|
TERMS AND CONDITIONS OF SERVICE . ° -
<br /> 1. The services that SCM Roofing of Florida,Inc.hereaker referred to as SCM INC.,will provide are limited to those specifically described herein.The services described herein constitute a comprehensive
<br /> specification that expressly excludes any and all services no[specifically described in this contract.SCM iNC:s performance of the services is limited by,among other things,the pre-existing conditions
<br /> and characteristics ofthe premises.SCM 1NC.EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PRE-EXISTING OR HIDDEN CONDITIONS KNOWN OR i]NKNOWN.
<br /> Customer shall retain responsibIlity and shall be liable for effects of and costs necessary to correct such situations.in the event tha[a party other than SCM INC.makes corrections while SCM INC.is
<br /> performing�vork,SCM INC.shall be entided to stop�vork and receive payment for the percentage of the tivork completed to date.SCM INC.may resume the project once the condition has be rec[ified.
<br /> 2• All contracts are subject to our approval of our credit department and office without exception.'Ihe Person executing this contract must obtain the approval of an officer oE SCM INC.for this contract to'
<br /> be effective under any conditions in the state of record.
<br /> 3. IF TH1S CONTRACT IS CANCELLED BY THE CUSTOMER LATER THAN MIDNIGHT OF THE 3RD BUSINESS DAY from execution,customer shall pay to SCM INC.twenty percent(204'0)of
<br /> the insurance proceeds or$2,000.00,whichever is greater,as liquidated damages,not as a penalty,and SCM INC.agrees to accept such as a reasonable and just compensation for said cancellation to be
<br /> effective,notice must be sent via certified mail to SCM INC.Client understands this 20%is for inspection services,estimating,travel expenses and working with the adjuster to win claim.
<br /> 4. CUSTOMER ACKNOWLEDGES AND AGREES THAT MOLD IS COMMONLY FOUND THROUGHOUT THE ENVIRONMENT AND AGREES TO HOLD HARMLESS AND INDEMNIFY
<br /> SCM iNC.FROIvi ANY CLAIMS ARISING OUT OF OR RELATING TO INDOOR AIR QUALITY,Iv10LD,FUNGUS,SPORES,OR OTHER ORGANISMS WHETHER EXISTiNG OR A FUTURE
<br /> CONDiTION REGARDLESS OF WHETHER IT MAY BE ASSOCIATED WITH DEFECTS IN SCM INC:S CONSTRUCTION OR SERVICES,INCLUDING BUT NOT LIMITED TO PROPERTY
<br /> DAMAGE,PERSONAL INJURY,LOSS OF INCOME,EMOTIONAL DISTRESS,DEATH,LOSS OF USE,LOSS OF VAI.UE,ADVERSE HEALTH EFFECTS OR ANY SPECIAL,CONSEQUENTIAL,
<br /> PUNITIVE OR OTHER DAMAGES. �
<br /> 5. If hidden and unknown conditions are encountered at the site�vhich either(1)materially different from those indicated in the agreement or(2)materially different from those ordinarily found to
<br /> exist and generally recogniied as inherent in construction activities of the character provided for in this agreement,then notice by the observing party shall be given to the other party promptly before
<br /> conditions are disturbed and in no event later that 21 days aker the first observance of the condition(s).The Customer and SCM INC.will promptly investigate such conditions and will negotiate for an
<br /> equitable adjustment to the contract amount,contract time of both.
<br /> 6. Customer hereby authorizes SCM INC.to make all openings necessary to perform this Contract,and SCM INC.will close such openings in a�vorl:manlike manner.Customer acknowledges that it is
<br /> often not possible to exactly match existing colors,textures and the like.Customer understands and agrees that SCIvt INC.is not responsible for evaluating design factors induding but not limited to
<br /> venting and circulation systems and that vents and soffits will be installed according to Florida Building Codes.
<br /> 7. CUSTOMER UNDERSTANDS AND AGREGS THAT SCM INC.WILL NOT BE RESPONSIBLE FOR ANY SPECIAL INDIRECT,PUNITIVE SPECULATIVE,CONSEQUENTIAL DAMAGES
<br /> FOR ANY PENALTIES REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED INCLUDING ANY DAIvIAGES CAUSED BY SETTLEMENT,VIBRATION,DISTORT[ON WATER
<br /> INTRUSION,OR FAILURE OF THE FOUNDATION ON WHICH THE ROOF RESTS,OR DAMAGE CAUSED BY HA[L,HURRICANES,GALE WINDS,UNUSUAL WEATHER CONDITIONS
<br /> OR ACTS OF GOD NOR FOR ANY DAMAGES OR DELAYS DUE TO STRIKES,F1RES,ACCIDENTS,BAD WEATHER,OR OTHER CAUSES BEYOND SCM INC:S CONTROL;NOR INHERENT
<br /> DEFECTS IN THE PREMISES ON WHICH THE VJORK IS TO BE DONE AND IN NO EVENT SHALL SCM INC.BE RESPONSIBLE FOR INTERIOR OR EXTERIOR DAMAGE TO THE
<br /> BUILDING,ITS CONTENTS OR SURROUNDING PROPERTY.
<br /> 8. The contract is based on the fact that SCM 1NC.�vill have direct access to the eaves of the roof for heavy trucl:s and equipment unless otherwise stated.If such access to the eaves of the roof is over the
<br /> existing drive�vay or lawn,SCM INC.will not be responsible for any damage that may occur as a result of the weight of the equipment and vehicles even if protection is provided.Protection of driveways,
<br /> pavers and lawns or other means of access will be provided only if expressly included in SCM INC:s scope of work.Altl�ough SCM INC.may cover any brick pavers or smmped concrete driveway with
<br /> wood plaril:ing during the course of�vork,customer understands and agrees that SCM I NC.will not be responsible for any damages that may occur as a result of the weight of its equipment or vehicles.
<br /> 9 If skylights aze present and SCM INC.is not paid and!or contracted to install ne�v skylights,SCM 1 NC.shall not be held liable for any leaks or issues relating to existing skylights and/or existing flashing
<br /> even if they had to be removed and re-installed by SCM INC.in order to complete SCM INC:s�vork SCM INC.recommends that Customer purchase new skylights in order to avoid any problems.
<br /> ]0. If decking is required but not covered by your policy it will be replaced and you agree to pay SCM INC.570 per sheet of pl}nvood decking and$4.00 per]ineal foot repaired for plank decking.
<br /> 11. lf re-nailing of your roof sheathing to the trusses is required but not covered by your policy it will be replaced and you agree to pay SCM INC.$0.25 per square foot.In addition,Customer is responsible
<br /> for any and all engineering lees if required by the city and not covered by the insurance policy.
<br /> 12. Section 489.126,Florida Statues provides that:A contractor tivho receives,as initial payment,money totaling more that 10 percent of the con[ract price for repair,restoration,improvement,or construction
<br /> to residential real property mush(a)Apply for permits necessary to do the work�vithin 30 days aker the date of payment is made,except where the work does not require a permit under the applicable
<br /> codes and ordinances,and(b)Start the work within 90 days aker the date all necessary permits for ivork,if an}�,are issued,unless the person who made the payment agreed,in writing,to a longer period
<br /> to apply for the necessary permits to start the work or to longer periods for both.Customer hereby agrees that Customer and SCM INC.have diswssed the time required ro obtain permits for the work
<br /> and the time required to actually start the work.Customer agrees that SCM INC.may take]onger for both periods,provided that reasonable efforts will be made by SCM INC.to perform its contractual
<br /> obligations in a timely manner.
<br /> 13. SCM INC.shall not be liable for failure of performance due to labor controversies.Strikes,fires,weather,inability to obtain materials from usual sources,or any other circumstances beyond the control
<br /> af SCM INC.
<br /> 14. Customer agrees to Cully cooperate�rith SCM INC.to secure any license,permits or any other authorization necessary to accomplish Ihe work Customer hereby appoints SCM INC.as its agent to procure
<br /> said license,permits or authorizations. ' � � - ----
<br /> l5. SCM INC.will provide Customer with a five(5)year limited warranty,which shall be limited to a repair or replacement of defective material or defective workmanship.Customer agrees that the decision
<br /> of whether to repair or replace the defective material or defective worl:manship will be based solely and exclusively on SCM INC:s professional discretion.SCM INC.tivill not be liable for any damage to
<br /> the roof or below the roof due to�vind,condensation,hail,thunderstorms,rain,ice or any other Act of God during the warranty period.
<br /> 16. SCM INC.shall be entitled to a charge of 125;'o per month on all balances left o�ved over 30 days,Should legal action be brought under the terms of this Contract or arise out of the performance of the
<br /> Services referenced herein,or should the matter be turned over for collec[ion,SCM INC.shall be entitled to the fullest extent permi[ted under the law to all costs oEcollection,including but not limited
<br /> to reasonable attorney's fees.
<br /> 17-_'ihis Agreement contains the entire agreement of the parties.Cusromer agrees and acl:nowledges that no representations or�varranties of any Icind have been made by SCM INC.or its employees other
<br /> than those expressed herein.All prior agreements respecting[he subject matter thereof have been incorporafed in the terms herein and are no longer of any Force or efiect.All modifications to this
<br /> Agreement shall be in writing and signed by botl�parties.
<br /> I8. All claims,disputes and other matters in question arising out of or relating to this contract or the breach thereof shall be decided by Arbitration in accordance with the Construction Industry Arbitration
<br /> Rules of the American Arbitration Association.Tlie award rendered by the arbitration shall be final,and judgement may be entered upon the award in accordance with the Florida Arbitration Act.If the
<br /> arbitration of this Agreement is contested by either party,the issue shall be submitted to a court competent jurisdiction,and the arbitration shall be stayed until the determination by the court.In the
<br /> event that the court finds that the claims,disputes or matters in question are not subject to arbitration,Customer and SCbI INC.hereby each waive their respective rights to a trial by jury�vith respect
<br /> to said claims,disputes and matters.
<br /> 19 Every provision of this Agreement is intended to be severable.If any terms or provisions hereof is found by a Court of competent jurisdiction to be in invalid,such invalidity shall not affect the validity
<br /> of[he balance of the Contract or the remaining terms and provisions hereof.This contract shall be governed and be construed in accordance with the Laws of the State of Florida.And the parties hereto
<br /> agree that the proper venue for adjudication in any matter resulting therefrom is in a Court of competent jurisdiction wherein the project or property is]ocated.
<br /> Mortgage Information Release and Authorization:Attention:Loss Drak Department:SCM Roofing of Florida,Inc.has been engaged to perform the work[o address the damage and improve the condition
<br />' oCyour collateral.Please note owner has irrevocably assigned and transferred to[he Contracror all insurance proceeds paid to address the damage caused by this loss.Please promptly fonvard all such proceeds
<br /> ro Contractor.
<br /> Mortgage Company is hereby irrevocably authorized and directed to immediately release any and all inCormation concerning O�vner's account to the Contractor,or its agents upon request,including the status
<br /> of the release o-E funds obtained for this"loss by your institution for the duration of claim.The information may indude but not be limited to-the loan status,-account balances,_paymen�activity,_receipt and _
<br /> processing of loss drafts and insurance proceeds,the status of disbursement of insurance proceeds and other information as shall be requested.Therefore,Mortgage Co.may release additional information to
<br /> Contractor in the future without Owner's further authorization,and to discuss the status of Owner's account and proceeds paid for this loss with representatives of Contractoc O�vner(s)understand Company
<br /> will be helping us prepare&coordinate the necessary forms and inspections Cor expediting the insurance drak.
<br /> Owner(s)collectively and individually agree that Mortgage Co.shall have no obligation or responsibility�vhatsoever to verify the identity ofthe recipient of this Release,and Owner(s)release and hold Mortgage
<br /> Co.harmless from any and all claims,responsibility or liability whatsoever related to,in connection�vith,or arising out of Ivlortgage Company's release of inFormation under this Authorization and Release.
<br /> Fur[hermore,Owner(s)hereby instruct Mortgage Co.to immediately release any and all funds for work provided by SCM Roofing of Florida,inc,upon demand.As such Mortgage Co.is hereby on notice
<br /> that the untimely release of insurance proteeds for work provided Uy emergency services and reconstruc[ion may result in further legal proceedings against the Mor[gage Co.for Lost Interest and Unjust
<br /> Enrichment.
<br /> I NOTICE TO INSURANCE COMPANY•ASSIGNMENT OF CLAIM•COVENANT OF PAYMENT:
<br /> Owner hereby assigns any and all insurance rights,benefits,proceeds and any causes of action under any applicable insurance policies which cover the damage to the property that Company is to repair pursuant
<br /> to this contract Owner further assigns and authorizes Company to seek reimbursement from O�vner's insurance carrier for payment owed ro Company for services rendered or to be rendered by Company
<br /> via the initiation of a civil action in a court of competent jurisdiction or other means of recovery.In this regard,Owner�vaives privacy rights.O�vner makes this assignment in consideration of Company's
<br /> agreement to perform services and supply materials and otherwise perform it's obligations under this contract,including not requiring full payment at the time of service.Owner also hereby directs owner's
<br /> insurance carrier(s)to release any and all information requested by Company,iPs representative,and/or it's Attorney for the direct purpose of obtaining actual benefits to be paid by Owner's insurance carrier(s)
<br /> for services rendered or to be rendered.
<br /> Direct Payment Authorization:Owner hereby irrevocably authorizes,directs,and instructs all insurance carriers and/or their agent(s)who may be liable to Owner for this loss,in�vhole or in part,to make
<br /> all paymen[s direc[ly to SCM Roofing of Florida,Inc.("Assignee"),the sums that are due and owing Assignee for the services rendered to Owner,whether said payment is voluntary or the result of a judgment
<br /> or verdict agains[the carrier.Owner authorizes Company be given irrevocable po�ver-of-attorney and owner's express permission to endorse Owner's name on any and all checks received from an insurance
<br /> company on Owner's behalf for services provided by Company.Owner also hereby authorizes,directs and unequivocally instructs direct payment of any benefits or proceeds to Company and to include
<br /> Company's legal name as an additional payee on all payment drahs issued for tliis loss and direct the carrier to mail such draks direcdy to Company at 16603 Plum Rose Court,Tampa,Florida 33618.Owner
<br /> agrees that any portion of work,deductibles,betterment,depreciation or additional work requested by the undersigned,not covered by insurance,must be paid by the Owner on or before it's completion.In
<br /> the event that Owner(s)do not have insurance coverage,O�mer(s)understand that O�mer(s)remain personally responsible for payment of services rendered.
<br />
|