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resulting damages. 8.LANDSCAPING:While Company shall make reasonable efforts to safeguard the lawn and/or shrubbery,it is the sole responsibility of Owner to remove any and all lawn ornaments,exterior furniture and valuables.Company cannot guarantee the safekeeping of these hems nor shall Company assume liability for damage: 9.TIMELY PAYMENT:Owner's responsibility to ensure prompt payment to Roof X Inc.and not to exceed 3 business days from receipt of invoice.Customer will accrue a 1%late charge fee per day. 10.FORCE MAJEURE:Company shall not be liable for any natural and/or unavoidable catastrophes that interrupt the expected course of events and restricts Company from fulfilling its obligations herein,such as,but not limited to,excessive wind,hail,ice,rain, extreme weather conditions,fire,war,governmental actions or other acts of God. 11.LABOR WARRANTY:Company shall provide to Owner a two(2)year(unless otherwise sated in notes section),non-transferrable warranty on labor.Company is not responsible for any damage below the roof due to,but not limited to,leaks,cracks,fissures,etc: caused by excessive wind.ice,hail,snow or any other act of God during the period of warranty. In the event of an extreme weather condition or act of God which warrants an insurance claim,Labor Warranty shall be void. 12.WARRANTY EXCLUSIONS:Company shall have no liability for damages from fires,windstorms or other hazards as is normally covered by Homeowner's Insurance or Builders Risk Insurance unless specific,written agreement is made prior to commencement. This Contract,and any warranty provided shall not be assigned or transferred by either party,except by written instrument and signed by both parties 13.MANUFACTURER WARRANTY ON MATERIALS: All materials used are subject to Manufacturer's Limited Shingle Warranty.Any defect of materials is covered,and subject to,the manufacturer's warranty specifications;this shall void Company's Labor Warranty. 14.PRE-EXISTING MATERIALS:Repair of deteriorated decking,"waves"in'decking,fascia boards,roof jacks,ventilators,flashing, chimneys,gutters or other such materials(unless otherwise expressly stated in the Contract)are not included.Should Owner elect to repair any and/or ail of these pre-existing materials. Owner shall be charged for both materials and labor.Company shall be liable neither for the replacement of,nor for any damages arising from Owner's election to retain these pre-existing materials. 15.PRE-EXISTING CONDITIONS:Company shall not be responsible or liable for issues due to improper ventilation,deteriorated decking, "waves"in decking, appearance of roof due to irregularities in underlying roofing system or other pre-existing,structural defects. 16.SHINGLE COLOR CHANGE:Should a shingle color change be requested within forty-eight(48)hours of the mutually agreed upon Installation date,a$17.00 express shipping fee shall be charged by Company to Owner.This fee MUST be paid on date of installation. 17.MINIMUM CONTRACT: Company reserves the right to terminate any Contract if Contract Price does not exceed$4,999.99. 18.SEVERABILIiY: If any provision of this Contact is held by a court of competent jurisdiction to be contrary to law,then the remaining provisions of this agreement or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby,and each such provision of this Contract shall be valid and enforceable to the extent granted by law. 29.BINDING ARBITRATION:If a dispute arises from or relates to this Contract or the breach thereof,and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under Its Construction Industry Mediation Procedures before resorting to arbitration.The parties further agree RICK UeAr