Additional Terms and Conditions
Loyal Roofers hereafter known as Loyal Roofers establishes the followings:
1. Unless specifically outlined in writing, the scope of work provided herein does not include carpentry work, woodwork, or painting.
2. Loyal Roofers shall not be liable for damage to walls, ceilings, interior furniture, fixtures, decorations, stock or equipment, sidewalks, lawns, fences, sprinkler systems, air conditioners, solar heaters, screening, swimming pools, patios, etc. either before, during or after the roofing process has been completed.
3. Loyal Roofers shall not be held responsible for damages before or during the work provided herein caused by strikes war, acts of God, sudden rains, wind storms, or any event beyond the control of RCN
4. Loyal Roofers further recommends that on jobs with exposed ceilings, the Owner does the following before work commences:
a. Cover furniture with a drop cloth; and
b. Remove any lamps, art objects, or other breakable items from the room;
5. Loyal Roofers guarantee is set forth on the first page of this Agreement and the same is not assignable; Loyal Roofers provides no guarantee against leakage due to footwear, building construction, fire, hail, hurricanes, termites, etc., or any events beyond our control.
6. In the event leakage occurs during the guarantee period on work completed by Loyal Roofers as well repair said the leak at no charge to the Owner, so long as the source of the leak is not listed in paragraph three herein and payment in full by Owner has been made.
7. Callbacks will be received within 5 working days or in the event of bad weather as soon as possible.
8. Work done or attempted to be done on the Owner’s roof by any person or entity other than Loyal Roofers or its authorized agents shall void the guarantee provided herein.
9. Loyal Roofers will not be responsible for maintenance items such as pitch pans and coatings.
10. Unpaid balances shall be subject to interest at the rate of 18% per annum (and the Owner’s nonpayment of any amount due under this Agreement shall void all guarantees provided herein). The owner shall pay all bank fees associated with any check which is returned for insufficient funds. The Owner shall also pay an additional $75.00 lien preparation fee if a Claim of Lien is filed.
11. Owner bears the risk of loss for all job materials delivered to the job site.
12. Permit must be placed in a secure, visible, and accessible area for inspectors. After the final inspection permit belong to the Owner
13. Loyal Roofers will not be held responsible for gutters. Gutters, especially seamless gutters should be removed by a gutter company engaged by the Owner before commencement.
14. Work related to concealed or hidden roofs that are discovered upon commencement of work will be charged to the Owner on a time and material basis.
15. Any interruption in the work due to the Owner or Owner’s agent will be billed according to time and materials, and such costs shall be due and payable upon receipt of the bill.
16. In the event the building department requires tapered insulation to remove excessive ponding water, the Owner will be charged for time and material only for the installation of said insulation and roofing.
17. Skylights; existing skylights (not approved) will be utilized, unless a replacement is necessary, it will be replaced at an additional cost of skylight & labor only.
18. Loyal Roofers will not be responsible for sheathing nails backing up through roof or wood destroying organisms, asbestos removal, or surveys, and the price provided herein does not include costs of mechanical or engineering reports.
19. The prevailing party in any litigation arising under this Agreement shall be entitled to an award of attorney’s fees and court costs at all trial and appellate levels. The parties hereto waive the right to trial by jury. The owner also agrees to pay, the costs incurred by all pre-suit collection activities including collection agency fees.
20. This Agreement constitutes the complete and entire Agreement of the parties and all prior discussions, understandings, and negotiations, are merged into this Agreement.
21. RCN reserves the right to cancel this Agreement in the event in its discretion upon a determination that the bid amount submitted to the Owner in inaccurate measurements or latent conditions.
22. Loyal Roofers liability on any claim of any kind, including but not limited to warranty, negligence, strict liability, and any other cause of action, for any loss or damage arising out of the work contemplated by this Agreement shall be limited to, and shall not exceed, the contract price specified herein.
23. No action for breach of any terms of this Agreement sale or any other duty of Loyal Roofers arising under this Agreement may be commenced more than one year after the cause of action accrues.
24. This Agreement is effective as of the date signed by both parties. Loyal Roofers may cancel this agreement at any time: (a) Owner defaults on any obligation set forth herein, including payment terms; (b) Owner makes any misrepresentation to Loyal Roofers (c) Owner is the subject of a proceeding under the bankruptcy laws: or (d) it appears to Loyal Roofers that Owner’s financial condition is such that Owner will not be able to meet its payment obligations set forth herein when due.
25. All notices required or permitted to be given under this Agreement will be in writing and will be deemed to have been properly given on the date of actual receipt by the addressee if personally delivered to the party by hand delivery, overnight courier, next day delivery guaranteed, or U.S. Mail.
26. This Agreement also includes the attached notices which are required by Florida law.