TERMS AND CONDITIONS

1. Incorporation by Reference

1.1. All terms, provisions, and agreements set forth in these Terms and Conditions are thereby incorporated into that Agreement between Customer and Viotell Roofing, LLC (“Contractor”) as of the Effective Date of that Agreement.

2. Engagement; Scope and Standard of Services

2.1. Subject to the terms of these Terms and Conditions, Customer agrees to engage Contractor to perform the services initialed in the description of services in the Quote, and any related services that Contractor and Customer may mutually agree (Services).

2.1.1. Any additional work not listed on the Quote will be charged at $75.00 per man hour plus supplies and may include supervisor oversight at $85 per hour.

2.1.2. Any snow removals done throughout the duration of the Project will be charged at $75.00 per hour per man rate.

3. Compensation for Services

3.1. Contractor shall be paid as set forth in the Quote except as otherwise described in this Agreement. Invoices will be due upon receipt by Customer and will be considered past-due after seven (7) days. A service fee of 1.5% will be assessed on all past-due amounts. Should collection or legal action become necessary in order to resolve a dispute, the prevailing party shall be entitled to recovery of reasonable attorney fees and costs.

3.2. Due to fluctuating costs of materials, the Total proposed is only an estimate. If there is an increase, a change order will be submitted for the increased price in materials at the time of commencement. See Proposal Pricing date on the front page for pricing validation timeframe.

3.3. 55% of the Quote total price will be due upon execution of the Agreement prior to the commencement of work. The remaining balance of the Quote total price will be due upon completion of the work outlined in the Quote.

3.4. If this Agreement is terminated by Customer after the Effective Date but before the project begins, the Contractor shall be paid the cost of any materials purchased and any applicable restocking fees.

3.5. If the contract is canceled after work has commenced at the home or business, Customer agrees to pay for all materials purchased, any applicable restocking fees, and any labor hours performed by Contractor at the Project site ($250.00 per man/per hour).

3.6. Ownership of Materials; Excess Materials. Unless otherwise expressly stated in writing, any materials purchased for the Project, whether delivered to the Project site or stored off-site for the Work, are procured based on estimated quantities that account for waste factors, cutting loss, breakage, manufacturer packaging requirements, field conditions, sequencing, and other reasonable contingencies. Quantities ordered may exceed the precise amount ultimately installed. Any materials not incorporated into the completed Work (“Excess Materials”) shall remain the sole property of Contractor. Customer acknowledges that payment for the Project does not entitle Customer to ownership of unused or surplus materials, and Contractor shall have no obligation to credit, return, or transfer ownership of any Excess Materials not incorporated into the Work.

4. Customer Obligations

4.1. Customer shall:

4.1.1. cooperate with Contractor in all matters relating to the Services and appoint a Customer employee, or serve themselves to serve as the primary contact with respect to this Agreement and who will have the authority to act on behalf of Customer with respect to matters pertaining to this Agreement (Contract Manager);

4.1.2. respond promptly to any Contractor request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Contractor to perform Services in accordance with the requirements of this Agreement;

4.1.3. provide such information as Contractor may request in order to carry out the Services, in a timely manner, and ensure that it is complete and accurate in all material respects.

4.2. Customer assumes the responsibility for the accuracy of verbal orders unless written confirmation is received prior to fabrication. Confirming orders should be marked “Confirming Order – Do Not Duplicate”.

4.3. Removing or replacing or both removing and replacing an old roof creates vibrations that may be transmitted through the house. YOU AGREE TO REMOVE ITEMS HANGING FROM INSIDE AND OUTSIDE WALLS, SOFFITS, AND CEILINGS. You agree that Contractor is not responsible for ANY damages caused due to the installation or by falling items, such as light fixtures, Smoke detectors, etc.

4.4. It may be necessary to remove roof-mounted equipment. You agree to have it removed and reinstalled/adjusted at your cost. Contractor may remove roof-mounted equipment if you do not remove it before the Service is provided, but Contractor will have no obligations to reinstall or align any equipment. Nor will Contractor be held liable for any damage caused in the removal of roof-mounted equipment, whether negligent or not.

4.5. You agree to retain a qualified, licensed electrician to disconnect/reconnect accessories attached to the roof. Our installers are not licensed, electricians.

4.6. You agree to notify us within 72 hours of discovering any leaks and take reasonable and immediate action to prevent further damage. Contractor will send a representative to inspect the damage. You agree to cooperate with such inspections.

4.7. Replacement of deteriorated decking, fascia boards, roof jacks, ventilation, masonry work, or other material is not included unless written into the contract.

5. Term Termination

5.1. This Agreement shall commence as of the Effective Date and shall continue thereafter until the completion of and payment in full for the Services unless sooner terminated by either party by written notice to the other party. Contractor shall have no further obligations after the date of termination of this Agreement. However, Contractor shall be given a thirty (30) day grace period to correct any deficiency in the Services that may cause the Customer to terminate this Agreement. Upon the termination of this Agreement, the parties shall cooperate with each other to conclude an orderly termination of their relationship and transition of all Services in progress and pay all outstanding amounts owed.

6. Testing and Destructive Investigation

6.1. If Customer, Owner, Architect, Consultant, or any other party acting on Owner’s behalf requests testing, destructive investigation, exploratory openings, core samples, removal of completed Work, or other investigation to determine whether Contractor’s Work is defective or nonconforming, Owner shall initially bear all costs associated with such investigation, including testing, consultants, access, removal, protection, and restoration.

6.2. If the investigation establishes that Contractor’s Work materially fails to comply with the Contract Documents and that such noncompliance caused or contributed to the condition being investigated, Contractor shall reimburse Owner for the reasonable and necessary costs of the investigation and shall correct the nonconforming Work as required by the Contract.

6.3. If the investigation does not establish such noncompliance, Contractor shall have no responsibility for the investigation or restoration costs, and any Contractor labor, materials, equipment, supervision, delay, disruption, remobilization, or restoration associated with the investigation shall constitute a Change in the Work entitling Contractor to an equitable adjustment of the Contract Sum and Contract Time.

7. Representations and Warranties

7.1. Each party represents and warrants to the other party that:

7.1.1. it is duly organized, validly existing and in good standing;

7.1.2. it has the full right, power and authority to enter into this Agreement, to grant the rights granted hereunder and to perform its obligations hereunder;

7.1.3. the execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of the party; and

7.1.4. when executed and delivered by such party, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms.

7.2. Customer represents and warrants that they have title to the equipment being repaired or maintained or are otherwise authorized to have Contractor complete the Services on the equipment.

7.3. Contractor is not responsible for any damage due to faulty snow retention systems due to Non-engineered plans.

7.4. Contractor is not responsible for any damage once work has commenced, through duration upon completion – that is caused by another contractor