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<br />(Re , 7/03) TERMS AND CONDITIONS
<br />~ . (re-roofing, repairs and service)
<br />, 1. TERMS. One-third (113) of the amount of this contract is due and payable at start- Customer from injuries and/or damages which may arise out of or result from
<br />up/mobilization. The second one-third of the amount of this contract is due and Company's operations under this work order and for which Company may be legally
<br />payable when the project is 50% complete. The final one-third of the amount of this liable, whether such operations be by Company or by anyone directly or indirectly
<br />contract is due and payable upon completion, Interest shall start to accrue 30 days employed by Company, or by anyone for whose acts Company may be liable.
<br />from the date of final invoice on any unpaid balance at 1 Yo % per month (18% per Customer agrees to look solely to Company's appropriate insurance carrier
<br />annum) or at the maximum legal rate permitted by law. If legal proceedings are for any and all damages resulting from personal injury or property damage
<br />required to cQllect an unpaid balance, all costs including actual attomey fees shall claims including those caused, in whole or in part, by Company. Customer
<br />be added to the unpaid balance. Non-payment in accordance with these terms expressly waives all claims excluded under Company's insurance policies. The
<br />shall be colllsidered material and cause for termination of performance by Customer agrees to provide sufficient insurance to protect Company against loss of
<br />Company. materials installed or on the premises due to fire, windstorm, hail or floods.
<br />2, ADDITION~L CHARGES. The following shall be an addition to the contract price Customer provided property insurance shall be on an all-risk policy form and shall
<br />and charged pn a time and material basis, including 30% for overhead and profit: insure against the perils of fire and extended coverage and physical loss or damage
<br />addition or d~viation from the specifications herein described; damage to our work including, theft, vandalism, malicious mischief, collapse, false work, temporary
<br />by others; te~porary protection of the building not originally included in this work buildings and debris removal including demolition occasioned by enforcement of
<br />order; premabe notice to start work causing unnecessary trips; trips back to the any applicable legal requirements, If the property insurance requires minimum
<br />job to repair ~penings created after work is complete; and any labor required to be deductibles the Customer shall be responsible for payment of the additional costs
<br />done outside bf normal business hours. not covered because of such increased or voluntary deductibles. The insurance
<br />3. EXCLUSI~S, The following items are not included in this contract unless shall waive rights of subrogation, if any against Company. The Customer shall
<br />otherwise spljcifically stated in writing: repairs to the roof deck, installation of wood purchase and maintain such insurance as will insure the Customer against loss of
<br />or cant stri~ furnishing or installation of sheet metal or roof drains, repairs or use of the Customer's property due to fire or other hazards, however caused, The
<br />alteration to 'the building other than the roof, identification, abatement and/or Customer waives all rights of action against Company for loss of use of the
<br />removal of asbestos containing or toxic material, or work preparatory or incidental to Customer's property, including consequential damages. If Customer is not the
<br />these items, No interior protection or clean up included. Company shall not be owner of the property then Customer may satisfy its responsibilities hereunder by
<br />responsible fqr any damage: (a) due to nails or screws penetrating the roof deck; having the Owner provide the coverage in compliance with this paragraph.
<br />(b) incurred tel anything secured or attached to the roof deck; or (c) due to joists or 10. ACTS OF GOD. Canpa1y shall rd be responsible for danaJe or delay due k> strikes,
<br />any other roofing structure member which becomes loose, unsecured or falls as a fires, oo::idenIs, ads ri god, ads of terrorism or WiY or other causes beyood its reasonable
<br />result of the roofing operations of Company. Company shall not be responsible for rontroI.
<br />any claims, oamages or expenses arising from the presence or disturbance of 11, ACCESS. Company shall be permitted to use driveways, and paved areas
<br />asbestos conlaining, or toxic materials, or arising out of or in any way related to leading, or adjacent to, the job site for its equipment without liability to Company
<br />biological grmj.1h, including, but not limited to, all types of mold, or any other type of occasioned by the negligence of others or by its equipment.
<br />contaminationlof the Owner's building, 12. STRUCTURAL SUITABILITY, Company assumes full responsibility for
<br />4. MATERIALS. All materials used shall be as stated in the specifications and/or fumishing roofing materials and for their proper installation in accordance with
<br />attached ScoPe of Work, manufacturer's specifications. Company does not, either itself .or through its
<br />5. CUSTOMER'S RESPONSIBILITY. The Customer is solely responsible for representatives, practice architecture or engineering and offers no opinion on, and
<br />structural suil$bility of the building in light of specifications of the roofing system to expressly disclaims any responsibility for, structural integrity, compliance with
<br />be applied ptfsuant to this work order, including, but not limited to, load bearing building codes or design. Opinions of competent structural engineers should be
<br />capacity, dewl point and vapor transmission calculations. Further, the Customer obtained by the Customer as to the structural soundness of the roof deck and its
<br />shall be solelj responsible for any damages to any furniture, furnishing, fixtures or ability to properly support normal roof construction equipment and operations and
<br />contents of the building during the performance of the work, except such damages the completed roof system, Company accepts no liability for any failure of the roof
<br />as may be caused by the sole negligence of Company. Customer is aware that deck, its ability to support the contemplated roof installation, or resultant damages,
<br />roofing produCts emit fumes, vapors and odors during the application process. 13. FINAL PAYMENT. The making of final payment shall constitute a waiver of all
<br />Customer shllll be responsible for interior air quality, including controlling claims against Company by the Customer except for those arising from (a)
<br />mechanical equipment, HVAC units, intake vents, wall vents, windows, doors and unsettled liens stemming from work performed by Company, and (b) terms of any
<br />other opening~ to prevent fumes and odors from entering the building and shall hold guarantee or warranty issued pursuant to this work order. No guarantee or
<br />Company hartnless from claims relating to fumes and odors emitted during the warranty provided by Company shall be valid until full and final payment is received.
<br />normal roofingiprocess. 14. ARBITRATION. Any controversy or claim arising out of or relating to this work
<br />6. PERMITS. 'Customer shall secure and pay for necessary approvals, permits, order, or the breach thereof, shall be settled by arbitration in accordance with the
<br />easements, a$sessments and charges required for construction, use or occupancy Construction Industry Arbitration Rules of the American Arbitration Association and
<br />of permanent ~tructures or permanent changes in existing facilities. judgment upon the award rendered by the Arbitrator(s) may be entered in any Court
<br />7. GUARANT~E AND WARRANTY. The type of guarantee and extent of coverage having jurisdiction thereof. Notwithstanding the foregoing, in Company's sole
<br />shall be as i*,icated in accordance with written guarantees, if any, offered by discretion, collection of unpaid balances may be sought in any Court having
<br />manufacturers: of materials incorporated into the project. In addition to the jurisdiction thereof or under this arbitration clause. Any legal claim against
<br />manufacturer'$ guarantees, if so noted in the proposal, and upon receipt of final Company must be brought no later than one (1) year after Company has completed
<br />payment, Co",pany shall guarantee workmanShip furnished as part of this work work,
<br />order against Ilefects in such workmanship for a period of one (1) year from the 15. MISCELLANEOUS. These Terms and Conditions together with the cover
<br />completion of \Nork. ('Warranty.) The value of this warranty shall not exceed the page providing the Scope of Work, etc. and any attachments constitute the entire
<br />work order priCe, In all cases Company's liability is limited to repairs or roofing and agreement (Agreement) of the parties, Modifications to this Agreement can be
<br />waterproofing work and materials installed by Company, EXPRESSLY made only in writing signed by Company. Customer permitting performance of work
<br />EXCLUDING i CONSEQUENTIAL DAMAGES. THERE ARE NO OTHER indicates acceptance without exception of this Agreement, even if this Agreement is
<br />GUARANTEE~ OR WARRANTIES EXPRESS OR IMPLIED. not executed, This Agreement is solely for the benefit of Customer and Company,
<br />8. PONDING ~A TER. Company is not responsible for location of roof drains, and is not intended for the benefit of any other parties.
<br />adequacy of dtainage or ponding on the roof. It is understood by Customer that a
<br />Ponding Water condition is not indicative of defective workmanship under this
<br />agreement. Pqsitive Drainage is a design goal and is not always achievable.
<br />Company Wi~1 ' ot be held responsible for a Ponding Water condition that results
<br />from a roof s cture that is not designed to achieve Positive Drainage as defined by
<br />the National R fing Contractors Association (NRCA), Ponding Water is defined as
<br />a roof surfa~ that is incompletely drained. Positive Drainage is a drainage
<br />condition with idditiOnal roof slope provided to ensure drainage of a roof area with
<br />48 hours after rainfall.
<br />9.INSURANC " Company agrees to purchase and maintain, as required by law,
<br />workers' compensation and general commercial liability insurance to protect the
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