Terms of Service

These Terms of Service (“Terms”) govern your use of wsrpaving.com (the “Site”) and any services provided by Westchester Seal & Repair(“Westchester Seal & Repair,” “we,” “us,” or “our”). By using this Site or engaging us to perform work, you agree to these Terms.

1. Who we are

Westchester Seal & Repair
100 Hunter Street
Ossining, NY 10562
Phone: 914-539-2981
Email: info@westchesterseal.com

2. Use of this website

You may browse the Site, request a free estimate, and contact us. You agree not to:

• Use the Site for any unlawful purpose.
• Submit false, misleading, or impersonating information.
• Attempt to interfere with the operation or security of the Site.
• Use automated tools to scrape, harvest, or collect data from the Site without our written permission.
• Reproduce, copy, or republish content from the Site without our written permission.

All content on the Site — including text, photography, video, logos, and design — is the property of Westchester Seal & Repair or used with permission and is protected by United States copyright and trademark law.

3. Estimates and quotes

Estimates provided through this Site or in person are good-faith assessments based on a site walk and the information you provide. They are valid for thirty (30) days from the date issued unless otherwise stated in writing.

Final pricing may differ from the initial estimate if site conditions are materially different from what was observed during the estimate, including but not limited to:

• Hidden base failure or subgrade issues discovered during the work.
• Drainage problems not visible during the initial site walk.
• Additional work requested by the customer after the estimate.
• Material price changes outside our control.

Any change in scope or price will be communicated and agreed to in writing before we proceed.

4. The work agreement

Performance of services is governed by the separate written work agreement (proposal, contract, or signed estimate) executed between you and Westchester Seal & Repair for a specific job. In the event of a conflict between these Terms and a signed work agreement, the signed work agreement controls for that job.

By signing a work agreement or paying a deposit, you authorize us to perform the work described and you agree to pay the amounts owed under that agreement.

5. Scheduling and weather

Outdoor asphalt work depends on weather. Sealcoating, hot-mix paving, and similar services require dry pavement, temperatures above 50°F, and at least 24 hours of dry weather following application. We reserve the right to reschedule jobs based on weather conditions without penalty. We will give as much advance notice as practical.

6. Customer responsibilities

You agree to:

• Provide accurate information about the property, ownership, and any known underground utilities.
• Remove vehicles and personal property from the work area as instructed.
• Keep children, pets, and unauthorized persons away from the active work area for the duration of the job and during the cure period.
• Respect cure-time signage and barriers (typically 24 hours foot traffic, 48 hours vehicle traffic for sealcoat; longer for new asphalt).
• Pay invoices in accordance with the work agreement.

7. Payment

Payment terms are specified in the signed work agreement. Unless otherwise stated:

• Residential work is typically billed upon completion.
• Commercial work may require a deposit and progress payments.
• Past-due balances may accrue interest at the maximum rate permitted by New York law.
• Returned checks are subject to a $35 fee plus actual collection costs.
• We may suspend or refuse future service if an account is past due.

8. Warranty

We stand behind our work. Specific warranty terms for a given job are set out in the signed work agreement. In general:

• Sealcoating is warranted to be properly applied and free from defects in workmanship for the cure period. Sealcoat is a wear surface and is not warranted against normal wear, tire scuffing, or third-party damage.
• Crack repair is warranted against workmanship defects for one (1) year. Cracks may recur due to ground movement, freeze-thaw, or settlement — these are not covered.
• Patching and pothole repair is warranted against workmanship defects for one (1) year, excluding damage from continued base failure underneath.
• Pavement markings are warranted against workmanship defects for ninety (90) days. Wear from traffic, snowplowing, and salt is normal and is not covered.

Warranty claims must be submitted in writing within the warranty period. Our sole obligation under any warranty is to repair or replace the defective work, at our discretion. We are not liable for incidental, consequential, or indirect damages.

9. Limitations and exclusions

We are not responsible for:

• Damage to landscaping, lawn, irrigation, or other items that are immediately adjacent to or within the work area, unless caused by our gross negligence.
• Damage to unmarked underground utilities, irrigation lines, electric lines, or other items not disclosed in advance.
• Pre-existing cracks or base failure that becomes more visible after the work.
• Normal wear, fading, tire scuffing, or weather-related discoloration.
• Damage caused by third parties, including but not limited to vehicles, snowplows, or contractors.
• Acts of God, including severe storms, flooding, and earthquakes.

10. Limitation of liability

To the fullest extent permitted by law, our total liability for any claim arising out of or related to the Site, these Terms, or any work we perform is limited to the amount you actually paid us for the specific job giving rise to the claim.We are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or loss of use, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.

11. Indemnification

You agree to indemnify and hold Westchester Seal & Repair, its owners, employees, and contractors harmless from any claim, loss, or expense (including reasonable attorneys’ fees) arising out of:

• Your breach of these Terms or a signed work agreement.
• Inaccurate information you provided about the property or its conditions.
• Your or your guests’ misuse of the work area before, during, or after the work is performed.

12. Insurance

We carry general liability and workers’ compensation insurance as required by New York law. Certificates of insurance are available upon written request to commercial customers.

13. Governing law and venue

These Terms and any dispute arising out of them or out of our services are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. The exclusive venue for any legal action is the state or federal courts located in Westchester County, New York, and you consent to the personal jurisdiction of those courts.

14. Dispute resolution

Before filing any legal action, you agree to first attempt to resolve the dispute by contacting us in writing at info@westchesterseal.com and giving us thirty (30) days to address the issue. If we cannot resolve the dispute informally, either party may pursue legal remedies in the venue described above.

15. Changes to these Terms

We may update these Terms from time to time. The current version will always be posted at this URL with the effective date above. Continued use of the Site or our services after a change constitutes acceptance of the updated Terms. Material changes affecting active customer relationships will be communicated directly.

16. Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

17. Entire agreement

These Terms, together with our Privacy Policy and any signed work agreement, constitute the entire agreement between you and Westchester Seal & Repair regarding the Site and our services. They supersede any prior agreements or understandings on the subject matter.

18. Contact

Questions about these Terms? Contact us at info@westchesterseal.com, 914-539-2981, or by mail at the address above.

These Terms are provided as a general framework for a residential and commercial asphalt-services contractor operating in New York. They are not a substitute for legal advice tailored to the business’s specific circumstances. Westchester Seal & Repair reserves the right to consult with counsel and modify this document at any time.