TERMS AND CONDITIONS AGREEMENT BETWEEN
NEW JERSEY ROOFING COMPANY & PROPERTY OWNER
New Jersey Roofing Company LLC, also known as Roof4Roof, 1-Call Restore, Hoboken Roofing Company, Bayonne Roofing and Jersey West Roofing, all of its affiliate companies (herein referred to as NJRC), shall warrant the work as described from date of completion on all labor provided. Any description, detail, alteration, or deviation not found in writing in this Agreement is solely the responsibility of the Property Owner (herein referred to as Owner). The warranty period shall begin on the date of completion of the work of this signed and accepted work proposal. Until such final payment is made, warranty work claims cannot begin. Warranty only applies to work scope and area specifically described in this Agreement.
PROJECT PROVISIONS: Guideline-The project will be constructed to the plans and specifications which have been examined and approved by the Owner. Compliance-the project will be completed as specified, unless otherwise agreed to by both parties. It is Owner’s and/or representative’s responsibility to make final decisions regarding the project (i.e., materials, colors, textures, finishes, fixtures, ventilation, association and/or historical compliance, etc.) accepting all financial and legal responsibility for such. Due to age, weathering, and product availability, we cannot guarantee to match roofing, siding, or accessory colors or products when making repairs. Control-the Agreement, plans, and specifications are intended to supplement each other. In case of conflict, architectural plans will control specifications, and the Agreement will control both. Additional work orders- As described by Owner, a construction lender, public body, or inspector, any alteration or deviation from the specifications that involve extra costs (subcontract, labor, materials, etc.) will be executed only upon payment in full of additional work agreed upon. If after work described herein has begun or is completed, and additional work may be needed to keep warranty valid, that additional work will be completed and charged to the Owner at an additional expense, or warranty period will not begin. Back charges-No back charges or claims for payments of services rendered or materials and equipment furnished by Owner to NJRC shall be valid unless previously authorized in writing by NJRC and unless written notice is given to NJRC within 10 days of the event, which is the basis of the back charge.
FINANCIAL RIGHTS AND RESPONSIBILITIES: Officer approval- NJRC will not be bound to any terms of this Agreement unless and until the Managing Member of the company has personally reviewed and accepted the Agreement. He may cancel, without present or future consequence, within 60 days of Owner acceptance, and any deposited monies will be refunded minus reasonable expenses incurred, not to exceed $500.00. Mistake of fact- Before work begins, if there is a mistake of fact found, NJRC may amend this contract. Upon receipt of such amendment, Owner will have the option to cancel this contract pursuant to cancellation provisions outlined below. An example of a “Mistake of Fact” includes but is not limited to: wrong or improper measurements, prices and materials to be used on the worksite, and calculations concerning cost of labor. NJRC assumes no liability and shall not be liable for any mistakes, omissions, or errors of any employee or corporate officers beyond $500.00. Labor and materials- NJRC will provide and pay for all labor and materials, approved by owner, necessary to complete the project, unless otherwise specified. NJRC shall re-execute any work that fails to conform to the requirements of the contract. Taxes, assessments, and charges- Owner will pay for special assessments of all descriptions and charges required by public bodies and utility taxes. Bankruptcy- If either party becomes bankrupt, the other party has the right to cancel this Agreement. Interest- NJRC will charge interest of 2.0% per month (24% annually) on balances due over 10 days. Terms of the payment-Initial deposit is due upon execution of the contract. Second payment is due upon commencement of work, and final payment is due upon completion of work, unless otherwise agreed to in writing.
OWNER’S RIGHTS AND RESPONSIBILITIES: Lien-Failure to pay persons supplying materials or services according to the terms of this Agreement may result in the filing of liens on the affected property, and Owner will accept personal financial responsibility. Insurance- Owner shall maintain property insurance, upon the full value of the entire project, including labor and material furnished by NJRC, covering fire, extended coverage, windstorm, vandalism, and theft. Money owed to NJRC shall not be withheld, for any reason, for any damage or claim against NJRC covered by any type of insurance. Damage to project-NJRC will not be responsible for any damage caused by Owner or other causes beyond control of NJRC. Owner will pay for any restoration work. Permits-Owner shall obtain or reimburse NJRC for all necessary permits and approvals. No work shall begin prior to all permits and approvals being obtained. Any other requirements deemed by any municipal and/or building officials will be the responsibility of Owner, and all permit fees incurred, including but not limited to building, fire, sidewalk, dumpster, parking, police escort, hazardous testing, etc, are to be paid by Owner. Should NJRC be called upon to perform a warranty service, and it is determined to be an item not covered under the warranty period, there will be a minimum service charge of $250.00. If such service charge is not paid, then the remainder of the warranty will be voided. New flat roof installation-It is Owner’s responsibility, as required by material manufacturer, to demonstrate evidence of routine roof maintenance and inspection logs, to maintain the proposed warranty. NJRC is not responsible for any ponding water whatsoever that does not result in water infiltration. It is Owner’s responsibility to remedy, at their expense, any condition causing the premature deterioration of any installed or existing products or systems. NJRC will not be made to wait more than 72 hours for any work performed by another contractor or anyone authorized by Owner, which will delay completion of NJRC proposed work. A service fee of $300.00 per day plus any other fees incurred may be charged unless otherwise agreed upon by both parties. Owner must supply electricity, water, and adjacent parking within 100 feet of work area. Owner shall provide a safe location for all materials and equipment stored at worksite, being fully responsible for any theft or damage to same. Any work required to make utility connections, including plumbing, electrical, gas, HVAC, cable, satellite, etc., shall be performed by other licensed personnel at Owner’s expense unless otherwise specified. Good faith clause-NJRC assumes building is presently compliant with all current building codes and regulations no matter the year of construction. Any resulting damages or additional expenses incurred due to non-compliance, by today’s current building code standards, is solely the responsibility of Owner. Additional work-Owners should not approach NJRC employees to perform additional work without NJRC management’s knowledge. All additional work must be requested by contacting the NJRC office to ensure work is done in a timely manner and does not void the warranty.
NJRC’S RIGHTS AND RESPONSIBILITIES: Delay-NJRC will be excused for any delay beyond their reasonable control, not to exceed 1 year. Delays may include, but are not limited to, acts of God, labor disputes or shortages, inclement weather, act of public authority, delay in production or delivery materials, or other unforeseen circumstances. The contract cannot be canceled prior to 1 year from date of acceptance without consent of NJRC. NJRC makes no claims concerning start date or completion date of any project unless otherwise agreed upon in writing by both parties. Right to stop work-Failure of Owner to make proper payment to NJRC when due shall entitle NJRC, at its discretion, to suspend all work, including furnishing warranty, until full payment is made. The contract sum to be paid to NJRC shall be increased by the amount of NJRC’s costs of shutdown, delay, and re-start–up. NJRC reserves the right to demand payment in full to resume said work. Insurance-NJRC will maintain workman’s compensation and general liability insurance policies. Abatement-Owner agrees to indemnify NJRC from and against any liability, damages, losses, claims, demands, consequential damages, bodily injury, disease, and/or citations arising out of the presence of asbestos, lead, and/or lead paint, mold, fungus, or any other hazardous material found on worksite before or after the signing of this Agreement. Under no circumstances will NJRC be responsible for expenses, claims, or damages arising from the presence, disturbance, or removal of any toxic or hazardous materials. NJRC shall be entitled to reasonable compensation for all additional expenses incurred as a result of the presence of said materials at the worksite. NJRC is specifically NOT qualified or licensed to determine if mold or any other hazardous material is present. NJRC shall not be liable for any damages for not identifying any mold, fungus, lead, asbestos, mildew, microbe, spore, mycotoxin, or other similar microbial condition or any other type of hazardous toxins at any time. All lumber, framing, sheetrock, plaster, insulation, or any other building page 5 / 6 components in the vicinity of the affected area must be abated or remediated at Owner’s expense. Contract cannot be canceled by Owner if structural, environmental, or required improvement or abatements necessary to complete the agreed-upon scope of work are found, as long as reasonable industry charges and fees are assessed by NJRC.
CONFLICT PROVISIONS: Arbitration-Any controversy, modification, order, sale, performance claims, claims for damages, rescission, or extensions arising out of or relating to this Agreement shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If the parties cannot agree on the place of arbitration, then the arbitration shall take place in Trenton, NJ, at the option of NJRC. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. Any legal claim against NJRC, including claims alleging any breach of this contract or negligence by NJRC, must be initiated no later than 30 days after work has stopped. Attorney fees-In the event that any action is brought to enforce this Agreement, the prevailing party in any arbitration, court proceedings, judgment, or settlement agreement shall be entitled (in addition to any other rights or remedies it may have) to be reimbursed for its expenses incurred, including arbitration costs, reasonable attorney fees, court costs, expert witnesses, travel expenses, etc.
GENERAL PROVISIONS: Notice -Any notice required or permitted under this Agreement may be given by certified or registered mail at the address provided below. Prohibition of assignment-Neither party may assign this Agreement without the consent of the other party. No other Agreements exist. This Agreement can be modified only by written agreement signed by both parties. Governance-This agreement shall be construed in accordance with and governed by the laws of the state in which the project is located. Owner hereby grants to NJRC the right to display signage to advertise at the worksite and to use any testimonial given by Owner to be used in a public forum. Permission is granted to communicate via email any events, promotions, or other communications of any kind. NJRC reserves the right to subcontract any and all work herein agreed to be performed. This Agreement releases NJRC and its principals from any and all liability, claims, damages, judgments, liens, and lawsuits arising from any possible damage caused at any areas that conjoin with neighboring structures. NJRC is in no way responsible for any interior or exterior damages, loss of property, consequences, health effects, loss of income, pain, and suffering, etc., as a result of water infiltration or other damages. This Agreement excludes any component of any kind not replaced by NJRC, including but not limited to, chimneys, dormers, skylights, windows, siding, fans, vents, gutter covers, and snow guards. Other exclusions would be damage caused by fallen trees or limbs, insects, animals, or animal control devices, mold, fire, acts of God (hail, lightning, earthquakes, hurricanes, tornadoes, ice dams, etc.), vandalism, antennas, satellite dishes, weather vanes, solar panels, open windows, doors, hatches, clogged gutters, drains, leaders, lights, ponding water, roof-mounted decks, A/C units, ductwork, lack of regularly scheduled maintenance, wind gusts over 50 mph, gutter heater cables, or any other obstructions/penetrations not mentioned. NJRC is solely responsible for repairing the work performed only by NJRC and is in no way responsible for any resulting or consequential damages. NJRC is in no way responsible for any damage caused by dumpsters or falling debris/materials on or around any driveways, steps, patios, railings, siding, windows, screens, fences, vehicles, structures, decks, or anything else not specifically mentioned. NJRC is in no way responsible for any damage to any mechanical, electrical, lighting, piping, drainage, HVAC lines, communication systems, or any other components in or around contracted worksite. NJRC is in no way responsible for the functioning, maintenance, or resulting efficiency of any ventilation systems or products and cannot be held responsible for any resulting damages or losses to property, structure, contents, or health. NJRC is not responsible for, regardless of cause, any lawn or shrubbery damage due to debris or storage of building materials, any interior sheetrock cracks, nail pops, or any other irregularities, clogged/obstructed chimneys, clogged drain or ventilation systems, any failure in piping/pipe or drain joints, settlement, distortion, failure or cracking of the structure, unevenness of walls or sheathing, failures of any other part of the building or structure, or results of moisture entering at any future date. In the event that the property is sold while still under warranty, only the manufacturer’s warranty is transferable and only once to the first new owner. NJRC is not responsible for removing, covering, or securing any personal contents in attics, garages, or any other location inside or outside of the worksite. Owner agrees to remove or protect any of their property in or around the work area. Owner shall notify occupants and tenants of their responsibility to protect or remove personal property in and around the work area. Owner is aware that construction and remodeling products emit fumes, vapors, and noise. Owner shall be responsible for interior air quality, including controlling mechanical equipment, HVAC units, intake vents, wall vents, windows, doors, and other openings to prevent fumes and odors from entering the building. Owner agrees to hold NJRC harmless from claims of tenants. Owner warrants all structures to be in sound condition capable of withstanding normal construction equipment and operations. Any work performed, directly or indirectly, by others, affecting any areas of repairs or replacement by NJRC will void written or implied warranties. NJRC is not responsible for resulting damages from any building defects; prior, current, or future. NJRC makes no claims to remedy or to make a property ready for sale or rent.
NOTICE OF RIGHT OF RESCISSION (New Jersey Division of Consumer Affairs, Toll-free# 800.242.5846)
YOU (PROPERTY OWNER/REPRESENTATIVE) MAY CANCEL THIS CONTRACT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT YOU MUST EITHER 1.SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED OR 2.PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO (((((((NEW JERSEY ROOFING COMPANY))))))) 520 ROUTE 17 SOUTH CARLSTADT, NJ 07072 (866.921.8004). IF YOU CANCEL THIS CONTRACT WITHIN THE 3-DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY. REFUNDS MUST BE MADE WITHIN 30 DAYS OF RECEIPT OF THE CANCELLATION NOTICE.