Terms & Conditions
ADDITIONAL TERMS & APPROVAL PROCESS The terms of this Agreement (hereinafter referred to as the “Agreement”) are subject to the management approval of ULTIMATE Roofs (hereinafter referred to as the “Company”). Purchaser acknowledges, agrees, has reviewed and understands the terms and conditions of this Agreement in full. Only the specified written material, agreed to by both Company and Purchaser, shall survive the execution of this Agreement. Any additional terms to this Agreement must be in writing, and will be subject to the approval of ULTIMATE Roofs.
PAYMENT Payments shall be made upon the following terms: Purchaser’s job will be scheduled when ULTIMATE Roofs receives a minimum deposit that includes the deductible and ACV amount or a specified amount noted on the front of this contract. The remaining balance of the Agreement, including any additional costs provided for under an Additional Work Authorization(s), will be come due upon completion of the project. Purchaser acknowledges that ULTIMATE Roofs will not be required to start labor until initial payment has been received. If any required payments by this Agreement are not received by the specified due date, ULTIMATE Roofs has the right to discontinue any labor without notice to the Purchaser. Payments not received by due date will incur interest at a rate of 1% per month. The Purchaser further acknowledges that Purchaser will be responsible for any legal fees and/or collection costs incurred by ULTIMATE Roofs for payment recovery costs (including, but not limited to: preparation and filing of any liens against the property, attorney fees, payments owed to a collection company.)
INSURANCE Purchaser’s insurance will remain effective until this services under this Agreement are completed, Purchaser agrees not to hold ULTIMATE Roofs liable for any incidental damages and/or injuries incurred that were not a result of gross negligence of ULTIMATE Roofs, prior to, during, and after the completion of the scope of project.
LABOR WARRANTY This signed contract agreement is accompanied by ULTIMATE Roofs’ Labor Warranty assuring craftsmanship. This Labor Warranty will not include repair to roofs if the damages are caused by nature and/or natural/man-made disasters such as lightning, gale force (50+mph) winds, hurricane, tornado, hail storm, ice dams, including any pre-existing conditions, impacts by foreign objects, or other cracking/shifting of the roof deck, walls, drywall, plaster, loosening paint or settling of the foundation of the building, due to vibration, or other forces. The Labor Warranty is transferable to one homeowner, unless an exception is made in writing. Labor Warranty will not begin or be provided until ULTIMATE Roofs receives payment in full. Warranty is void if any one, business, entity, other than the homeowner, meddle, interfere or tamper with ULTIMATE Roofs craftsmanship.
LABOR & MATERIAL Any labor or material changes will be made in writing with an additional document signed by ULTIMATE Roofs and the Purchaser. ULTIMATE Roofs will make reasonable efforts to notify the Purchaser of any required changes. Purchaser agrees that in the event ULTIMATE Roofs cannot contact the Purchaser, and the work required is necessary to preserve the Property, an additional document will not be signed before the necessary changes are made. In such cases, ULTIMATE Roofs will be permitted to make the necessary changes and then obtain signatures on the Additional Work Authorization. If the necessary changes are not covered under an insurance policy, the Purchaser agrees to make payment for the cost of any changes in labor, plus the 10% overhead and 10% profit for scheduling and coordinating any and all trades.
DRIVEWAY & AREA ACCESS Purchaser agrees to permit ULTIMATE Roofs, and the companies that will supply ULTIMATE Roofs materials, access and use of Purchaser’s driveway for delivery and storage. Use of the driveway will include storage of truck, trailer, and/or dumpster before, during, and after the construction process. ULTIMATE Roofs will not be held liable from cracking and/or settling of driveway or damage caused to vehicles, boats, trailers, equipment, etc. parked within the work area during the entire phase of the construction process. As such, Purchaser agrees to make reasonable accommodations to ULTIMATE Roofs to allow access and remove property from the work area. ULTIMATE Roofs will not be held responsible for the following delays: changes in work, acts of God or delays outside of ULTIMATE Roofs’s control, anything done or not done by Purchaser, or anyone hired/employed by Purchaser.
ADDITIONAL WORK & ADDITIONAL MATERIAL ULTIMATE Roofs is not responsible for providing any material or performing any work outside of the scope of the original Agreement. If deemed necessary, the replacement of deteriorated decking, fascia boards, ventilators, flashings, or other materials will be charged as an additional cost. Additional work will be performed after a signed Additional Work Authorization is completed. ULTIMATE Roofs will replace any rotten or deteriorated decking with approved grade OSB sheathing if existing substrate material requires such replacement. A replacement charge of $3.50 per square foot with a minimum of 32 square feet will be added to the final invoice. Newly installed shingles will conform to the existing surface and will only replace rotted or deteriorated decking. ULTIMATE Roofs will not be held liable for wavy or uneven existing deck/substrate materials, or high rafters, unless specified in writing. ULTIMATE Roofs will only replace to the same specification of the existing ventilation systems, unless otherwise specified in this contract. ULTIMATE Roofs will not be held liable for any damages incurred from improper ventilation systems. ULTIMATE Roofs has the right to order excess materials. All extra materials belong to ULTIMATE Roofs. Purchaser will supply electricity to perform the labor process.
RIGHT TO CANCEL The Purchaser has the right to cancel this Agreement by providing ULTIMATE Roofs with written notice. Written cancellation must be received by ULTIMATE Roofs office prior to midnight of the third business day following the execution of Agreement. If cancellation notice is not received within the time frame permitted by law, Purchaser agrees to pay ULTIMATE Roofs 30% of the contract price (non-penalty) for liquidated damages, and ULTIMATE Roofs will agree to accept such reasonable amount as compensation for the cancellation.
EXPIRE DATE This Agreement will expire sixty (60) days from the contract date, unless extended and/or stated in writing by ULTIMATE Roofs. After sixty (60) days, ULTIMATE Roofs reserves the right to revise the price in accordance with service and labor costs then in effect.
PROPER INSTALLATION ULTIMATE Roofs will implement extra charge(s) if siding, stucco, brick removal, or replacement is needed for proper installation of the contracted scope of work described in this Agreement. If ULTIMATE Roofs is required to remove or modify current materials, ULTIMATE Roofs will not be liable for damages.
PERMITS & CODE UPGRADES In some circumstances, code upgrades are necessary for proper restoration of the project and are required to maintain proper licensing. ULTIMATE Roofs has the right to bill your insurance company directly for any municipal or building code upgrade required. Upon receipt by the Purchaser, funds are to be forwarded directly to ULTIMATE Roofs for processing. ULTIMATE Roofs will provide all necessary building permits
SUPPLEMENTAL LABOR & MATERIAL ULTIMATE Roofs reserves the right to file for a supplemental insurance claim due to an increase in costs, work order, or incorrect insurance scope filed by an adjuster. Purchaser will not be charged extra for the preparation of any supplemental claim. Any supplements paid by the insurance company for additional labor and/or materials needed beyond the original scope of work or repairs will be part of this Agreement as if contained herein and paid to ULTIMATE Roofs by the homeowner’s insurance company.
This Contract will be governed by the laws of Nebraska.