery; (b) expiration of the Warranty Period; or (c) immediately if delay would increase ACC's cost to correct the Work (such as a roof leak). Customer must allow ACC and its representatives access to the property for inspection. Failure to give notice or otherwise comply with this paragraph waives Customer's rights against ACC related to any defects.

Exclusions and Limitations

The following are excluded from ACC's Limited Warranty:

  • Shingles, other roofing materials, siding materials, accessories, or related products (claims regarding fading, chalking, cracking, peeling, warping, or blistering must be made to the manufacturer under their separate warranty, if any).

  • Water or moisture infiltration/intrusion, leaks, or resulting damage (mold, mildew, rot) — except this exclusion does not apply to roofing work performed by ACC.

  • Driveways, sidewalks, porches, or patios (cracking, non-uniform color, pitting, scaling, spalling, or dents are not considered defects).

  • Damage caused by the building's structure, including foundation settling, structural movement, shifting, or substrate failure.

  • Damage to existing buildings, structures, or items occurring during construction (especially remodels/renovations), including interior water damage, damage to existing hardscape, and damage to landscaping.

  • Damage from failure to provide reasonable maintenance.

  • Normal wear and tear (minor color change, chalking, fading, mildew, dirt accumulation).

  • Damage from severe/extreme weather (high winds, hail, ice dams, tree damage, tornadoes, etc.).

  • Damage caused by alterations, work, or repairs by other contractors or third parties (ACC may invoice Customer for related corrective work).

  • Damage from condensation, or expansion/contraction of materials.

  • Damage caused by materials or products not supplied by ACC.

  • Defects discovered and accepted by Customer.

  • Work completed per Customer's specific directions despite ACC's advice to the contrary.

  • Work performed during low temperatures that adversely affects installation workmanship.

  • Skylights, glass failure, or leakage around skylights (unless ACC supplied new skylights).

  • Work involving repair of other contractors' or third parties' work.

  • Defects due to conditions outside ACC's control (e.g., defective underlayment, substrate, walls, or partitions).

  • Cosmetic imperfections (ACC will use good faith efforts to minimize these).

  • Defects or leaks due to chimney condition.

  • Defects involving mold, dry rot, mildew, or similar causes.

  • Defects due to settling, distortion, or other natural/typical causes.

  • Defects caused by erecting structures or uses other than original intended purpose (e.g., rooftop structures, antennas/satellite dishes, snow shoveling, heat cables).

  • Warping or distortion from exposure to excessive heat sources (grills, fire pits, window/door reflections, etc.).

  • Damage caused by animals, birds, pests, or bugs (ACC is not responsible for removal or extermination).

  • Damage from impact by foreign objects, vandalism, misuse, abuse, negligence, or accidents.

  • Paint, caulking, and sealants (maintenance items, not warranted).

  • Costs of accessing an alleged defect (e.g., removal of landscaping, decks, or obstructions) — Customer's responsibility.

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 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 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 lost profits, loss of use, lost revenues, or business interruption losses. In addition: (1) ACC's liability for a claim shall not exceed the amount paid by 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