1. CANCELLATION OF CONTRACT:
Customer shall have the right of rescission of this contract until midnight of the third day after the date hereof which right shall be exercised by written notice to Contractor of Customer’s election to rescind.
This Contract is subject to approval by contractor’s management, which reserves the right to reject a contract for any reason. Any completed contract, signed by Customer and Contractor’s representative shall be considered a proposal only until the same shall have been accepted and approved by management.
After acceptance by Contractor’s Management and expiration of the Customer’s 3-day right of rescission, since Contractor will take steps to mobilize for performance of the contract and will expend funds, Customer may cancel this contract only upon payment of an administrative fee equal to 20% of the total cost of the job as agreed.
If Contractor, at the behest or with the consent of Customer, shall have been active or instrumental in securing an insurance appraisal acceptable to Customer for the work to be performed, and, after such appraisal is secured, Customer requests to cancel this contract, such request to cancel shall be accompanied by Customer’s payment to Contractor of an amount equal to 10% of such insurance appraisal.
Customer agrees to make this payment to compensate Contractor for its services provided in securing such insurance appraisal in case Customer cancels the contract and thereby does not allow Contractor to perform the work.
If this cancellation occurs after acceptance by Contractor’s Management and the expiration of Customer’s 3-day right of rescission, Customer agrees to pay to Contractor both the 20% administrative fee and the 10% compensation for services provided, as are described herein.
This contract would not have been entered into by Contractor without this explicit agreement on the part of Customer.
No request or demand by Customer for cancellation of this contract shall be effective unless sent certified mail, return receipt requested, and directed to the address of Contractor on the reverse hereof and enclosing payment, by a certified check, of the amounts described above.
Once work on Customer’s roof shall have commenced and any materials have been installed in the structure, this contract shall not be cancellable by Customer except upon payment of the full amount provided for herein.
2. ENTIRE AGREEMENT:
Any representations, understandings or other communications not written in this contract are agreed to be immaterial, are not binding upon either party, and do not survive the execution of this contract.
Any changes or additions to this contract must be in writing, set out as an addendum, and signed by both parties.
3. OTHER REPAIRS NECESSARY:
Replacement of deteriorated decking, fascia boards, roof jacks, ventilators, flashing, metal edging or other materials, unless stated in this contract, is not included and will be charged extra on a time and material basis over and above the original contract price.
4. DAMAGES TO UTILITY LINES:
Contractor is not responsible for any damaged gas or other utility lines or pipes that are improperly placed within 3 inches of the roof decking or otherwise in violation of the Building code, and Customer agrees that he shall not seek to hold Contractor liable for any damages, injuries or losses occasioned therefrom.
5. CONTRACTOR’S RIGHT TO SUPPLEMENT:
Without regard to whether the work herein provided is priced at the “insurance allowance” or a “contract amount,” Contractor reserves the right to file the Customer’s insurance for a supplemental claim if necessary based upon any increase in cost of materials or labor between the time the contract was entered into and a the time such labor and materials were supplied or installed, and any such supplemental amount allowed by the insurance company shall be paid over to Contract the same as if such amount were included in the “insurance allowance” “contract amount” from the beginning.
Under no circumstances shall Customer be liable for such amounts unless approved and paid for by the insurance company.
6. DELAYS:
Customer accepts that there may be delays caused by weather or other acts of nature or government, labor disputes, material shortages, or insurance approval which may cause inconvenience to Customer, and agrees that Contractor shall not be liable for any loss or damage resulting from such delays.
7. ACCESS TO PREMISES:
Customer agrees to grant full access to the property for staging and execution of work, including but not limited to water and electricity.
8. CONTRACTOR’S NON-LIABILITY:
Contractor is not liable for any situations arising from improper preparation on behalf of the Customer.
9. CONTRACTOR’S WARRANTY:
Contractor’s warranty provided herein is contingent upon Customer’s full payment of the invoice within ninety (90) days of completion.
The warranty begins to fun from the date of completion of the work hereunder, but is not in effect until this contract has been paid in full.
10. MANNER OF MAKING PAYMENTS:
For the Customer’s protection, all payments to the Contractor, if by check, shall be payable to META Roofing LLC, and under no circumstances shall Customer make any check payable to an individual, to another contractor, sub-contractor, or any other firm name.
Cash payments are strongly discouraged, and if Customer desires to make a payment on this contract in cash, such payment shall only be made to Contractor’s office shown on the reverse, to the office Manager thereof, and with receipt demanded and received for such cash payment.
Customer shall remain liable to Contractor for any sums or amounts paid on this contract in violation of this provision.
Payments are not contingent on mortgage inspection and city inspections.
11. CUSTOMER’S PAYMENT OF NOTICE:
The full amount of the invoice for work described under this contract shall be due upon receipt by Customer of insurance proceeds, but in no event later than 30 days after completion of such work by Contractor.
Any coupons, discounts, allowances or concessions of any nature whatsoever, promised or provided to Customer, whether or not shown on this Contract, shall expire 30 days after the date of Contractor’s invoice if Contractor shall not have then been paid in full by Customer.
12. SETTLEMENT OF DISPUTES:
In the event any dispute shall arise between the parties to this contract, Customer and Contractor agree that final and binding arbitration under the rules of the American Arbitration Association shall be the sole and exclusive means of resolving such dispute, with all expenses of such arbitration divided equally between Customer and Contractor.
A single arbitrator shall be selected by agreement between the parties from among a list of qualified arbitrators provided by the American Arbitration Association, and if the parties cannot agree upon a single individual, they shall ask the American Arbitration Association to nominate the arbitrator, which choice shall be final.
Nothing in the foregoing shall limit Contractor’s right to file a mechanics or materialman’s lien and thereafter to file any necessary action for enforcement and foreclosure of such lien if Customer shall fail or refuse to pay Contractor’s invoice within 60 days after completion of all work under this Contract.
13. CASH DISCOUNT:
The “Insurance Allowance” or “Contract Amount” on the reverse hereof, and all other prices stated herein are the “cash discount price” and should be paid with cash or check.
If the Customer desires to pay amount due hereunder with credit card, the cash discount will not apply.