1. General. This Roofing Contract (“Agreement”) and all future agreements between Southeastern Roofing Company, LLC (“Company” or “SERC”) and the Customer(s) whose contact information is written above (“Customer”) upon the following terms and conditions of service. This Agreement and any other agreements to be made between the Customer and the Company are subject to approval by the Company’s management and shall not be binding against the Company until approved by the Company’s management.
2. Access. Customer agrees to make itself and its property reasonably available to Company. Customer shall allow Contractor to use electricity and other utilities at the site at no cost.
3. Payment Terms. After the fifth (5th) business day subsequent to signing the Agreement, Customer shall pay 20% of the total Agreement price as a non-refundable down payment (“Down Payment”) unless agreement is terminated. Customer shall have the right to terminate this agreement within 3 business days of the execution of this Agreement (“Cancellation Period”). Should Customer cancel this agreement after the cancellation period, the Down Payment shall not be refunded. By executing this Agreement, Customer and Contractor agree that the retention of the down payment is not a penalty, Contractor expends time and effort preparing for every build and Contractor is unable to accurately measure its damages for termination of the Agreement prior to work start and such is a reasonable pre-estimate of probable loss resulting from such a breach. Insurance Proceeds Payment to Contractor: Contractor agrees to be paid as follows with regard to reasonable time allowance for Customer to receive insurance proceeds from insurance carrier: Customer shall pay (prior to construction commencement) either 1. the Actual Cash Value (ACV) amount received by insurance company PLUS the deductible amount or 2. Minimum 30% of the Agreement amount. After completion of the build the remaining balance owed shall be the total Agreement amount less funds already paid plus depreciation funds received by customer, including any additional costs incurred during the construction process- which may be required by state law, city ordinance, or IRC building code. These monies are due to contractor within 3 (three) business days of receipt of funds by customer from their respective insurance carrier. The foregoing notwithstanding the Customer agrees to fully pay the: total agreement price, the deductible deposit, depreciation and all supplements upon Completion. By executing this Agreement, Customer authorizes Contractor to perform a credit check on Customer. Customer agrees that Company is entitled to receive all insurance monies related to the project disbursed by an insurer for the purpose of completing the project. Customer, hereby, agrees to waive the default interest rate identified in Ga. Code § 13-11-7. Customer shall pay interest at the rate of 1 1/2 % per month (Annual Percentage Rate of 18%), unless otherwise required by law, on the balance of any and all unpaid amounts. Payments received shall be applied first to interest on all outstanding invoices and then to the principal amount of the oldest outstanding invoices. Contractor may lien the property for the amounts unpaid as of the date the lien is recorded. Customer shall pay all of Contractor’s incurred costs and attorney’s fees to prepare and record the lien. Customer shall not withhold any retainage. If Customer fails to pay Contractor in accordance with this Agreement, then Contractor may, at its sole discretion, suspend performance of all work, suspend shipments and/or warranties until full payment is made, and/or terminate this Agreement. If a suspension occurs that is not caused solely by the Contractor, the Agreement sum shall be increased by the amount of Contractor’s costs of the suspension.
4. Site Conditions. If the Contractor discovers concealed or unknown conditions in the existing structure that differ from those conditions ordinarily encountered and generally recognized as inherent in the work of the character identified in this Agreement, then the Agreement amount shall be equitably adjusted upon notice thereof from the Contractor to the Customer. Any upgrades and the replacement of deteriorated decking, ventilators, flashing, or other materials, unless otherwise stated in this Agreement, are not included and will be charged as extra on a time and material basis. The Contractor will not be responsible for the realignment of any satellite dishes attached when the work commences. The Contractor will remove the satellite dish for a fee and replace it upon completion of work, but it will be the responsibility of the Customer to have it realigned.
5. Restrictions and Requirements. Prior to executing this Agreement, Customer shall notify Contractor in writing of all property and deed restrictions and/or covenants that relate to or restrict the improvements contained in this Agreement. Contractor shall not be responsible for work performed that does not comply with or conform to any property restrictions or covenants not disclosed to Contractor in writing prior to the execution of this Agreement. Customer shall pay Contractor for all work performed in violation of any covenant or restriction if Customer failed to notify Contractor in writing prior to executing this Agreement.
6. SERC Preparations and Precautions Guidelines: Customer agrees to abide by and be bound to the SERC’s preparation and precautions guidelines as posted here: https://www.southeasternroofing.com/wp-content/uploads/2020/11/SERCPreparationsPrecautions.pdf.
7. Choice of Law, Venue and Attorney’s Fees. This Agreement shall be governed by the laws of the State of Georgia. Venue of any proceeding arising out of this Agreement shall be Fulton County, Georgia. The losing party in any legal or equitable action arising out of or relating to this Agreement including, arbitration administrative, appellate and/or bankruptcy proceedings shall reimburse the prevailing party for all attorney’s fees, costs, and expenses incurred by the prevailing party in connection with the action.
8. Termination by Contractor. Contractor may terminate this contract at any time prior to the commencement of work to be performed by providing written notice to customer of its intent to terminate. Customer shall not be entitled to any claim against contractor as a result of such termination.
9. Damage Limitation. In no event, whether based on contract, warranty (express or implied), tort, federal or state statute or otherwise arising from or relating to the work and services performed under the Agreement, shall Contractor be liable for special, consequential, punitive, or indirect damages, including loss of use, loss of profits, or delay. Contractor and Customer agree to allocate certain of the risks so that, to the fullest extent permitted by law, Contractor’s total aggregate liability to Customer is limited to the dollar amount of the Agreement for any and all injuries, damages, claims, expenses or claim expenses including attorneys’ fees arising out of or relating to this Agreement regardless of whether it is based in warranty, tort, contract, strict liability, errors, omissions, or from any other cause or causes.
10. Warranties. THIS LIMITED WARRANTY OF WORKMANSHIP IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE WORK TO BE PERFORMED BY COMPANY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS ALL OTHER IMPLIED AND EXPRESS WARRANTIES PERTAINING TO ITS WORK, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY IS UNABLE TO WARRANT ANYTHING AS IT PERTAINS TO PRODUCTS OR MATERIALS INSTALLED BY COMPANY AS THOSE MAY BE COVERED UNDER THE MANUFACTURER’S WARRANTIES, AND COMPANY DISCLAIMS ALL SUCH WARRANTIES WHETHER EXPRESS OR IMPLIED PERTAINING TO THOSE PRODUCTS OR MATERIALS THAT MAY BE INSTALLED BY COMPANY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW. Company’s standard Limited Warranty of Workmanship applies and is limited as follows: 1. This Limited Warranty is contingent upon Company receiving full payment under the Agreement. 2. To Company’s work that has not been subject to accident, neglect, misuse, or abuse by Client or a third party. 3. To Company’s work that has not been modified, altered, defaced, or had repairs made or attempted by others. 4. To Company’s work that has been properly and sufficiently maintained and operated. 5. Company must be notified within the time prescribed below for this Limited Warranty to be valid. 6. This Limited Warranty does not cover damage from fire, hurricane, windstorm, tornado, hail, impact of foreign objects, or other violent storm or casualty, damage due to settlement, distortion, failure or cracking of the roof deck, walls or foundation of the building, lightning, mold, or other hazard, nor anything normally contemplated and covered by Customer’s insurance policy during the period of this Limited Warranty. 7. This Limited Warranty does not cover interior damage or mold below the roof due to leaks by excessive rain, wind, ice dams, hail, or any events listed in above, nor shall Company be responsible for or extend warranties for preexisting conditions, which include but are not limited to prior damage, old fascia, rotted wood, interior cracks to the ceiling, or debris in the attic during the warranty period. 8. This Limited Warranty does not cover and Company shall not be responsible for damage or mold below the roof due to workmanship leaks if not notified within twenty-four (48) hours of the first occurrence. 9. This Limited Warranty does not cover conditions resulting from condensation on, expansion of, or contraction of materials. 10. This Limited Warranty does not cover ordinary wear and tear or problems inherent with the material or portion of the work allegedly defective. 11. Company must be given the first opportunity to make reasonable repairs, replacements, or corrections to the defective workmanship at no cost to Owner. 12. This Limited Warranty does not apply to material or other products. To the extent that there are any material or other products covered by a manufacturer’s warranty, Company shall assign such warranties to owner(s) to the fullest extent permitted by law and applicable warranty upon full payment for all work completed and materials. 13. To the fullest extent permitted by law, this Limited Warranty is not assignable nor transferrable to any third party besides the Owner listed above. Any express warranty provided, if any, by Contractor is the sole and exclusive remedy for alleged construction defects, in lieu of all other remedies, implied or statutory. Warranties to be issued upon completion and full payment of this Agreement; If there is a breach in the applicable Manufacturer’s warranty according to the stated terms and conditions of the warranty supplied, at that moment, this would simultaneously void Contractor’s warranty and all of Contractor’s responsibility and liability to correct, supplement, rectify, fix, etc. any and all issue(s) as a result of the breach in the Manufacturer’s warranty. If a problem develops during the Limited Warranty period, Company must be immediately notified in writing within twenty-four (48) hours of the first occurrence of defect by Owner or its agent. For purposes of sending notices hereunder, Owner may send notices to: Southeastern Roofing Company LLC 7380 McGinnis Ferry Rd, Ste 100, Suwanee, GA, 30024, USA. Tel: 470-228-0766 or visit www.SoutheasternRoofing.com
11. GAF (Manufacturer) Additional Warranty (if sold to customer): Manufacturers warranties shall apply to the terms found at www.gaf.com for the additional warranty selected.
12. Claims. It is Customer’s duty to notify Contractor in writing within three (3) business days of the occurrence of any claim, patent defect or deficiency, or within 3 days of discovery of a latent defect, arising out of the work services or materials provided by Contractor under this Agreement (“Occurrence”). Failure of the Customer to provide written notice of the Occurrence shall result in the Customer waiving all claims that may be brought against Contractor arising out of or relating to the Occurrence, including claims arising in law, equity, contract, warranty (express or implied), tort or federal or state statutory claims.
13. Acts of God. Contractor shall not be responsible for loss, damage or delay caused by circumstances beyond its reasonable control, including but not limited to acts of God, weather, accidents, fire, vandalism, federal, state or local law, regulation or order; strikes, jurisdictional disputes, failure or delay of transportation, shortage of or inability to obtain materials, equipment or labor; changes in the work and delays caused by others. In the event of these occurrences, Contractor’s time for performance under this proposal shall be extended for a time sufficient to permit completion of the Work.
14. Mold Disclaimer. The Customer is solely liable and responsible for all damages, whether actual or consequential, caused by Mold and agrees to indemnify and hold Contractor harmless from any and all Claims arising out of or relating to Mold.
15. Working Hours. The proposal is based upon the performance of all work during Contractor’s regular working hours, excluding weekends and National holidays.
16. Materials. All materials and work shall be furnished in accordance with normal industry tolerances for color, variation, thickness, size, weight, amount, finish, texture and performance standards. Specified quantities are intended to represent an average over the entire roof area. Contractor is not responsible for the actual verification of technical specifications of product manufacturers, i.e., R value, ASTM or UL compliance, but rather the materials used are represented as such by the manufacturer. Risk of loss of the roofing products passes to the Customer when said products are delivered to the job site title to the roofing products pass to Customer upon installation of the roofing products. Contractor may retain any scraps or unused materials removed from the site by Contractor.
17. Construction and Interpretation. If a provision of this Agreement (or the application of it) is held by a court or arbitrator to be invalid or unenforceable, that provision will be deemed separable from the remaining provisions of the Agreement, will be reformed/enforced to the extent that it is valid and enforceable, and will not affect the validity or interpretation of the other provisions or the application of that provision to a person or circumstance to which it is valid and enforceable. This Agreement records the entire agreement of the parties and supersedes any previous or contemporaneous agreement, understanding, or representation, oral or written, by the parties. All documents/exhibits referred to in this Agreement are an integral part of the Agreement and are incorporated by reference. Customer represents that it has read and fully understood the Contract Documents, or has had an opportunity to consult with counsel, prior to executing this Agreement. In the event of a conflict between this Agreement and any other contract Document, the order of precedence is work Authorization (to the extent it exists) followed by these terms and conditions.
18. Non Nailable Surface Clause: Any defective roof deck/plywood found during tear off of the existing roof covering must be replaced per state building code. Most insurance carriers do not cover this cost. Customer will be responsible for this cost at a minimum of $50 per sheet which includes labor and materials.
19. Supplements: If any of the above work relates to an insurance claim, contractor may supplement the insurance company on scope of work and on pricing (including overhead and profit). Any approved supplements will be due to contractor in addition to the contract price.
20. Adjuster’s Summary Report: The insurance carrier Adjuster’s Summary Report shall include all monies the insurance carrier agrees to pay less the customer deductible amount, for which customer shall be responsible for.
The Customer Right to Cancel: If you cancel, any property traded in, any payments made by you, and any negotiable instrument executed by you under the contract or transaction will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence in substantially as good a condition as when received, any goods delivered to you under this contract or transaction, or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, to Southeastern Roofing Company at: 7380 Mcginnis Ferry Rd. Suite 100, Suwanee, GA 30024. I hereby cancel this transaction.