TRUEWORKS ROOFING, TERMS & CONDITIONS

INTRODUCTION AND GENERAL TERMS


The following Terms and Conditions are integrated into the Proposal from TrueWorks Roofing Company (hereinafter referred to as "Contractor") and, upon acceptance by you, as owner, general contractor, contractor, manager, or agent (collectively, the “Owner”), constitute the Agreement between the parties (the “Agreement”) to execute the work (“Work”) as described therein. The Agreement and these Terms and Conditions supersede all prior negotiations, representations, or agreements, either written or oral, and represent the complete and exclusive statement of the terms between the parties regarding the Work. Amendments or modifications to this Agreement are binding only if in writing and signed by both parties.

  • The Owner warrants they are the authorized party to enter into this Agreement and allow the Contractor access to the property for performing the Work.

WARRANTIES AND QUALITY ASSURANCE


The Contractor guarantees that the Work will be conducted in a professional manner, adhering to industry standards. All materials and equipment provided under this Agreement will be new unless otherwise specified. The Contractor warrants the quality of the Work against faults and defects for six months from the date of substantial completion, excluding any defects caused by abuse, alterations, or improper maintenance. The Owner must notify the Contractor in writing of any defects within this warranty period for rectification.

PAYMENT, PRICING, AND DELAYS


  1. The Owner agrees to pay the Contractor on a monthly basis for work performed and materials delivered, within 10 days following the receipt of the Contractor’s invoice. The final balance is due upon issuance of a Certificate of Completion by the Contractor. Late payments will incur a monthly interest of 1.5% on the outstanding amount, compounded monthly.
  2. Any changes from the initial plans or specifications required by public offices, or due to hidden defects discovered during the Work, will constitute an additional cost to the Owner, to be confirmed and paid to the Contractor. All changes will only be carried out upon a written change order signed by both the Owner and Contractor.
  3. If the Owner causes delays to the Contractor’s performance, or if the Work is delayed or hindered due to unforeseen circumstances beyond the Contractor’s reasonable control, the price shall be equitably adjusted to cover additional costs and expenses incurred by the Contractor.

LIABILITIES, INDEMNIFICATION, AND MISCELLANEOUS PROVISIONS


  1. The Owner shall indemnify, defend, and hold harmless the Contractor from any claims, damages, or liabilities arising from the Owner's negligent acts or omissions.
  2. In emergencies threatening the safety of individuals or property, the Contractor is authorized to take necessary actions to prevent damage or loss, with reasonable costs incurred to be covered by the Owner.
  3. The Owner will maintain necessary insurance coverages including general liability insurance, while the Contractor will ensure that its workers are covered by workman’s compensation insurance.
  4. This Agreement shall be governed by the laws of the state where the project is located, and any disputes arising out of this Agreement shall be resolved in the courts of the same state.
  5. Any concealed or latent conditions discovered during the Work that significantly affect the cost or duration of the project shall entitle the Contractor to an equitable adjustment in the contract price and/or time.
  6. Provisions in this Agreement found to be unenforceable will not affect the validity of the remaining provisions.

Special Notes and Exclusions:

  • The Contractor will maintain a clean and safe work environment, ensuring proper disposal of construction debris upon completion of the Work.
  • Contractor is not liable for repairing roof penetrations caused by parties other than Contractor.
  • The Owner is responsible for disclosing any hazardous conditions or subsurface obstructions prior to the commencement of Work.
  • Any other terms or conditions not expressly stated in this Agreement shall be discussed and agreed upon in writing by both the Owner and Contractor.
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