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Terms and Conditions

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The following Terms and Conditions are incorporated into and made a part of the Proposal from Ruff Construction LLC, d.b.a. Ruff Roofing (“Contractor”) and, once the Proposal is accepted by You, as owner, general contractor, contractor, manager or agent (collectively, the “Owner”), the Contract between the parties (the “Contract”) to perform the work (“Work”) described therein. No hand-written terms or conditions made to or inserted in the Contract by any person, including the Owner or the person signing the Contract on behalf of the Owner, are or become a part of the Contract unless approved and countersigned in writing by the Contractor. The Contract and these Terms and Conditions represent the entire and integrated Contract between the parties hereto and supersede all prior negotiations, representations, advertisements, or Contracts, either written or oral. The Contract and these Terms and Conditions are the only documents describing the Work and establishing the rights and liabilities of the parties and no other document or understanding or course of dealing apply to the interpretation of the Contract. The Contract and these Terms and Conditions represent the final Contract between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral Contracts of the parties. There are no unwritten oral Contracts between the parties. The Contract and these Terms and Conditions cannot be amended except by Contract in writing signed by the party against whom enforcement of the amendment is sought.

Cancellation

The Owner may cancel this contract within 3 days of the signature date without penalty.

If the Contract is cancelled after the 3 days from signature date, Customer is liable for 15% of the total Contract price as liquidated damages, because Contractor is unable to accurately measure its damages for the cancellation of the Contract. Customer and Contractor agree that this amount is not a penalty. Contractor reserves the right to withdraw this proposal at any time prior to its acceptance or cancel this Contract prior to work start to be performed in the event the cost to complete the work varies from the initial standard pricing due to a typographical or mathematical error.

  1. The Owner warrants that it is the owner of the property or is the owner's duly authorized property manager; that it is authorized to enter into this Contract; and that the Contractor is permitted to enter upon the property and to perform the Work.
  2. This proposal is subject to change without notice and is automatically withdrawn on the 15th day following its date of issue if not accepted in writing and a copy of this proposal returned to Contractor.
  3. The Owner is entitled to a copy of this contract at the time of signature.
  4. Upon signature of Owner and Contractor this proposal becomes a binding contract and is the entire contract between parties. All change orders shall be in writing and signed by the Owner.
  5. Contractor shall obtain all licenses and permits necessary for the work to be performed at the owner's expense.
  6. Warning: Roofing operations are at times noisy and may cause unavoidable vibrations. Owner should protect or remove any valuables which might be dislodged from walls, shelving or ceilings and calm or relocate pets as needed during the roof installation.
  7. Contractor may, at its discretion, engage subcontractors to perform work hereunder, provided Contractor shall fully pay subcontractor and in all instances remain responsible for the proper completion of this contract.
  8. Owner shall supply water and electricity as needed and provide suitable access to the property. Contractor assumes no liability for cracks to driveways, sidewalks, or for damages to landscaping. Contractor will take precautions to minimize these potential problems. If necessary, tree trimming is the Owner's responsibility (unless otherwise stated in this contract).
  9. Contractor shall not be liable for any delay due to circumstances beyond its control, including strikes, casualty, or unavailability of materials and inclement weather. If roofers are unable to access the property at the pre-scheduled time, there will be an additional rescheduling fee of $75.00
  10. Contractor will take reasonable care to disconnect any mechanical equipment that must be moved during the roofing work. Contractor is not liable for failure of the equipment to operate properly after reinstallation, including but not limited to air conditioners, swamp coolers, duct work and stands, P.V.C. and water lines, solar units, skylights, pest control devices, satellite dishes and realignment of same.
  11. Because ponding and standing of water are caused by factors such as inadequate drainage, deflection and insufficient slope which are beyond the control of Contractor, the Contractor shall not be liable for ponding or standing of water on the roof.
  12. The weight, thickness, color, and other qualities of materials are approximate and are subject to normal industry variation. This proposal is based on a complete job; surplus materials remain the property of Contractor and will be removed in a timely manner.
  13. Upon completion of the work, the Owner may inspect the work. If it is deemed unsatisfactory, the Owner may inform Contractor. Final payment or failure to inspect within 3 days constitutes acceptance.
  14. Payment is due upon completion of the job. Owner shall pay the final balance upon issuance by Contractor to Owner of a Certificate of Completion. If payment has not been made within 10 days of billing, a late penalty of 10% of the unpaid amount will apply. Finance charges of 1.5% will be assessed after 10 days and each 30 days thereafter.
  15. Contractor accepts VISA and MasterCard for payment. However, an additional 3% charge applies to such transactions.
  16. The warranty is solely for the benefit of the Owner. Please contact Contractor to discuss warranty transfers. In order to transfer a warranty, a fee of $250 is to be paid.
  17. Contractor's warranty is limited to repairing and replacing the roofing material only. Excluded from this warranty are interior damages to the building or its contents including damages caused to the roof by others, or fire, or by Acts of God.
  18. In no event shall Contractor be liable for special, consequential, or indirect damages. Contractor's total aggregate liability is limited to the dollar amount of the Contract.
  19. Contractor shall not be held liable for drywall, plaster, or stucco cracking caused by change or additional weight during or after roofing or repair.
  20. If any provision of this contract is deemed invalid or unenforceable, the enforceability of the remaining provisions will not be affected.
  21. In the event of a dispute that cannot be resolved through negotiation, parties agree to submit the dispute to binding, non-appealable arbitration in Harris County, Houston, TX.
  22. To obtain performance of any warranty obligation the contract must be paid in full; then the Owner must notify Contractor of any repairs required through certified mail.
  23. If another company causes damage to a roof or a roofing company performs work on a roof that Contractor has originally done work on, it will immediately void the original warranty from Contractor.

Insurance Claims

  1. Should the Owner's insurance company issue a supplemental claim for additional work or materials, the Owner agrees to pay the Contractor for any additional work performed at the supplemental claim rate approved by the insurance company.
  2. The Owner is responsible for contacting their insurance company regarding any claim-related issues. The Contractor will provide documentation and assist with the claims process but is not responsible for the outcome of any insurance claim.
  3. Any documentation provided by the Contractor to the Owner or the Owner's insurance company is for informational purposes only and does not constitute a guarantee of coverage or payment by the insurance company.
  4. Wood replacement, if needed, will be charged at the rate specified in the Contract or at the prevailing market rate if not specified. The Owner is responsible for any costs not covered by insurance.

Tile

In the event of tile replacement, the Contractor will make reasonable efforts to match the existing tile in color, style, and size. However, due to manufacturing variations and discontinuation of certain tile lines, an exact match cannot be guaranteed.

Hazardous Materials

The Contractor is not responsible for the discovery, handling, removal, or disposal of hazardous materials, including but not limited to asbestos, lead paint, mold, or any other toxic substances. If hazardous materials are discovered during the course of the Work, the Contractor reserves the right to stop work and require the Owner to engage a qualified specialist for remediation before resuming the Work. Any additional costs resulting from the discovery of hazardous materials shall be the responsibility of the Owner.

Contractor reserves the right to add an addendum to this contract at any time.