Signed in as:
Signed in as:
1. The services that Weatherlock Roof Systems LLC and/or Tier 1 Roofing (hereafter referred to as "Contractor") Will provide are limited to those specifically described herein. The services described constitute a comprehensive specification that expressly excludes all services not specifically described in this contract. Contractor's performance of services is limited by, among other things, the pre-existing conditions and characteristics of the property. THE CONTRACTOR DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PRE-EXISTING OR HIDDEN CONDITIONS, KNOWN OR UNKNOWN. Owner/ Agent shall retain responsibility and shall be liable for effects and costs necessary to correct such conditions. If a party other than Contractor makes corrections while Contractor is performing work, the Contractor shall stop work and receive payment for the percentage of work completed to date. The contractor may resume the project once the condition has been rectified.
2. All contracts are subject to the approval of our credit department and office without exception. The person executing this contract must obtain approval from a Contractor MGR for this contract to be effective under any conditions in the state of record.
3. If the Owner/Agent is approved for financing or claim funds and fails to perform in his/her duty to cooperate with the Contractor to obtain licenses, permits, and authorizations or Owner I Agent cancels this contract later than midnight of the 3rd business day from execution, Owner / Agent shall pay twenty percent (20%) of the scope of work as determined by contractors estimate or $3,000.00, whichever is greater plus I00% of all completed work, to Contractor as compensation for said cancellation to be effective to cover inspection services, estimates, traveling and time spent onsite. Cancellation must be sent via certified mail to the Contractor.
4. Owner/ Agent acknowledges and agrees that mold is commonly found throughout and agrees to hold harmless and indemnify Contractor from any claims arising out of or relating to indoor air quality, mold fungus, etc., whether existing or a future condition regardless of whether it may be associated with defects in Contractor construction or services, including but not limited to property damage, personal injury, death, loss of income, emotional distress, loss of use or valve, adverse health effects or any special, consequential punitive or other damages.
5. If hidden or unknown conditions are encountered at the site which either materially differ from those indicated in the agreement or materially differ from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for this agreement, then noticed by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after the first observance of condition. The contractor will promptly investigate the condition and negotiate for an equitable adjustment to contract, time or both.
6. Owner/ Agent authorizes Contractor to make app openings to perform this contract and Contractor will close such openings. Owner/Agent acknowledges that is often not possible to exactly match existing colors, textures, etc. Owner/ Agent understands and agrees the Contractor is not responsible for evaluating design factors including but not limited to venting and circulation systems and that vents and soffits will be installed according to FL building code.
7. Owner/ Agent understands and agrees that Contractor will not be responsible for any special indirect, punitive speculative, consequential damages for any penalties regardless of the legal or equitable theory asserted including any damages caused by settlement, vibration, distortion, water intrusion or failure to the foundation on which the roof rests, or damage caused by weather or acts of God nor for any damages or delays due to strikes, weather or accidents beyond Contractor control, nor inherent defect in the premises on which the work is to be done and in no event shall Contractor be responsible for interior or exterior damage to building, its contents or surrounding property.
8. This contract is based on the fact that Contractor will have direct access to eaves of roofs for heavy trucks and equipment unless otherwise stated. If such access to the eaves is over existing driveways or lawn Contractor will not be responsible for any damage that may occur because of the weight of the equipment and vehicles even if protection is provided. Owner/ Agent understands that Contractor will not be responsible for damage because of equipment or vehicles.
9. If skylights are present and Contractor is not contracted to install, repair etc. said skylights Contractor will not be responsible for any leaks or issues even if they had to be removed to complete work, we recommend Owner I Agent purchase new skylights to avoid problems.
10. **Contingency Item Disclosure** Owner / Agent understands that this is not an exhaustive list due to the nature of unforeseen items but agrees to pay Contractor reasonable cost to complete any work not listed in the estimate **Contingency Item** Reasonable cost is defined as 30% profit margin on any materials and labor for work completed.
Owner / Agent also understands that if signed electronically this constitutes a legal signature confirmation acknowledgement and agreement of all terms and conditions. If the Owner/Agent wishes to no longer receive the goods or services presented, they may cancel this agreement by providing written notice to Weatherlock Roof Systems, LLC by * certified mail. This notice must indicate that the buyer does not want the goods or services and must be delivered, or postmarked before midnight of the third business day after agreement is signed.
11. Contractor will not be liable for failure of performance due to labor controversies such as fire, weather, strikes, inability to obtain materials or any other circumstance beyond the control of Contractor.
12. Owner/ Agent agrees to fully cooperate with Contractor in obtaining licenses, permits and authorizations to complete contract work in a timely manner. Owner/ Agent agrees to be responsive and communicate with Contractor if signatures or documents are needed, and to respond within a timely manner. Owner I Agent agrees to meet with Contractors representative to endorse insurance checks when required within 48 hrs. of being contacted via email or phone and understands that failure to do so may interfere with Contractors ability to operate and may cause monetary damages to Contractor's business. Owner/ Agent also agrees to assist Contractor in recovering all applicable funds on work completed or proposed work by utilizing any and all remedies that are available through Owner / Agents insurance policy to include invoking appraisal or authorizing a legal representative of their choice pursuant to Florida Statute 627.4133. Owner/ Agent understands that these remedies are often necessary to recover insurance funds and agrees to cooperate fully with Contractor when required. Owner / Agent is aware that Contractor may record conversations between parties and consents to such.
13. Contractor will provide Owner/ Agent with a default 1 year warranty to repair/ replace defective material or workmanship unless otherwise noted pursuant to section 15 below. Owner/ Agent agrees that decision of defective material to replace or repair will be at the sole discretion of Contractor will not be liable for any damage to roof or under roof due to storms, wind, ice, condensation, or any other act of God during warranty period.
14. Contractor is entitled to charge 1.25 percent per month on any due balance after 10 days of passed final city/county inspection unless otherwise agreed to in writing. It is fully understood that Owner/ Agent is fully responsible for any and all cost. Should a legal matter arise from performance or balance turned over to collection, Contractor will have the right to obtain all costs of collection or defense under the full extent of the law including reasonable attorney fee.
15. Owner / Agent acknowledges and agrees that no warranty of any kind has been made by Contractor or its employees other than what has been stated in this Agreement. Any modifications to this Agreement shall be in writing and signed by both parties.
16. At Contractor's sole choice and discretion, all claims, disputes and other matters in question arising out of or relating to this contract or the breach thereof exclusively between the Owner/ Agent and Contractor shall be decided in Duval County by Arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. This arbitration provision and any waiver of a right to jury trial provided herein does not apply to any claims, disputes, or other matters arising out of or relating to this contract or the breach or interpretation thereof between Contractor and Owner/ Agent's insurance carrier(s). Contractor shall have the exclusive right and discretion to waive or compel the arbitration of any claim, dispute, or other matter in question arising out of or relating to this contract or the breach thereof between the Owner I Agent and Contractor. The Arbitration shall take place in Duval County and each party will be responsible to pay their portion of any fees associated with it. The award rendered by the arbitration shall be final and judgment may be entered upon the award in accordance with the Florida Arbitration Act. If the award is contested by either party, the issue shall be submitted to a court of competent jurisdiction in Duval County and the arbitration shall be stayed until the determination by the court. OWNER/ AGENT AND CONTRACTOR HEREBY EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ALL CLAIMS, DISPUTES AND MA TIERS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE BREACH THEREOF. This Agreement shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.