Energy Roofing TERMS AND CONDITIONS
PARTIES AND SCOPE OF WORK Energy Roofing (hereafter called “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
Permission and Release for Photography of Property: Customer grants Roofing Contractor permission to take photographs and video footage of the Property and roofing work performed by Roofing Contractor by means of, but not limited to, drone, satellite, and aerial imaging. For good and valuable consideration, Customer hereby grants to Roofing Contractor a perpetual right and royalty-free license to take and use such images of the roofing work and the Property (including any such images which may contain Customer's identifying information, trademark, logo, signage, business name, designs, copyrights, or other intellectual property or derivative works thereof) in advertising, trade, or for the commercial benefit of Roofing Contractor. By entering into this nonexclusive license, Customer does not convey and Roofing Contractor does not attain any interest in Customer's trademark, logo, copyrights, or other intellectual property
Effectiveness of warranty depends on payment: This Warranty shall not be effective unless Contractor receives full and timely payment for all installation, repairs and/or services in connection with the roofing system covered by this Warranty
Inadequate Drainage Design: Roofing Contractor shall not be liable for any claims or damages arising from or related to deficiencies in roof drainage. It is the Customer's responsibility prior to commencement of reroofing to retain a licensed architect or mechanical engineer to determine and evaluate the drainage design and compliance with applicable plumbing codes, including potential need for additional drains, scuppers, or overflow drains. Roofing Contractor's work does not include evaluation of code compliance, existing drainage, proper location or size of roof drains, or adequacy of drainage. Roofing Contractor is not responsible for ponding.
Water and ice-dam protection membrane: Roofing Contractor's price for roof replacement includes removal of existing roof assembly down to roof deck, excepting removal of any existing water and ice-dam protection membrane adhered to the roof deck that cannot be removed without damaging the deck. In this situation, Roofing Contractor shall be permitted to leave existing water and ice-dam protection membrane in place and shall not be liable for any claims or damages arising from existing water and ice-dam protection membrane remaining on the deck. If Customer requires, Roofing Contractor shall remove existing water and ice-dam protection membrane and all repairs or replacement of the damaged deck shall be an extra or billed at unit prices to Customer.
Fully adhered roof liability: Roofing Contractor will adhere the roofing materials in a good and workmanlike manner in accordance with industry standards. The roofing components will not be fully (i.e., 100 percent) adhered.
Expiration of project bid: Contractor's bid expires thirty (30) days after the date stated on the bid unless otherwise agreed if not earlier withdrawn prior to acceptance
Action against nonpayment and other alleged defaults: No notice requirements called for by this agreement shall be construed as barring or preventing Roofing Contractor from taking any actions necessary to preserve its legal rights
Construction defect statute: In the event Customer asserts there is a deficiency in or arising out of the construction, design, specification, surveying, planning, and/or supervision of construction of the work (collectively, "Defect") resulting from defective materials, code violation, failure to meet applicable standards of care, and/or failure to construct the work in a good and workmanlike manner and in accordance with accepted trade standards, then Customer shall, as an absolute condition precedent to the institution of any arbitration proceeding, present to Contractor a written notice of said Defect, and shall allow Contractor to inspect the said Defect and present to Customer, within thirty (30) days after receipt of Customer's written notice, a written response which shall include Contractor's offer to repair the Defect or compensate Customer for the Defect. In the event Customer initiates any dispute resolution proceeding without fulfilling these conditions precedent, Contractor shall be entitled to a stay of proceedings until such conditions have been fulfilled.
Property insurance: Contractor shall carry workers' compensation, automobile and commercial general liability (bodily injury and property damage) insurance. Contractor will furnish a Certificate of Insurance, evidencing the types and amounts of its coverages, upon request. Customer shall purchase and maintain builder's risk and property insurance, including the labor and materials furnished by Contractor, covering fire, extended coverage, malicious mischief, vandalism and theft on the premises to protect against loss or damage to material and equipment and partially completed work until the job is completed and accepted
Disclaimer of implied warranties: All implied warranties, including warranties of merchantability and fitness for a particular purpose, are expressly disclaimed
Warranty terms: Contractor's work will be warranted by Contractor in accordance with its standard warranty, which is made a part of this proposal and contract and incorporated by reference. A copy of Contractor's standard warranty is attached or, if not, will be furnished upon request. Contractor SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The acceptance of this proposal by the Customer signifies its agreement that this warranty shall be and is the exclusive remedy against Contractor. A manufacturer's warranty shall be furnished to Customer if a manufacturer's warranty is called for on the face of this proposal. It is expressly agreed that in the event of alleged defects in the materials furnished pursuant to this contract, Customer shall have recourse only against the manufacturer of such material
Warranty and guarantee obligations: The warranty of merchantability provides the goods sold are fit for their ordinary purposes. The warranty of fitness for a particular purpose provides that if the seller has reason to know of the buyer's particular intended use of the goods, the goods are suitable for those purposes. The risk to the roofing contractor is many manufacturers disclaim those implied warranties and replace them with their own particular express warranties. To the extent a roofing contractor is warranting something the manufacturer has disclaimed, the roofing contractor risks assuming responsibility for the quality of goods manufactured by others. Because the roofing contractor is not a manufacturer, his or her sole obligation regarding any warranty of materials should be to pass along to the owner whatever warranties a manufacturer provides.
Interest and collection costs: Unless stated otherwise on the face of this proposal, Customer shall pay the contract price plus any additional charges for changed or extra work within ten (10) days of substantial completion of the Work. If completion of the Work extends beyond one month, Customer shall make monthly progress payments to Contractor by or before the fifth (5th) day of each month for the value of Work completed during the preceding month, plus the value of materials suitably stored for the project. All sums not paid when due shall earn interest at the rate of 1 1/2 percent per month. Contractor shall be entitled to recover from Customer all costs of collection, including attorney's fees, resulting from Customer's failure to make proper payment when due.
Roof deck stability and electrical conduit: Owner warrants that the structures on which Contractor is to work are in sound condition and capable of withstanding normal activities of roofing construction equipment and operations. Owner represents that there is no electrical conduit embedded in the exiting roofing or attached directly to the underside or topside of the roof deck upon which Contractor will be installing the new roof. Owner will indemnify Contractor from any personal injury, damage, claim or expense due to unsafe structural conditions and the presence of electrical conduit, shall render the conduit harmless so as to avoid injury to Contactor's personnel, and shall compensate Contractor for additional time and expense resulting from the presence of such materials and unsafe structures
Weather conditions: Contractor recognizes that roofing work cannot prudently be performed when precipitation is threatened or occurs. Contractor shall have a minimum of __ work days with conditions suitable to perform roofing work to obtain substantial completion
Reroofing: Contractor is not responsible for leakage through the existing roof or other portions of the building that have not yet been reroofed by Contractor. Contractor is not responsible for damages or leaks due to existing conditions or existing sources of leakage simply because the Contractor started work on the building.
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.
HOMEOWNER / CLIENT ADVISORY: Most roofing, siding, & exterior renovation jobs may involve major demolition of materials and minor disturbances may occur. 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. Any items in attic should be covered for protection from falling debris and dust. Contractor shall not be responsible for interior drywall cracks, nail pops or any damage to any items on the interior or the exterior of the home or work site including damage to shrubbery, outside plants, landscaping, yard furniture, decking, sprinkler systems, or driveways during the process of the work. Upon request from the client, the contractor will assist in covering or removing these items. Upon completion of the work the property will be swept with a metal magnet and all debris associated with the work will be removed. Contractor will re-install any roof mounted antennas or satellite dishes unless otherwise directed by client. Contractor will not be responsible for proper alignment or reception of same.