- PARTIES AND SCOPE OF WORK
The Roof Duck Watertight Roofing Systems (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.
- RIGHT OF ENTRY
The client shall provide rights of entry for Contractor and/or their representatives and necessary permissions for Contractor and/or their representative to complete its services. Not knowing the present nature and/or condition of the driveways, curbs, sidewalks, pathways, septic & sprinkler, etc associated with the referenced property address noted above, contractor disclaims any property damage that may result while accessing the property during material delivery, IT IS THE CLIENTS RESPONSIBLLTY TO INFORM CONTRACTOR OF ADVERSE SITE CONDITIONS THAT MAY AFFECT MATERIAL DELIVERY.
3.1 Unless otherwise specified in writing, the price for the work is based on the understanding that all structural members, sub-components 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. If Engineering is required then client agrees to pay any cost associated with the report. All finishes and details not specified in writing are at the The Roof Duck’s descretion, any custom finishes or details specified by the client that are not in writing prior to commencement will be an additional charge based upon normal rates. NEW CONSTRUCTION QUOTATIONS ARE TO BE USED FOR APPROXIMATE PRICING. FINAL FIELD VERIFICATION MEASUREMENTS MUST BE TAKEN WITH ACCURATE FIELD QUANTITIES BEFORE PRODUCTION. DRAWINGS ARE NOT A SUBSTITUTE FOR FIELD MEASUREMENTS. PRICING WILL CHANGE SUBJECT TO FINAL MEASUREMENTS AND DETAILS IF THEY DIFFER FROM DRAWINGS.
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.
- 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, water intrusion or other damages.
- 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 accessible debris associated with the work will be removed. Contractor is not responsible for nails and other debris that may remain in unkept or uncut lawns. 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.
6.1 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.
6.2 In the event Client cancels this agreement more than three (3) business days after the date of the agreement, for any reason not related to Contractor’s failure to fulfill in a timely and proper manner its obligations under this agreement, Client shall be obligated to pay to Contractor, as liquidated damages and not as a penalty, a sum of money equal to twenty-five percent (25%) of the contract price, or Contractor’s charges for labor and materials provided prior to cancellation, whichever amount is greater.
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. The foregoing warranties and remedies are exclusive and in lieu of all other warranties, remedies, guaranties, and liabilities, expressed or implied, arising by law or otherwise, included, without limitation, the implied warranties of merchantability and fitness for a particular purpose, all of which are expressly excluded. 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 upon receipt of invoice date unless other arrangements are made in writing, agreed to, and signed by both the contractor and client. A “passed” final city/county inspection is not a condition for non-payment. If an inspection is due or pending the client may hold a 10% retainage payment until final inspection is completed. If payments due under this agreement are not paid in full when such payments are due, Contractor reserves the right to pursue all appropriate remedies, including stopping work with prior written notice.
8.2 If at any time an invoice remains unpaid for a period in excess of three (3) days, A collection fee of 150$ per week and service charge of 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. If the account is placed for third party collection, you agree to pay all costs, including reasonable attorney fees, court costs and interest charges of 2% per month. No returns or refunds. All sales are final.
8.3 Timely payment of amounts due under this agreement is a condition of this agreement. Failure to make payments in full within the time limits stated above will be considered substantial non-compliance with the terms of this agreement and will be cause for termination of this agreement if Contractor so chooses.
8.4 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.
- 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. Oil canning is not a cause for rejection of the panels, as it is inherent to all metal roof systems. Striations are rec. No product warranties are valid for any steel roof within 800 ft of any canal, 400 ft from any marsh, and within 1500ft of the coast. Contractor accepts no responsibility for securing a material once items have been delivered and it is the purchasers respon. to secure material. Color variations may occur on the finish of the panel, mill or painted; this a cosmetic issue and not covered under a warranty or cause for rejection.
9.2 Contractor’s liability for damages of any kind due to breach of warranty, contract, error, omission or negligence or any tort shall be limited to a maximum of the total amount paid to contractor under this contract. Under no circumstances shall contractor be liable for special, indirect or consequential damages.
9.3 In the event Client desires to make any claim against Contractor, Client shall provide Contractor with written notice of the claim within seven days from the date Client, or its agents, first discovers the claims or the same shall be barred. Any claims against Contractor brought on this contract or in any way arising out of this contract must be filed within one year from the time the cause of action accrued or it shall be time barred.
9.4 Under no circumstances shall any employee, stockholder, officer or agent of Contractor have any individual liability to the Client, Notwithstanding the aforesaid, in the event any judgment is entered against any such individual, Client agrees to look exclusively to the assets of Contractor for satisfaction of said judgment.
Contractor to carry Workmen’s compensation and General Liability Insurance on above work. Client to carry fire, builder’s risk and other necessary insurance.
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.
- ENTIRE AGREEMENT
This contract constitutes the entire understanding of the parties and no other understanding, collateral or otherwise, shall be binding unless in writing and signed by all parties hereto.
- APPLICABLE LAW
If the Client is not a consumer, as defined in the Fair Debt Collection Practices Act, any claim arising out of or related to the Agreement shall be brought in the Courts of the state of Florida and venue is proper there. This contract shall be interpreted, administered, and enforced in accordance with the Laws of the State of Florida.
- MOLD DISCLAIMER
This contract does not include, unless explicitly specified, any mold abatement, removal, or cleaning. If mold is found existing on the premises, any cost to abate, remove, or clean shall be paid by you as an extra. In addition, any warranty given to you under this contract does NOT include the cost to abate, remove, or clean mold that may be found on the premises in the future.
NOTICE OF CANCELLATION
You may cancel this transaction without any penalty or obligation, within three business days from the original signature date.