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banner 9835 Godwin Drive, Manassas, VA 20110 | 703-368-7483 | info @ summitroofing.com
Summit Roofing Contractors, Inc.
 
 


The terms and conditions of this Agreement are as follows:

1. PARTIES AND SCOPE OF WORK

Summit Roofing Contractors, Inc. (hereinafter called "Contractor"), shall mean the company performing the Work. "Work" means that specific labor and materials to be provided by the Contractor as set forth on the front of this Agreement. "Client" refers to the person(s) or business entity ordering the work to be done by Contractor and shall be responsible for the payment thereof. If the Client is ordering the work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the Client assumes sole responsibility for determining whether the nature of the work ordered by the Client is adequate and sufficient for the Client's intended purpose. In performing its Work, the Contractor shall be entitled to rely on the work of third parties, the representations of Client and the public record and shall be under no obligation to verify any of the foregoing. Contractor will perform any type of environmental remediation under this Agreement The ordering of additional labor and/or materials from contractor beyond the scope of the work shall constitute acceptance of the terms of these General Conditions as to such additional labor and/or materials.

2. RIGHT OF ENTRY

The Client shall, provide rights of entry for Contractor and/or its representatives and necessary permissions in order for Contractor and/or its representative to complete its services.

3. CHANGES IN WORK

3.1 Any modification to this Agreement which changes the costs, labor, materials, work to be performed or estimated completion date, must be in writing and signed by all parties hereto.

3.2 Unless otherwise specified in writing, the price for the Work is based on the understanding that all structural members and other components are in fact in sound condition. If structural members or other components are not in fact in sound condition, or if any unsound conditions are encountered that are not currently visible, then any labor and material necessary to correct such unsound conditions will be a modification to this Agreement. If Client and Contractor cannot agree to the terms of such modification, then this Agreement shall be terminated as provided in Section 5.3 below.

3.3 Client agrees that contractor has the right to substitute materials with equal or superior quality materials should the materials listed in the description of the work become unavailable for any reason. Contractor has the right to make such substitution without notice to or permission from the client.

4. SCHEDULING OF WORK

If Contractor is required to delay commencement of the Work or if, upon embarking upon its Work, Contractor is required to stop or interrupt the progress of the Work as a result of changes in the Work or to fulfill the requirements of third parties or due to strikes, accidents or other interruptions in the progress of construction, or other causes beyond the direct control of Contractor, additional charges may be applicable and payable by the Client and the approximate completion date of the Work shall be extended to take into account the period of delay. Contractor shall not be liable for any delay damages. Delays caused by events beyond the direct control of Contractor do not constitute abandonment, and are not included in calculating time frames for payment or performance of the Work.

5. TERMINATION

5.1 If Client fails to fulfill in a timely and proper manner the obligations under this Agreement, Contractor shall have the right to terminate this Agreement by written notice of termination, specifying the effective date thereof, at least two (2) business days before the effective date, in which event the Client shall be obligated to immediately pay the Contractor compensation based on Contractor's normal rates for any Work completed prior to the effective date of termination, including charges for both labor performed and materials purchased by Contractor prior to such date, in addition to Contractor's overhead and profit on the portion of the Work which remains uncompleted as of the termination date.

5.2 In the event Client breaches this Agreement by canceling it more than three (3) business days after the date of the Agreement, for any reason not related to Contractor's failure to fulfill in a timely and proper manner its obligations under this Agreement, Client shall be obligated to immediately Day the Contractor compensation based on Contractor's normal rates for any Work completed prior to the effective date of cancellation, including charges for both labor performed and materials purchased by Contractor prior to such date, in addition to Contractor's overhead and profit on the portion of the Work which remains uncompleted as of the cancellation date.

5.3 In the event of a change in the Work occurs as provided in Sections 3.2 or 3.3 above, and the Client and Contractor are unable to reach agreement as to modification of this Agreement within twenty-one (21) days after Contractor gives written notice of such change in the Work to Client, this Agreement shall be immediately terminated on the 22nd day after such notice, and Client shall immediately pay the Contractor compensation based on Contractor's normal rates for any Work completed prior to the effective date of termination, including charges for both labor performed and materials purchased by Contractor prior to such date.

6. WARRANTY

The Work will be performed in accordance with this Agreement, all applicable building codes, these General Conditions, and generally accepted practices. Contractor will comply with all local requirements for building permits, inspection and zoning. Workmanship is guaranteed for one year from date of installation. The manufacture's warranty is the only warranty on the materials or equipment described on the other side of this contract, and there is no other warranty. CONTRACTOR IS NOT RESPONSIBLE FOR PRE-EXISTING CONDITIONS AND MAKES NO WARRANTY WHATSOEVER REGARDING CONDENSATION THAT MAY OCCUR WITH REPLACEMENT WINDOWS OR DOORS. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, GUARANTIES AND LIABILITIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY EXCLUDED. ALL WARRANTIES ARE VOID IF SUMS DUE TO CONTRACTOR ARE NOT PAID IN FULL, OR IF UNAUTHORIZED SERVICE, ALTERATIONS OR ADJUSTMENTS HAVE BEEN MADE TO ANY OF THE WORK.

7. PAYMENTS

7.1 If payments due under this Agreement are not paid in full within thirty (30) days of the date such payments are due. Contractor reserves the right to pursue all appropriate remedies, including stopping work on two (2) days prior written notice.

7.2 If at any time a payment due under this Agreement remains unpaid for a period in excess of thirty (30) days from the date of billing, interest at the rate of one and one-half percent (1.5%) per month (an effective maximum rate of eighteen percent (18%) per annum) will be charged on such past due amounts from the date of billing until the past due amount is paid in full.

7.3 Timely payment of amounts due under this Agreement is a condition of this Agreement. Failure to make payments in full within the tune limits stated above will be considered substantial non-compliance with the terms of this Agreement and will be cause for termination of this Agreement by Contractor pursuant to Section 5.1 if Contractor so chooses.

7.4 In the event a lien or suit is filed by Contractor to collect any amounts owed under this Agreement, Client agrees to pay Contractor's reasonable attorney's fees, plus all costs and other expenses incurred by Contractor in connection with such lien or suit.

8. LIMITATION OF LIABILITY

8.1 CONTRACTOR SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND WHICH RESULT FROM FIRE, FLOOD, STRIKE, THIRD PARTIES, ACTS OF GOD, ACTS OF GOVERNMENT, TERRORISM, ACTS OF AN ALIEN ENEMY OR BY ANY OTHER CIRCUMSTANCES WHICH ARE BEYOND THE CONTROL OF THE CONTRACTOR

8.2 CONTRACTOR'S LIABILITY FOR DAMAGES OF ANY KIND DUE TO BREACH OF WARRANTY. CONTRACT, ERROR, OMISSION OR NEGLIGENCE OR ANY TORT SHALL BE LIMITED TO A MAXIMUM OF THE TOTAL AMOUNT PAID TO CONTRACTOR UNDER THIS CONTRACT. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

8.3 In the event Client desires to make any claim against Contractor, Client shall provide Contractor with written notice of the claim within seven days from the date Client, or its agents, first discovers the claim or the same shall be barred. Any claims against Contractor brought on this contract or in any way arising out of this contract must be filed within one year from the time the cause of action accrued or it shall be time barred.

 

 

 

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