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<br /> .,;ontractor hereb assi ns to-the extent the are assignable)and conveys to Owner all manufacturers'and suppliers'warranties,together
<br /> Y- 9 {. . . Y . 9 ) Y pp 9
<br /> perating instructions if.available,on all goods,material,equipment and appliances provided to Contractor.Owner's sole remedy for defective
<br /> oducts is against such third-party vendors and their warranties,if any.
<br /> 4. Unless otherwise provided;THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO
<br /> THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,All warranties/guarantees provided by
<br /> Contractor,if any,shall be deemed null and void if Customer fails to strictly adhere to the payment terms.All warranties and guarantees,if any,are
<br /> solely are non-transferable,unless otherwise agreed to by Customer and Contractor in writing.Any express warranty provided,if any,by Contractor is
<br /> the sole and exclusive-remedy for alleged construction defects,in lieu of all other remedies,implied or statutory. In no event,whether based on
<br /> contract,.warranty(express or implied),tort,federal or state statute or otherwise arising from or relating to the work and services performed under the
<br /> Agreement,shall Contractor be liable for special,consequential,or indirect damages,including loss of use,loss of profits,or actions by third parties.
<br /> 5. Any claims for defects in construction,material,or workmanship are subject to the notice and cure provisions of Chapter 558,
<br /> Florida Statutes.Such claims must first be presented in writing to Contractor(and not Contractor's insurance provider)to allow opportunity
<br /> for Contractor to inspect and repair.
<br /> 6, This Agreement shall be governed by the laws of the State of Florida.Venue of any dispute arising out of this Agreement shall be
<br /> Hillsborough County,Florida.Should Contractor erriploy an attorney to institute litigation or arbitration to enforce any of the provisions hereof,to
<br /> protect its interest in any matter arising out of or related to this Agreement,Contractor shall be entitled to recover from the Customer all of its attorney's
<br /> fees,costs and expenses incurred therein,including attorney's fees,costs,and expenses incurred at mediation,administrative,appellate or bankruptcy
<br /> proceedings.
<br /> 7. WAIVER OF JURY TRIAL,THE PARTIES KNOWINGLY,VOLUNTARILY,IRREVOCABLY AND INTENTIONALLY WAIVE THE RIGHT TO
<br /> A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR PERTAINING TO THE AGREEMENT,OR ANY COURSE OF
<br /> CONDUCT,COURSE OF DEALINGS,STATEMENTS(WHETHER VERBAL OR WRITTEN)OR ACTIONS OF ANY PERSON OR PARTY RELATED
<br /> TO THIS AGREEMENT;THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL INDUCEMENT FOR THE
<br /> PARTIES TO ENTER INTO THiS AGREEMENT.
<br /> 8. in no event,whether based on contract,warranty(express or implied),tort,federal or state statute or otherwise arising from or relating to the
<br /> work and services performed under the Agreement,shall Contractor be liable for special,consequential,or indirect damages,including loss of use,loss
<br /> of profits,or actions by third parties.
<br /> 9. Should concealed or unknown conditions in an existing structure be at variance with conditions indicated in the description of the work to be
<br /> performed from those ordinarily,encountered and generally recognized as inherent in work of the character provided for in this Agreement,the
<br /> Agreement price shall be equitably adjusted upon notice thereof from the Contractor to the Customer. Contractor will submit written documentation of
<br /> the increased charges to the Customer.SHOULD YOU HAVE ANY QUESTIONS OR COMMENTS,PLEASE CALL US,
<br /> 10. PLYWOOD REPLACEMENT AT AN ADDITIONAL CHARGE OF$50.00 PER SHEET.(4X8)(if needed beyond the 7 sheets in the
<br /> agreement.)ALL NAILS AND NAIL PATTERNS TO MEET CODES,PLYWOOD CLIPS SHALL BE.USED AS PER CODES. REPLACEMENT OF
<br /> DAMAGED OR ROTTEN 3"FASCIA WILL BE AT A RATE OF$3.95 PER LF.6"FASCIA$3.40 PER LF,(Excluding the 30 if included in the agreement.)
<br /> SUB FASCIA AND RAFTERS ARE AN ADDITIONAL$5.25 PER LF.ESTIMATED TIME OF COMPLETION WILL BE DETERMINED UPON RECEIPT
<br /> OF PERMIT,EXCLUDING SUNDAY AND WEATHER DAYS.
<br /> 11. IF THERE iS MORE THAN ONE LAYER OF MODIFIED THEN A$35.00 PER SQUARE ADDITION WILL BE ADDED TO THE BALANCE.
<br /> A 3.5%CREDIT CARD PROCESSING FEE WILL BE CHARGED ON ALL CREDIT CARD TRANSACTIONS.
<br /> This agreement is subject to revision or withdrawal by RAINIER BUILDERS LLC until signed and accepted by Client and executed by an Officer of
<br /> RAINIER BUILDERS LLC.This is the complete agreement between the two parties,No prior of contemporaneous oral agreements,and no other written
<br /> agreements,except as listed above,shall be binding. The undersigned hereby accepts this Agreement and agrees to be legally bound by all the terms
<br /> and conditions set forth on the terms and conditions page.This Agreement shall be governed in accordance with the laws of the state of Florida.Any
<br /> action arising under this Agreement shall be brought in the County where RAINIER BUILDERS LLC'principle office is located. Each provision of the
<br /> 4greement shall be this
<br /> as if both parties mutually drafted this Agreement.If a provision of this Agreement(or the application of it)is held by a
<br /> .ourt or arbitrator to be invalid or unenforceable,that provision will be deemed separable from the remaining of the Agreement,will be
<br /> eformed/enforced to the extent that it is valid and enforceable,and will not affect the validity or interpretation of the other provisions or the application of
<br /> hat provision to a person or circumstance to which it is valid and enforceable.This Agreement records the entire agreement of the parties and
<br /> upersedes any previous or contemporaneous agreement,understanding,or representation,oral or written,by the parties.All documents/exhibits
<br /> eferred to in this Agreement are an integral part of the Agreement and are incorporated by reference. Customer acknowledges that it has read/agreed
<br /> all in orpor ted documents aQd exhibits.
<br /> lient Signature Date
<br /> atthew Godwin
<br /> November 12,2019
<br /> imeer Asmar
<br /> ate Certlfied Licensed General and Roofing Contractor
<br /> 1F Master Elite Roofing Contractor/Owens Corning Preferred Roofing Contractor
<br /> lygiass Certified Roofing Contractor/GACO Western Certified Roofing Contractor
<br /> IG Builders LLC-Lic#'s CGC-1 513313/CCC-1 329799/Rainier Roofing/Rainier Builders LLC—Lic#CGC-1 5219521CCC-1 330366 r
<br /> w.rainierroofing.com THANK YOU FOR YOUR CONSIDERATION wwwshgbuilders.com
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