1. PARTIES AND SCOPE OF WORK
Roof Experts (herein after referred to as “Contractor”), shall mean the company performing the Work. “Work” means that specific services to be performed by the Contractor as set forth on the front of this agreement or in any agreement between the Contractor and client. “Client” refers to the person(s) or business entity ordering the work to be done by Contractor and shall be responsible for the payment thereof. If the Client is ordering the work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the Client assumes sole responsibility for determining whether the nature of the work ordered by the Client is adequate and sufficient for the Client’s intended purpose. In performing its Work, the contractor shall be entitled to rely on the work of third parties, the representations of Client and the public record and shall be under no obligation to verify any of the foregoing. The ordering of additional service and/or materials from contractor beyond the scope of the Work shall constitute acceptance of the terms of these General Conditions as to such additional services and/or materials.
2. RIGHT OF ENTRY
The client shall provide rights of entry for Contractor and/or their representatives and necessary permissions in order for Contractor and/or their representative to complete its services.
3.1 Unless otherwise specified in writing, the price for the work is based on the understanding that all structural members and other components are in fact in sound condition or if any conditions are encountered that are not currently visible, Client agrees to pay Contractor additional compensation based upon Contractor’s normal rates.
3.2 Any alteration or deviation from the scope of work involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate.
3.3 Client agrees that Contractor has the right to substitute materials with equal or superior quality materials should the materials listed in the description of the work become unavailable for any reason. Contractor has the right to make such substitution without notice to or permission from the Client.
4. SCHEDULING OF WORK
If the Contractor is required to delay commencement of the Work or if, upon embarking upon its Work, Contractor is required to stop or interrupt the progress of the Work as a result in changes in the scope of Work requested by the Client, to fulfill the requirements of third parties, strikes, accidents or other interruptions in the progress of construction, or other causes beyond the direct control of Contractor, additional charges may be applicable and payable by the Client and the approximate completion date of the Work shall be extended to take into account the period of delay. Contractor shall not be liable for any delay damages.
5. HOMEOWNER / CLIENT ADVISORY
Contractor will NOT be responsible for any interior damages and advises the client to remove all wall hangings, light glass fixtures, and other fragile items prior to start of work. Contractor shall not be responsible for any damage to any items on the interior or the exterior of the home or work site.
If either party fails to fulfill in a timely and proper manner their obligations under the agreement, the non- breaching party shall have the right to terminate this agreement by written notice of termination, specifying the effective date thereof, at least two (2) business days before effective date , in which event the Client shall be obligated to immediately pay the Contractor compensation based on the Contractor’s normal rates for any work completed prior to the effective date of termination, including charges for both labor performed and materials purchased by Contractor prior to such date, in addition to the Contractors overhead and profit on the portion of the work which remains uncompleted as of the cancellation date.
The work will be performed in accordance with this agreement, these General Conditions, and generally accepted practices. Workmanship is guaranteed as indicated in the contract between Contractor & Client. The manufacturer’s product warranty is the only warranty on the product described on the other side of this contract, there is no other product warranty. All warranties are void if sums due to the contractor are not paid in full, or if unauthorized service, alterations or adjustments have been made to any of the work.
8.1 All payments are due in full within 30 days of invoice date unless other arrangements are made in writing, agreed to, and signed by both the contractor and client. If payments due under this agreement are not paid in full within thirty (30) days of the date such payments are due, Contractor reserves the right to pursue all appropriate remedies, including stopping work with two (2) days prior written notice.
8.2 If at any time an invoice remains unpaid for a period in excess of thirty (30) days, a service charge of one and on half percent (1-1/2%) per month from the date of original invoice, an effective maximum rate of eighteen percent (18%) per annum, will be charged on past due accounts.
8.3 In the event a lien or suit is filed by Contractor to collect any amounts owed under this agreement, Client agrees to pay Contractor reasonable attorney’s fees, plus all costs and other expenses incurred by Contractor in connection with such lien or suit.
9. LIMITATION OF LIABILITY
9.1 Contractor shall not be liable for damages of any kind which result from fire, flood, strike, third parties, acts of god, acts of terrorism, or by any other circumstances which are beyond the control of the contractor including but not limited to severe weather.
In the event that any provisions herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect and binding upon the parties hereto.