1. Leak Repair Policy:
Peak will provide an estimate to repair the most obvious area where leak is found and although most leaks are easily solved by repairing on item, there could be a combinations of factors that leaks are presented. If leak persists, we will reassess the area of water penetration and determine if further work is required. A corresponding estimate will be provided if additional work is warranted. Under no circumstances will Peak Roofing refund monies for work already completed and agreed to.
2. Changes Orders:
The Owner shall have the right to order “Change Orders” in the Work in keeping with the general scope of the Work by written request. The Contractor shall not be obligated to perform any work in connection with requested Change Orders until there is a written agreement on the price and time adjustment necessitated by the Change Order. Any modification to this Home Improvement Contract which changes the cost, materials, work to be performed, or estimated completion date must be in writing and signed by the Contractor and Owner.
3. Contractor Responsibilities:
a) The Contractor shall comply with all applicable requirements of building codes and permits, inspections and zoning ordinances.
b) Unless otherwise specified, all material shall be new and free of defects and be of good quality as determined by industry standards. Workmanship shall be of good quality as judged by accepted trade practices.
c) The Contractor agrees that all workers shall be covered by applicable Workers Compensation insurance.
d) The Contractor shall be responsible for the payment of all sales and use taxes, excise taxes, and payroll taxes relating to the Work.
e) The Contractor will correct any defective or non-conforming material or workmanship performed by Contractor, its subcontractors or agents.
f) The Contractor will promptly pay all subcontractors, workers and material suppliers.
g) The Contractor will deliver all manufacturers’ warranties to the Owner upon receipt of final payment of the Price, withal adjustments. The Contractor makes no warranties other than those set forth in this Home Improvement Contract. There are no implied warranties of merchantability and fitness for particular purpose. They are hereby excluded.
4. Owner Responsibilities:
a)The Owner has full responsibility for the following conditions and represents to the Contractor that the improvements contemplated in the Work (i) are not in violation of any covenant, rule, regulation, restriction, proffer or zoning or other ordinance, under local governmental law, property owners association, or other person or entity having legal claim or authority, (ii) do not constitute an encroachment on any property interests of another, and (iii) will not involve contact with asbestos containing materials, polychlorinated biphenyl (PCBs), lead or other materials the treatment or removal of which requires special permits.
b) The owner shall be responsible for the cost of any required permits, fees, surveys, variances or special exceptions required for the Work.
c) The Owner will not, during the performance of the Work, employ other contractors or workers or direct any work or make any request arrangement of contract for any additional work from any of subcontractors or workers employed by the Contractor without the Contractor's prior consent.
d) The Owner shall obtain all homeowner’s association approvals, if required, and contractor shall not be liable for work which is not in conformance with homeowner association rules and regulations. The Price of the Work to redo work to obtain conformance with homeowner’s association rules and regulations shall be an extra to this contract.
e) Minor repairs, tampering, inspections, etc. with an installed new "Roof System" by any unauthorized persons other than Peak Roofing Contractors, Inc. will void all warranties set in place.
5. Unforeseen Conditions:
The Contractor has competitively estimated the cost of the Work under the assumption of normal job and site conditions in order to provide the Owner with the lowest reasonable Price. In the event that, during the course of the Work, local Building Code Enforcement officials require changes or modifications or the Contractor encounters unforeseen job or site conditions, including defective or deteriorating structural surfaces, not readily ascertained or disclosed by examination of the Work area at the time this Contract is signed, the Contractor shall give the Owner prompt notice of the condition, provide the Owner an opportunity to examine the same, and prepare an estimate of additional costs. The Price of the Work and time of performance shall be equitably adjusted to reflect the conditions encountered.
6. Miscellaneous Provisions:
a) If the Contractor shall default in its obligation by persistently failing or neglecting to perform the Work after having received written notice from the Owner, the Owner may give the Contractor ten (10) days written notice of their intent to terminate this Contract. If the Contractor has not initiated immediate remedial action within the ten-day period, the Owner may terminate this Contract.
b) In the event that the Owner fails to make a Scheduled Payment when due the Contractor shall have the right to immediately suspend performance. If the failure of the Owner to make payment continues for a period ten (10) days, the Contractor may terminate this Contract by written notice to the Owner.
c) In the event of non-payment or default by the Owner, the Contractor shall be entitled to interest at the rate of 1.5% per month on past due payments and recovery of its costs of collection of outstanding payments.
d) In the event either party institutes legal action to enforce any of the provisions of this Agreement, the prevailing party in any such legal action shall be entitled to recover any and all legal fees it incurred in enforcing this Agreement. The judge or arbiter who presides over any such legal action shall have the authority to determine which party was the prevailing party, if any, and the amount of attorney’s fees to be awarded.
e) Owner shall provide, at its expense, all electricity, water, and utilities on-site for the operation of power tools and equipment necessary for the execution and completion of Contractor’s work.
f) Contractor may in its discretion, change or substitute any materials to be used in the Work; provided, however, all substituted materials shall be of equal kind and quality. All surplus materials shall remain the property of the Contractor with the exception of shingles.
g) This offer of the Contractor is valid for thirty (30) days from presentation, if this contract is not accepted and returned in thirty (30) days the offer shall be deemed to have been revoked.
h) The owner agrees to notify Peak Roofing within seven (7) days of discovery of any defect and to provide Peak Roofing and its representatives access to the premises and the first opportunity of repairing and/or replacing any defective items. If Peak Roofing is not given the first opportunity, any expenses incurred by homeowner in hiring another contractor will be at the owner’s expense and will void any warranties. Homeowner further agrees that upon discovery of any defect, homeowner will take reasonable steps to mitigate any actual or potential damages to the structure. With any potential warranty claim, upon onsite inspection should the Contractor determine that the condition complained of by the owner does not arise out of a defect in the Contractor’s materials or workmanship, the owner agrees to pay to Contractor a flat fee of $79.00 to cover the cost of the onsite visit and inspection.
i) Should Homeowner discover any damage to his/her property, not otherwise covered by the Warranty, that Homeowner believes occurred during the performance of the Work and was caused by Peak’s employee(s), Homeowner must report said damage to Peak within thirty (30) days of completion of the Work, so Peak may timely investigate. Homeowner agrees that Peak shall not be liable for any such damage if it fails to report it to Peak within thirty (30) days of the completion of the Work.
Homeowner agrees that in no case will Peak be liable for damage to plantings, limbs on shrubs or trees, dimples or oil stains on walks and/or pavement, scratches/gouges on decks, nail pops and/or cracks in drywall, or debris in the attic area.
Homeowner further agrees that Peak is not liable for nail pops that occur during any roof/siding/gutter/window replacements.
Homeowner is responsible for removing interior/exterior wall hangings and any damage will be the solely the responsibility of the Homeowner.
7. Termination:
Contractor will have the right to terminate this Agreement without penalty: (i) prior to initiating the work on the Project, or (ii) in the event the Owner interferes in any material manner with Contractor’s prosecution of the work; or (iii) the Owner fails to timely make any payment due under this Agreement. Owner shall have the right to cancel this Agreement as provided.
In the event of termination or cancellation Contractor shall be entitled to the costs of materials ordered or delivered to the home; labor and /or restocking costs plus twenty-five (25%) of contract cost. In the event special order products have been ordered requiring a deposit, Owner agrees to reimburse Contractor for all costs and expenses at the time of termination. By initialing I have read, understand and agree.
8. Interest:
In the event any amount due by Owner to Contractor is not paid within completion of work, interest shall accrue and be due and payable on all such unpaid amounts at the rate of 1.5%, per month from the date of invoice until paid in full. Payments shall be applied first to accrued unpaid interest, then to the principal balance due, and any remaining amount to any unpaid collection costs.
9. Late Fees:
A late charge of $50 or 5% of unpaid balance whichever is greater will be assessed if payment is received after completion of work.
10. Attorney Fees and Collection Costs:
In the event Contractor refers collection of any unpaid amount due to an attorney or collection agency, Contractor shall also be entitled to recover from you any attorney’s fees or collection fees, and all other collection expenses, incurred by it whether or not there is a lawsuit and, including without limitation, legal expenses for bankruptcy proceedings and lien perfection and enforcement.
11. Entire Agreement:
This agreement, and any addendum in writing, shall constitute the entire agreement between the parties. Both parties acknowledge that they have read and understand a complete legible copy of this contract.