TERMS OF AGREEMENT.
1. Company assumes no responsibility for structural integrity of the building on which any new construction is to be installed. Customer represents all structures to be in sound condition capable of withstanding normal roofing construction and restoration operations, and Customer will adhere to the Construction Dispensations instructions. Customer understands vibrations from roof replacement may cause plaster and drywall blemishes, and that existing framing issues such as uneven rafters and bowed sheeting are not the responsibility of the Company, but that Company may assist Customer with the correction of said items at the sole discretion of the Company.
2. Customer agrees that when the building has exposed decking such as sunrooms, porch, or soffit areas where nails may protrude through wood decking, Company is not responsible for exposed nails as the Building Code requires specific nailing patterns and that Company may assist Customer with the correction of said items at the sole discretion of the Company. Customer accepts Dumpster on driveway and agrees to incur Equipter expenses and additional labor charges if Dumpster placement is changed.
3. Customer acknowledges that this Agreement is based upon the Scope of Work to be performed by Company not involving asbestos-containing or toxic materials, and such materials will not be encountered or disturbed during the course of performing the Scope of Work. If such materials are encountered, Company shall be entitled to reasonable compensation for all additional expenses incurred as a result of the presence of asbestos-containing or toxic materials. It is the sole responsibility of the Customer to ensure plumbing and HVAC lines are installed properly before commencement of the re-roof project. Customer agrees that Company is not responsible for damage from improper installed piping.
4. Customer understands and agrees that the approved amount was derived from the scope of work on this Agreement and as further enumerated in Addendum . Customer expressly acknowledges and authorizes Company to work for the full scope of work and Addendum items. Any additional work or upgrades requested by the Customer will be in addition to the Addendum amount(s). All requested changes including additional items not covered by the Insurer must be only after a written Change Order Addendum, paid in advance, and agreed upon by Company. Customer further agrees and acknowledges that conditions that require additional labor and material including, but not limited to, rotten or deteriorated wood, termite damage, fascia, gas vents, or deficiencies in existing structural conditions including Building Code related issues and/or hidden conditions may be an additional labor and/or materials cost to the Customer and that Company may issue a stop work order at the exclusive discretion of the Company.
5. Customer agrees to not interfere or attempt to direct Company personnel or demand work from the crews or exclude workers from the construction site. Customer agrees to remove and protect property below the roof line including any personal property to include vehicles, tires, etc. whether on the exterior or interior of the property to minimize potential damage, and further agrees that Company shall not be responsible for any damage caused to driveways to include subsidence and/or breakage of concrete and/or pavers. Customer shall not hold Company responsible for items which have not been moved, secured and/or protected by the time of materials or Company’s arrival and Customer bears all responsibility for the safeguarding of these items. Company is not responsible for any falling debris or property damage or damage to landscaping which may occur during the installation process. Customer also agrees to hold Company harmless for satellite removal during installation and Customer agrees it is Customer’s sole responsibility to schedule satellite installation. Customer understands that access to the construction work area shall be limited, and understands that the Company also requests that the Customer limit and minimize entering or exiting the premise during construction, and Customer agrees to notify any occupants and tenants of any construction work that may be underway, and Customer will indemnify and hold Company harmless from claims of tenants who were not so notified.
6. Customer understands that a Payment Schedule is required and made part of this Agreement, and that all progress payments shall be due on the date(s) provided. Under the Company’s pay-per-trade policy, Customer agrees Company reserves the right to collect payment in full per trade prior to beginning any work on the next trade, and that Customer is entitled to a 5% retainage for punch out items. Final payment shall be due as prescribed in the Payment Schedule. Any amount not paid when due shall bear late payment charges of 1.5% monthly from the due date until paid in full. Company shall be entitled to reimbursement for any and all costs of collection (including reasonable attorney’s fees and costs) of unpaid amounts by Customer and for reasonable attorney fees and costs for the breach, or enforcement of any terms of this Agreement. Company will provide Customer a written release of lien, upon request, following receipt of final payment on this Agreement.
7. Company’s labor workmanship will be warranted for Five (5) years after the final date of completion. This Agreement acts as proof of the workmanship warranty for the Company. Customer agrees Company SHALL NOT BE LIABLE FOR SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. By signing this Agreement, Customer expressly agrees and understands that this warranty shall be and is the exclusive remedy against Company pertaining to the installation and services performed hereunder. Customer expressly understands and agrees that the Company’s labor and workmanship warranty will not be valid until Company is paid in full on all outstanding balances. Customer also agrees and understands that this warranty does not transfer upon the sale of the property unless agreed in writing by an authorized representative of the Company. This warranty is also null and void if any alterations, add-ons, repairs or changes are made by anyone other than the Company.
8. If a dispute shall arise with respect to any matters arising out of or relating to this Agreement, or the breach thereof; such dispute, other than collection matters, shall be handled exclusively and expressly through arbitration administered by and in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and must be initiated within the applicable statute of limitations. This Agreement to arbitrate shall be enforceable under the prevailing arbitration law and that the venue for any action, other than a lien foreclosure, will be at the sole discretion and option of the Company. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in any Court having jurisdiction thereof. Any award shall include all court costs and reasonable attorney’s fees to the prevailing party plus interest.
9. IN THE EVENT THIS AGREEMENT IS CANCELLED OR CUSTOMER DOES NOT AGREE TO PROCEED WITH THE SCOPE OF WORK OR DOES NOT ALLOW COMPANY TO PERFORM
THE AGREED UPON WORK, COMPANY SHALL BE ENTITLED TO PAYMENT FOR SERVICES RENDERED. Such services rendered do not include the free initial inspection and estimate, but may include, and not limited to, attendance at other inspections, meetings and/or phone conferences during the pendency of the work, preparation of other estimates or take-offs, taking measurements, preparing and furnishing damage reports and photographs, pulling permits, ordering materials, etc. Company shall be entitled to payment of Two-thousand dollars ($2,000), not as a penalty, but as the agreed reasonable value of its services (other than the initial free inspection) or Twenty percent (20%) of the Scope of Work, whichever is greater. Payment is due from Customer within ten (10) days of Customer notice to Company to cancel or terminate this Agreement. Customer agrees Company shall be entitled to reimbursement for costs of collection (including reasonable attorney’s fees and costs) for the breach, or enforcement, of any terms of this Agreement. Customer acknowledges that this Agreement may be terminated by Company if Customer fails to reasonably meet the Payment Schedule as agreed.
10. Customer grants Company the perpetual right to photograph, video, record, copy and publish in whole or in part including images, text messages, emails and audio of the Address of Loss for scope of work, documentation, compliance and promotional purposes and the use of Customer likeness without monetary consideration or requests therein.
11. Customer herein agrees to not disparage Company, Company products/services, or Company employees or representatives to other entities or third parties by any communication mediums.
12. This is the Agreement between Company and Customer. There is no representation by the Company or any person acting for the Company, which does not appear herein.
13. Force Majeure: Company is not be liable in circumstances beyond reasonable control to include natural disasters, acts of God, pandemics, and related material shortages.
14. SEVERABILITY: If any provision of this Agreement is held unenforceable or invalid under rule of law, the remainder of the Agreement will continue in full force and effect.
“IMPORTANT NOTICE TO OWNER I UNDERSTAND THAT EACH CONTRACTOR, SUBCONTRACTOR, LABORER, SUPPLIER, ARCHITECT, ENGINEER, SURVEYOR, APPRAISER, LANDSCAPER, ABSTRACTOR, OR TITLE INSURANCE AGENT SUPPLYING LABOR, SERVICES, MATERIAL, OR FIXTURES IS ENTITLED TO A LIEN AGAINST THE PROPERTY IF NOT PAID IN FULL FOR THE LABOR,
SERVICES, MATERIALS, OR FIXTURES USED TO IMPROVE, CONSTRUCT, OR INSURE OR EXAMINE TITLE TO THE PROPERTY EVEN THOUGH THE FULL CONTRACT PRICE MAY
HAVE BEEN PAID TO THE CONTRACTOR. I REALIZE THAT THIS LIEN CAN BE ENFORCED BY THE SALE OF THE PROPERTY IF NECESSARY. I AM ALSO AWARE THAT PAYMENT
MAY BE WITHHELD TO THE CONTRACTOR IN THE AMOUNT OF THE COST OF ANY SERVICES, FIXTURES, MATERIALS, OR LABOR NOT PAID FOR. I KNOW THAT IT IS
ADVISABLE TO, AND I MAY, REQUIRE THE CONTRACTOR TO FURNISH TO ME A TRUE AND CORRECT FULL LIST OF ALL SUPPLIERS AND SERVICE PROVIDERS UNDER THE
CONTRACT, AND I MAY CHECK WITH THEM TO DETERMINE IF ALL MATERIALS, LABOR, FIXTURES, AND SERVICES FURNISHED FOR THE PROPERTY HAVE BEEN PAID FOR.
I MAY ALSO REQUIRE THE CONTRACTOR TO PRESENT LIEN WAIVERS BY ALL SUPPLIERS AND SERVICE PROVIDERS, STATING THAT THEY HAVE BEEN PAID IN FULL FOR
SUPPLIES AND SERVICES PROVIDED UNDER THE CONTRACT, BEFORE I PAY THE CONTRACTOR IN FULL. IF A SUPPLIER OR OTHER SERVICE PROVIDER HAS NOT BEEN PAID,
I MAY PAY THE SUPPLIER OR OTHER SERVICE PROVIDER AND CONTRACTOR WITH A CHECK MADE PAYABLE TO THEM JOINTLY.