PAYMENTS
1
Payment is due in full at the LTR office in Abilene, Texas upon completion of the work. For the work that will extend more than 30 days on site, payment for materials used and work completed is due and payable on the tenth (10th) day of the month following the month in which the work was performed or materials delivered to your site. LTR will invoice you approximately monthly but, your total payment obligations shall not be diminished or released in the event that you do not receive an invoice.
2
Payments that are not received by LTR within five (5) calendar days of the due date are deemed in default and shall bear interest from the date due at the lesser of 15% per annum or the maximum rate of interest permitted by law. In addition to principal amounts & interest owed, you agree to pay LTR reasonable collection costs, including attorney fees & filing fees, if our office places any amount in default for collection.
Be safe - Avoid Hazards to You and Your Property
3
Roofing work involves construction and demolition and can result in falling debris. You agree not to enter or permit guests or invitees to enter under the work area while work is ongoing. LTR is not responsible for injuries to you or your guests who enter the work area.
4
Replacing your roof is a dirty job. Dust and debris may enter your house and attic during the process. Use care in lowering your attic stairs after re-roofing to avoid any overlooked debris that may fall.
5
Your landscaping is important to us and we will try to avoid damage, but some damage may occur during roof tear-off and construction. You agree that we are not responsible for damage to landscaping resulting from normal construction activities.
6
You agree to provide LTR and material distributors unobstructed access to your driveway while work is in progress. The equipment and materials used in replacing a roof are heavy. You agree that LTR is not responsible for driveway and curb damage that results in compression, or inadequate support of your driveway and curbs
Construction Matter not Included
7
Replacing a roof frequently exposes pre-existing structural problems. You agree that repairing preexisting structural problems is not part of this contract and LTR is not obligated to make such repairs. The appearance of pre-existing deflections from sagging rafters or trusses may be accentuated by a new roof system and you agree that LTR is not responsible if this occurs.
8
Building codes and good practices require that air conditioning, water, and electric lines and pipes be located a safe distance below roof decking. You agree that LTR is not responsible for nail penetrations to air conditioners, water or electric lines or pipes that are located less than 3” below the bottom surface of the roof deck or any resulting damages.
9
Properly installing a new roof may (and frequently does) require the removal and replacement of existing flashing. During installation, siding adjacent to the flashing that is old, worn and deteriorated may break, crack, or tear. You agree that LTR is not responsible for any consequential damage to siding resulting from replacing flashing.
10
Removing and replacing an old roof creates vibration that may be transmitted through out the house. You agree to remove items hanging form inside walls, soffits, and ceilings. You agree that LTR is not responsible for damage caused to or by falling items.
11
It may be necessary or prudent to remove roof-mounted equipment (e.g., satellite dishes, antennas, solar panels, weather stations, etc.). You agree to have roof mounted equipment removed and re-installed/adjusted at your cost. LTR may remove such equipment if you do not, but will have no obligation to reinstall or align the equipment, including satellite dishes.
12
You agree to retain qualified, licensed electrician to disconnect and connect electrical accessories (e.g., powered vents) attached to the roof. Our installers are not licensed electricians.
13
Replacement of deteriorated decking, fascia boards, roof jacks, ventilators, flashing, or other materials, unless otherwise specifically stated on the front of this contract, is not included in the contract. LTR is not obligated to perform such work, unless you and LTR make separate written agreement if such work is necessary to protect roof or insure the roof’s integrity. You agree that LTR is not responsible for work performed by other contractors.
WARRANTY AND LIMITATIONS
Please cooperate. We want you to be a satisfied customer. We warrant that our installers will perform their work in a good and workman-like manner and that our roof will be free of leaks caused by defects in our installer’s workmanship for the time stated on the face of this contract. We will provide labor to repair roofing systems components we install but our liability is limited to performing such repairs. This warranty applies to completed repair work, but only as to the roof area where LTR performed the repair. If you sell the house during the warranty period, extended warranty periods may be available to the new owner subject to agreement in writing by LTR and the new owner and payment of a fee for such extended warranty.
Roofing materials are separately warranteed by the manufacturer. LTR will transfer all such warranties to you upon payment in full. You agree to complete the manufacturer’s warranty documentation and submit it to the manufacturers.
In writing you agree to notify us within 72 hours of discovering a leak and to take reasonable immediate actions to prevent further damage. LTR will send a representative to any reported leak. Multiple inspections may be necessary to determine the cause of the leak. You agree to cooperate with such inspections by providing workers reasonable access at reasonable times to the interior and exterior of your property to investigate a leak.
You release LTR from and agree not to pursue claims against LTR for environmental conditions, including (but not limited to) the presence of mold, claimed to be caused or worsened by moisture, leaks, or water even if such conditions are claimed to be caused by any negligence of our office or installers.
You agree that LTR is not responsible for damages from fire, windstorm, hail, tornados, hurricanes, or other hazards to work in progress or completed work, even if it occurs during the warranty period,You agree to maintain in force a policy of Homeowner’s insurance covering casualty to your property from such conditions. LTR limited warranty does not apply to damage or to repairs resulting from any of the foregoing events & LTR shall have no obligation to repair or replace roof components damaged by such events
CANCELLATION AND ASSIGNMENT
You may cancel this contract and pay only any applicable restocking fee if you do so by delivering written notice to LTR at the address on the front of this contract on or before the THIRD BUSINESS DAY after you sign this contract. If you cancel this contract later than the third business day after you sign the contract but before LTR commences the work, you agree to pay LTR, in addition to any applicable restocking fee, liquidated damages and any and all damages set fourth under Texas Law, attorney’s fees and court costs; and you agree to damages calculated under the benefit of the bargain. This contract, including the limited warranty,is non-transferable and you may not assign or delegate any of your contract rights or obligations. There are not third party beneficiaries intended in making this contract.
DISPUTE RESOLUTION
All legal proceedings will be resolved in any competent court of jurisdiction in Taylor County, Texas.
This contract may only be modified in writing signed by both you and LTR. Neither party is relying on any statements or representations, oral or in writing, not expressly written in this contract, all such statements and representations being immaterial and not surviving execution of this contract. This contract is performable and shall be governed and enforced.
