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<br /> TERMS AND CONDITIONS
<br /> 1, Generall.This proposal is subject to change without notice and isadtomaticallywithdfawn with a self-adhered underlayment,and Customer agrees to indemnify and hold
<br /> on the 15"day following the"date.of issue if not accepted in writing and a copy of'thils: harmless Contractor for any and all damages arising outof said condition.
<br /> ' proposal returned to Dynasty Building:,Solutions,LLC(°Contractor').If the customer 6. Restrictions, and Requirements..Contractor shall carry workers compensation,
<br /> cancels this.prior to the start of work,.Customer is liable for 20%of the total Agreement automobile liability,,commercial general liability and any other insurance required by law,
<br /> price as liquidated damages,because Contractor is unable to:aocurately measure its In the event that state;county,or municipal codes:or regulations_require work not
<br /> damages for the cancellation of theAgreement By executing this Agreement Customer expressly set.forth in this Agreement or that differs materially from that generally
<br /> and Contractor agree that the liquidated damages amount is not a penalty.Contractor, recognized as inherent in work of the character provided for in this Agreement,all extra
<br /> reserves the right to withdraw this proposal atany time priorto its acceptance orto cancel costs for Contractor's labor and materials shall be the sole obligation of the Customer.If
<br /> this Agreement prior to commencing work ifthe:cost to complete the work varies from the substrate roof condition results in ponding pursuant to the Building Code and
<br /> the initial standard pricing due to a typographical or mathematical error.As usedin this modifications are required to correct the roof so ponding will not occur,Contractor will
<br /> Agreement,(a)the word"or"is not exclusive,(b)'the word including°bs.always without notify Customer immediately.Prior to executing this Agreement,Customer shall notify
<br /> limitation,(c)"days"means calendar days and(d)singular words include plural and.vic6 Contractorin writing of all property and deed restrictions and/or covenants that relate to
<br /> versa. :or restrict the improvements contained in this Agreement Contractor shall not be
<br /> 2. Access.Customer shall provide Contractor with adequate access to electricity and other responsible.for work,performed that does not comply with or conform to the property
<br /> utilities as needed,the work site,and the work area adjacent to the structure,Contractor restricllons or covenants.:Customer shall pay Contractor for all work performed in
<br /> disclaims any and all liability for the grading,leveling,slope or construction ofthe roof violation of any covenantor restriction if Customer failed to notify Contractor in writing
<br /> deck, the roofing system; structure andlor appurtenances. Customer represents to prior to executing this Agreement.
<br /> Contractor that all of the existing surfaces are suitable to receive the-materials Identified. 7, Customer.Protection of Property,Customer shall be solely responsible forany damage
<br /> in the scope of work. Customer shall provide Contractor with access to deliver to curbs,walkways,driveways,structures;septic tanks,HVAC,utility lines,pipes,gutters,
<br /> and/or remove materials and debris. Prior to the commencement of work; landscaping,appurtenapoes,or other real or personal propertyat the project location
<br /> Customer shall provide Contractorwith.access to the interior of the structurei.upon during.construction.Contractor shalt not be responsible for cracks of any kind in the
<br /> reasonable notice by Contractor, to inspect the.premises for stains,, ceiling ceiling due to the,performance of Contractors work onthe property.Contractor shall not
<br /> damage and/or structural damage. Contractor shall not be responsible for any be responsible for any damage caused bydust or debris caused by,Contractors work,
<br /> preexisting stains, ceiling damage and/or structural damage, Customer shall Contractor.shall.notbe.responsible for,:damage to person(p)or property caused by nails
<br /> provide Contractor with all information necessary to prepare the Notice of on the property.Customer shall take the appropriate precautions to protect the property
<br /> Commencement. Customer andlor owner shall hold harmless and indemnify and to avoid damages or injury caused by nails.Contractors warranty does not include
<br /> Contractor from all damages, liabilities, attorney's fees and other expenses roof file slippage on a mortar or foam type file roof system on roofs with a pitch greater
<br /> incurred as a result of the Customer and/or.Customer's failure to fulfill its than 4/12,that are not mechanically .fastened. Customer.agrees that,under no
<br /> obligations under this paragraph. circumstances shall Contractor be held liable forwater intrusion that occurs from the date
<br /> 3. Payment Terms,By signing this Agreement,.Customer gives Contractor the.right to Contractor commences work on the project.through the date of completion of such work.
<br /> obtain a credit check on the signatory. Contractor reserves the right,to require a deposit Customer be responsible for removing,Installing,and re-positioning satellite
<br /> in excess of 10%,and Customer.hereby agrees to waive the requirements:of Florida dish(es),solar panei(s),lightning rod(s);etc.Customer shall be responsible{or
<br /> Statute 489.126' Customer agrees topay interest at;the rate of 1 1/2_%:per month damage to lighting fixtures,_mirrors, pictures,frames,and-other such items not
<br /> (ANNUAL PERCENTAGE RATE OF 18%),unless otherwise required by laity,on the customarily permanently affixed,as'the.§6 items can fall,if not firmly attached to
<br /> balance of any and all unpaid amounts.Payments received shalt be applied first to the wall or cefling.,Customer shall secure and protectall personal items in`advance
<br /> interest on,all outstanding invoices and then to the principal amount'of the oldest rot construction and shall protect or remove all wall hangings until the work is
<br /> outstanding invoices. The total Agreement .amount, including the charges for. complete.. Contractor shall not'be responsible for lost, stolen, or damaged
<br /> changes/extras outside the scope of workfdentified hereln,shall be payable to Contractor personal items and wall hangings. Unless otherwise specified,there is no specific
<br /> In accordance with the Agreement. No portion of the,agreed upon payment may be completion date for Contractors work. Contractor will perform the work within a
<br /> Withheld,back charged or used,as a.setoff of the agreed upon payment amount without: :reasonable fime•and in a workmanlike manner.The cost for testing and abatement of
<br /> the written consent of Contractor.Customer acknowledg6s•and agrees that.It.has,an. asbestos and lead:is the sole responsibility of the Customer.As part of the roofing
<br /> independent obligation to pay Contractor, If Customer,does. not make payment, process,,odofs and.emissions from roofing products will be released and noise will be
<br /> Contractor shall be entitled to recover from Customer all costs of coliectionancurred by generated.Customer.shall be responsible for indoor airquatty during the work and shall
<br /> Contractor, including attomey's.fees, costs, and expenses incurred whether or not hold Contractor harmless,indemnify and defend Contractor from any and all claims,
<br /> lifigation is initiated.Collection matters maybe processed through litigation orarbitration :actions,proceedings,and complaints arising out of or relating to fumes,,odors;and/or
<br /> at Contractors sole discretion.If there is an increase in the price of materials charged to. the indoor airqualilly during Contractor's performance of the work.If Customer requests
<br /> the Contractor in excess of five p6/oypercent,subsequent to making this.Agrpie rent, Contractor to install permanent safety brackets to the subject roofing system,
<br /> then the price set forth in this Agreement shall be increased without the need fora written Customer hereby authorizes Contractor and its subsidiaries,affiliates,employees,
<br /> change order oramendment to the Agreement to reflectthe price increase and additional agents, suppliers, and subcontractors to.have sole access.to use the safety
<br /> direct cost to the Contractor. Contractor"shall submit written documentation of'the, brackets during Contractor's performance of the work. Accordingly, Customer
<br /> Increased charges to the.Customer.If Customer fails to pay Contractor in accordance hereby releases,,acquits and forever discharges,and shall indemnify and defend
<br /> With this Agreement,then Contractor may,at its sole discretion,suspend performance of Contractor from any and all claims, demands,damages, rights, and causes of
<br /> all work,,suspend,shipments and/or warranties:until full payment is made, and/or action of every kind,nature and descriptiorrwhatsoever,arising out of or by reason
<br /> terminate this Agreement if a suspension occurs that is not caused solely by,the of or in any manner connected with the unauthorized use of the safety brackets
<br /> Contractor, the Agreement turn shall be increased by the amount of contractors by the Customer or any third party,
<br /> reasonable costs of shut-down delay and start-up.The parties acknowledge add agree 8. Choice of Law,Venue and Attorney's Fees,ThisAgreement shall be.govemed by the
<br /> that the substitution of materials and price adjustments may be required based on .laws of the State 4Florida.Vanue of any proceeding arising out of this Agreement shall
<br /> I changes in material availability and the cost to obtain and deliver materials to,the project be Hillsborough; Florida.The non-prevailing party in.any legal orequitable action
<br /> between the date of this Agreement and the delivery date:in'such event,Contractorand arising outof or relating to this Agreement including.arbitration,administrative;appellate
<br /> Customer work together in good faith.to identify substitutematerialsthat are similar andfor bankruptcy proceedings shall reimburse the'prevajling:party:on demand for all
<br /> in price and quality and that do not cause an increase:to the Agreement amount If fattomey's:fees,costs,and expenses•incurred by the prevailing party in connection with
<br /> Customer selects substitute materials that increase the Agreement amount,then the the action.,
<br /> j Agreement will be adjusted to reflect the additional costs incurred by the Contractor to 9. Arbitration.If a dispute shall arise between Contractor and Customer with respectto
<br /> purchase and deliver the materials. 'any matters or questions arising out of or relating to this Agreementorthe,breach thereof,
<br /> 4. Site Conditions.Should the Contractor discover concealed or unknown conditions in the such dispute,other than:collection matters,shall be decided by arbitration administered
<br /> existing,structure that vary from those conditions ordinarily encountered and.generally by and in accordance with the:Construction Industry Arbitration Rules of the American
<br /> recognized as Inherentiri the work of the characterIdentified in this Agreement,then the Arbitration Association,This Agreement to arbitrate shall be.specifically enforceable
<br /> Agreement amount shall"be equitably adjusted upon notice thereof from time Contractor under the prevailing arbitration law.The award rendered by the arbitrators shall be final,
<br /> to the Customer. 'and judgment maybe enfered upon it in any Court having jurisdictic h,thereof.
<br /> 5. Sealed Attic:Liabiiity Exclusion:Contractor shall not be liable for any roof or 10. Jury Trial.Waiver.In the event there is,litigation over the enforcementof a collection
<br /> structural related issue arising out of.or relating to combining a sealed attic system matteror construction lien,the parties,KNOWINGLY,VOLUNTARILY,IRREVOCABLY
<br /> AND INTENTfONALLY�WANE THE RIGHT TO A TRIAL,BY JURY IN RESPECT TO
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<br /> CUSTOMER INITIALS
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