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<br /> momentum
<br /> SOLAR
<br /> GENERAL TERMS AND CONDITIONS OF EVERY CONTRACT
<br /> Definitions: In this agreement,the terms"customer", "owner", and"you"refer to the customer identified above, and the terms"Momentum Solar", "seller"
<br /> "contractor","us",and"we"refer to Pro Custom Solar LLC d/b/a Momentum Solar and its employees, agents;and subcontractors,as applicable.The term
<br /> "agreement"or"contract"refers to this agreement between you and us. "Roof Installation"means the work described below.under"Scope of Work",and any
<br /> additional roofing work we agree to undertake iri a separate writing signed by us.
<br /> Attachment A sets forth.an overhead picture of your roof. The roof replacement will be on the portion of the roof that is shaded with XXXXXs. No replacement
<br /> will be made to the unshaded sections.
<br /> We will not provide,or arrange for,architecturaVeirgineering services or structural changes to dwellings or buildings unless we expressly agree to do so in a
<br /> separate writing signed by us.We have the right to determine the method,details,and means of performing the work.We will obtain the necessary building
<br /> permits and ensure code compliance. You agree to cooperate with us to obtain these permits and meet code compliance.You are solely responsible for
<br /> obtaining, at your own cost and expense, any and all zoning variances required by any municipality or local governing body.We will not obtain a zoning
<br /> variance for you unless we expressly agree to do so in a separate writing signed by us.
<br /> Customer Obligations and Notices: You must remove all lawn ornaments and landscape accessories prior to work beginning to prevent any
<br /> accidentalfincidental damage. The Roof Installation will cause dust and minor debris in attic spaces;you are responsible for protecting your possessions in
<br /> attic areas accordingly.
<br /> Time Period:We anticipate beginning work under this agreement within fourteen(14)days after we receive all required paperwork from the applicable state
<br /> and municipality:We anticipate that we will complete the work within thirty(30)days after we begin.This is our best estimate and is subject to change according
<br /> to various factors outside of our control.We are not responsible for delays resulting from any Force Majeure Event(as defined below)or customer requested
<br /> or caused delays. You and we agree that a definite completion date is not of the essence.
<br /> Force Maieure:We will not be liable to the you for any failure.or delay in performance under this agreement caused by events beyond our control including,
<br /> Without limitation:negligence or delay by any governmental entity or utility company;your noncompliance with this agreement;your failure to fumish necessary
<br /> information or furnishing of incorrect information; legal encumbrances on your property; your property's non-conformance with building codes or zoning
<br /> requirements;your credit rating or financing arrangements;acts of God,nature,government or any third parties;war or acts of terrorism; labor strife or disputes;
<br /> shortages of labor,fuel,raw materials,or equipment;technical failures;accidents:sabotage;failure or delays in transportation or communication;failures or
<br /> substitutions of equipment; or hidden or unforeseen physical or hazardous conditions, in but not limited to, environmental hazards such as mold,
<br /> asbestos,and lead paint(each,a"Force Majeure Event").
<br /> Your Responsibilities:You agree to pay us for the Roof Installation as specified in this Agreement. If your service address is subject to any easements,
<br /> covenants,or other legal encumbrances that could affect the Roof Installation,you agree to notify us in writing,including by electronic mail or by certified mail,
<br /> Within five(5)business days of your becoming aware of the encumbrance or prior to our beginning work;whichever is earlier.You agree to ensure that work
<br /> areas are free of preexisting hazards;including,but not limited to unsafe physical conditions or environmental hazards and building/zoning code violations.
<br /> You agree to allow us access to work areas during work hours. If you have a security system,you agree to ensure that it does not interfere with installation.
<br /> You agree not to allow unattended minors at the service address while we are performing the Roof Installation.You agree to control pets and keep them away
<br /> from work areas.You agree that,if anyone under your control interferes with or delays the Roof Installation,you may be subject to transportation and/or storage
<br /> charges or other resulting charges.
<br /> Payments;All payments to Momentum Solar must be made in cash,by credit card,or by check(s)made payable to"Momentum Solar"as specified in this
<br /> agreement. Any payments you owe under your agreement with the third-party finance company must be made in accordance with the terms of your agreement
<br /> with them.
<br /> Failure to Pay:You will be in breach of this agreement if(i)we do not receive any scheduled payment you owe us on time,in full,and otherwise in accordance
<br /> with this agreement;or(ii)you wrongfully refuse to execute a completion certificate or otherwise fail to acknowledge to your third-party finance company that
<br /> we have performed the Roof Installation and this causes us not to be paid or for payment to be recovered from us. If we have not received the full amount of
<br /> any scheduled payment within ten days after the scheduled due date,you will incur a late fee equal to one percent(1%)of the unpaid amount due. If the Roof
<br /> Installation is not completed when the breach occurs,we reserve the right to suspend all work until all past-due amounts have been paid in full. Subject to
<br /> applicable law,we may also pursue amounts you owe us through legal action,which may include perfecting or enforcing a lien against your property. If we
<br /> take legal action to enforce this agreement,you agree,to the maximum extent permitted by applicable law,to pay reasonable attorney's fees and costs we
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