1. GENERAL. The Contract-Estimate Specification (“Contract”) shall be automatically cancelled and/or withdrawn on the 15th day following its date of issue if not accepted in writing by Customer and a copy of the signed Contract is delivered to Springer Roofing, LLC., (“SR”). As used in the Contract and these Terms and Conditions, the word “or” is not exclusive, the word “including” is always without limitation, the word “days” means calendar days and the word “customer” identifies that person or party that signed the Contract as owner or agent.
2. HIDDEN CONDITIONS. It is understood that the Contract price and scope of work therein provided is based upon observable visual conditions. Additional Charges for unforeseeable conditions may include but are not limited to: Carpentry work, for which roofing crews will replace damaged lumber at a replacement cost based on a square foot and/or linear foot. Carpentry crews will be billed at a rate of $65.00 per man hour plus material. Price guidelines are as follows: (Prices below are based on minimal nominal size. All larger and specialty lumber is additional.)
Sheathing………. $2.50 & up Soffit…………… $2.75 & up Rafters………….. $ 3.75 & up
Siding………….. $3.00 & up Fascia………….. $3.00 & up2x Fascia…………… $ 2.00 & up
Nailers…………. $0.75 & up Moldings……… $0.75 & up Timbers…………. $ 4.00 & up Screen Encl. Fascia. $20.002x
Dutch Gutt.& Screen Encl..$25.00Rafter Tails………$55.00 & up
In the event that other conditions, not specifically listed above, are discovered, SR shall charge $65.00 per man hour plus material. Any additional costs or charges assessed under this paragraph shall be itemized in a change order issued to Customer.
3. CUSTOMER RESPONSIBILITY. Customer shall notify SR of the whereabouts of exposed sheathing, septic tank and drain field, including any holes and/or openings therein. Due to the nature of the work to be performed at Customer’s request, Customer agrees not to hold SR liable and takes sole responsibility for any and all damage done to, including but not limited to, curbs, walkways, driveways, structures, septic tanks, HVAC, utility lines, landscaping, appurtenances, electrical lines, gutters, signs, plumbing, pipes, solar panels, screens, screen enclosures, pools, pool pumps, vehicles, boats, equipment, interior furnishings, paint, personal belongings and persons or real or personal property at the job location. SR is not responsible and shall have no liability for any hairline cracks or cracks in the ceiling due to the removal and reinstalling of the roof or any damage caused by dust or debris caused by SR’s work. Customer agrees that SR shall not be liable for water intrusion that occurs from the date of commencement of roof repairs, remodeling or other roofing services through the date of completion of such work. The cost for testing and abatement for asbestos is the sole responsibility of Customer.
4. ACCESS. When necessary Customer shall provide written permission from surrounding land owners or homeowners to provide access to the job site. Customer shall be responsible for any damage to surrounding owner’s property or home.
5. RESTRICTIONS AND CODE CHANGES. In the event that state, county or municipal codes or regulations require work or additional work not expressly set forth in the contract or differ materially from that generally recognized as inherent in the work of the character provided for in the contract, all extra costs for SR’s labor and materials shall be the sole obligation of the Customer. It shall be the sole obligation of the Customer to determine the existence of any restriction in deeds, subdivision or neighborhood regulations which might relate to or restrict the work under the Contract and SR shall be no liability or responsibility for any such non-conformity with such restrictions or requirements. Additionally, owner understands that there may be Code items, such as those mentioned on Building application form section 1524 that require corrections. These items will be billed in addition to the base contract price.
6. ENTIRE AGREEMENT. These Terms and Conditions along with the Contract constitute the entire understanding of the parties and no other understanding, collateral or otherwise, shall be binding, unless in writing and signed by both parties. Any representations, or other communications not written in these Terms and Conditions and Contract are agreed to be immaterial, and not relied on by either party, and do not survive the execution of the Contract. SR’s officers have sole authority to make any written agreements or representations that modify, add to or change the terms and conditions of these Terms and Conditions and the Contract.
7. CANCELLATION. The Customer shall have the right to cancel the Contract in writing, within, (3) business days after signing the Contract. In the event the Customer cancels after the three day period and before any work has begun, SR shall be entitled to retain and/or recover the “deposit” listed in the Contract as liquidated damages, because SR is unable to accurately measure its damages for the cancellation of the contract prior to work starting. Customer and SR agree that this amount is not a penalty and bears a reasonable commercial relationship to the contract.
8. FORCE MAJUERE. SR shall not be held responsible for any damages caused by Acts of God, including, strikes, riots, hurricanes, inclement weather, shortages of labor or materials, war, governmental laws or regulations or any other causes that are beyond the reasonable control of SR.
9. PAYMENT. Any payment not received within five (5) days of the disbursement schedule noted on the Contract, date of invoice, or date of change order, shall accrue interest at the maximum rate allowed by law, or 1.5% per month, not to exceed 18% per annum, whichever is higher.
Failure by Customer to make any payment when due shall be a material breach of this agreement and permit SR at its election to: (1) stop all work until payment is made or (2) cancel the Contract immediately and seek recovery of all monies owed.
10. CHANGE ORDERS. Changes in the work and services may be required. In such event, SR shall issue a written change order to Customer. Customer shall pay such additional sums as detailed in section 9. Customer’s failure to dispute, in writing any change order within 3 days of issuance shall serve as an acceptance and approval of such changed work or service.
11. WAIVER OF CONSEQUENTIAL DAMAGES & DELAY DAMAGES. Customer hereby waives any and all claims against SR for consequential damages, special damages and delay damages arising out of or relating to the Contract and the work. This waiver includes but is not limited to (1) damages incurred by the Customer for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons.
12. SEVERABILITY. The invalidity, illegality or unenforceability of any provision of these Terms and Conditions or Contract shall not affect any other provision therein, which Terms and Conditions and Contract shall remain in full force and effect and shall be construed as if such invalid, illegal or unenforceable provision have never been contained therein.
13. DISPUTES. In the event of a dispute arising under these Terms and Conditions or Contract, whether or not a lawsuit or other proceeding is filed, SR shall be entitled to recover its reasonable attorneys’ fees and costs, including legal fees and costs incurred in any trial or appeal. Venue for any litigation filed under or in connection with these Terms and Conditions or the Contract shall lie exclusively in a court of competent jurisdiction in Miami Dade County, Florida. SR and Customer, to the extent permitted by law, expressly and voluntarily, waive any rights to a trial by jury in any dispute arising under or related to these Terms and Conditions or the Contract.
14. WARRANTY. SR extends to the Customer a warranty on the materials (to the degree and sole extent of the applicable manufacturer’s warranty) and workmanship of the work performed for the period of: 7 Years Built-Up / 8 Years Tile / 8 Year Shingle / 10 Years Metal / 1 Year Repair subject to the following:
- SR must be notified within 5 days of discovery of any defect.
- The defect area must be free from the workmanship of others. Third parties may be used to correct any defect only with the express written permission of SR.
- Warranty does not cover defects caused by windstorms, strikes, riots, acts of God, shortages of labor, quality of materials, war, fire, governmental laws or regulations or any other extraordinary causes that are beyond SR’s control.
- Warranty does not cover damages to aluminum-plastic-fiberglass roofs and connections, screens, screen enclosure or fences.
- SR is not responsible for damages to ceilings, insulation, acoustical tile or any contents of the home, caused by cracked, falling debris, whether these damages occurred during or after the performance of the above described work.
- The following are maintenance items and require periodical care. These items are not covered under warranty: Pitch pans and Roof areas with Ponding Water. Upon completion of the roofing system a preventative roof maintenance program should be initiated by the building owner to achieve normal life expectancy and performance. At least a yearly inspection prior to the rainy season to ascertain the condition of such items as counter-flashing, penetrations, metal edging, membrane defects, etc. or other observed unsatisfactory conditions should be immediately corrected. Check all drains for the flow of water, removing all debris from the roof. Worn and weathered reflective coatings should be re-coated. Roof maintenance programs are available at an additional cost through SR.
- Any warranties made part of this contract will not be valid until entire contract is paid in full, including change order work.
- SR is not responsible and this warranty does not cover any slight color variations in tiles or shingles.
SR makes no other warranties of any kind whether express or implied concerning the materials, equipment, products or goods utilized and/or incorporated in the project and except as otherwise provided herein, expressly disclaims all express and implied warranties to the fullest extent permitted by law.
15. MOLD. Customer acknowledges that SR is not responsible to any existing site conditions, including the existence of mold. SR disclaims any and all liability for any claims, disputes, rights, loses, damages, causes of action or controversies pertaining to or arising out of any mold at the property of Customer. The Customer is solely liable and responsible for any and all damages caused by mold, whether before or after the work of SR has been completed.
16. NOTICES. Any notice required by or called for by these Terms and Conditions shall be delivered to the relevant party at the addresses provided on page 1 of the Contract by Certified U.S. Mail. Any and all notices to SR shall be deemed effective only if in writing and if delivered to SR at the address set forth on page 1 of the Contract.