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<br />The below specifications constitute the complete agreement unless otherwise specified in writing and accepted by both parties. This agreement and any agreement pursuant hereto is between
<br />Horner Roofing & Siding, LLC, hereinafter referred to as “company” and the customer(s), “owner/buyer” named herein, will be subject to all appropriate laws, regulations, and ordinances of the
<br />state of Indiana, the local jurisdiction and the following terms and conditions.
<br />A) Cancellation Policy
<br />1.All agreements are subject to the approval of a manager of the company for the agreement to be effective under any conditions and either party may cancel this agreement within 72
<br />hours for a full refund. If paying through an insurance claim, homeowner may cancel the agreement within 72 hours of receiving notice that the claim has been denied in whole or in
<br />part.
<br />2.The agreement cannot be cancelled once work is commenced except by mutual consent of both parties.
<br />3.Company reserves the right to revoke this proposal 90 days from date accepted. After 90 days, company reserves the right to revise its price in accordance with cost in effect at the
<br />time.
<br />4.If this agreement is cancelled by the customer (except in accordance with the terms of section A1), the customer shall pay to the company twenty five percent (25%) of the total agreement
<br />amount as liquidated damages, not as a penalty, and the company agrees to accept such a reasonable and just compensation for said cancellation.
<br />5.In the event the first insurance draft contains funds not designated for this restoration not to exceed a minimum of 33% of the initial contracted amount, these funds will be designated for
<br />the initial deposit due to the company prior to restoration scheduling. Deposit funds will be held in trust until the materials have been delivered to the job site or a majority of the work
<br />has been completed. Deposits are refundable in accordance with section A1 when applicable.
<br />6.Contractor may retain funds for actual work performed if done in a workmen like manner consistent with standard practice.
<br />7.Any funds due to be returned following cancellation will be returned within 10 days of the cancellation date.
<br />B)Additional Charges
<br />1.Should default be made in payment of this agreement, charges shall be added from the date thereof at a rate of ten percent per month (120% per annum) with a minimum charge of
<br />$2.00 per month, and if placed in the hands of an attorney for collection, all attorney’s fees and legal and filing fees shall be paid by customer accepting said agreement.
<br />2.The quotations on the face hereof does not include expenses or charges for bond or insurance premiums or costs beyond normal insurance coverage, and any such additional
<br />expenses, premiums, or costs shall be added to the total agreement amount.
<br />3.Replacement of deteriorated decking, fascia boards, roof jacks, ventilators, flashing, or other materials, unless otherwise stated in this agreement, are not included and will be charged as
<br />an extra fee on a time and material basis.
<br />4.Additional layers of shingle tear-off not known before work has started are not included in the original contract amount and will be an additional charge.
<br />5.Decking replacement boards; first 4’ x 8’ sheet of decking replaced is free; additional decking will be charged at market rate for material plus the labor cost of $$70 35 per sheet.
<br />6.Any supplement or additional overhead and profit allowance approved by customer’s insurance provider for additional work or cost increases will become part of this agreement. Any
<br />upgrade(s) or additional work requested by customer that is not approved by customer’s insurance provider will be the customer’s financial responsibility and will become part of this
<br />agreement.
<br />7.In the event that your insurance policy does not cover code upgrades, buyer/owner does accept financial responsibility for any and all code upgrade requirements that we must perform
<br />in order to be in compliance with your local building codes.
<br />8.If buyer/owner elects not to perform any portion of the contracted work that may result in lost profits to the company a 25% lost profit fee will apply.
<br />9.If material has to be reordered or restocked because of cancellation by the customer, there will be a restocking fee equal to twenty-five percent (25%) of the total agreement amount.
<br />10.The company is not responsible for pre-existing construction deficiencies that manifest during the construction process, I.e nail pops, wood rot, decking deflection, etc. If a construction
<br />problem is pointed out prior to construction and the company is notified in writing, company will try to assist customer to correct the problems on a time and material basis.
<br />11.All balances due after 10 days will be assessed interest at the rate of 10% per month. If payment is not made, the customer is liable for all collection costs incurred and reasonable
<br />attorney’s fees. Personal checks made payable to: Horner Roofing & Siding, LLC. (A $75 service fee will be charged on all returned personal checks).
<br />C) Company Responsibilities & Liability
<br />1.The company shall have no responsibility for damages from rain, fire, tornado, windstorm, or other peril as is normally contemplated to be covered by homeowners insurance or
<br />business risk insurance, unless a specified written agreement is made prior to commencement of the work.
<br />2.The company is not responsible for expenses associated with lost wages, supervisory fees, administrative fees, or other similar fees customer claims to incur during the restoration
<br />process. While not necessary, it is the sole responsibility of the customer to manage and/or supervise the restoration process, at the expense of the customer, if the customer chooses.
<br />3.The company will not be held responsible for chimneys that leak after installation if there are partial or fully missing bricks on the chimney.
<br />4.The company is not responsible for installing new trim on skylight interiors if the old trim does not line up with the new skylight.
<br />5.The company shall not be liable for failure of performance due to labor controversies, strikes, fire, weather, inability to obtain materials from usual sources, or any other circumstances
<br />beyond the control of the company whether of a similar or dissimilar nature.
<br />6.If roofing and sheet metal work is involved, it is understood and agreed that the company’s standard roof guarantee shall be acceptable and that all terms and provisions herein shall
<br />prevail, unless otherwise specifically agreed to in writing prior to the commencement of the work. 90# Roll Roofing is not a warrantable product and will not be warrantied against leaks
<br />by the company. However, if specified in writing and signed by both parties, the company will service the installation for a period of 1 year. The company’s standard three (3) year labor
<br />warranty is effective and begins upon full payment of this contract.
<br />7.The company is not responsible for ice dams (thawing and refreezing of ice, water, or snow) or any other damage on or below the roof line due to leaks by excessive snow or wind-
<br />driven rain, ice, or hail, during the period of the warranty. Excessive winds is 50 or greater MPH. The warranty is non-transferable.
<br />8.This agreement or warranty shall not be assigned except by or with the written permission of the company.
<br />9.If, in the event the homeowner elects not to replace existing products per our recommendation (I.e skylight, windows, flashing) that is directly or indirectly related to the installation, the
<br />company accepts no present or future liability for these items.
<br />10.The maximum liability for the company shall be the original cost of labor and materials for the repair, which customer agrees, shall be a liquidated sum, under any event of default of
<br />company herein.
<br />11.The company reserves the right to remove and haul away all job-related debris (siding, roofing, etc).
<br />12.The company reserves the right to post a sign until the job is paid in full.
<br />D)Owner Responsibilities & Liability
<br />1.The amount approved by your insurance provider will be the cash contracted amount plus any additional work requested or upgrades. It is the responsibility of the buyer/owner to
<br />request, obtain, and forward the final insurance draft or equivalent thereof to Horner Roofing & Siding, LLC within 30 days after completion of project.
<br />2.Regardless of whether the buyer/owner’s mortgage company retains all or a portion of the insurance draft allocated to the repairs of your home, you the buyer/owner will remain
<br />responsible and liable for the entire outstanding balance.
<br />3.The insurance company’s first draft or equivalent funds thereof allocated for the repairs contracted by Horner Roofing & Siding, LLC, as well as homeowner deductible and all additional
<br />add-ons paid in full will be the deposit required by Horner Roofing & Siding, LLC before restoration begins. Owner/buyer acknowledges responsibility for the deductible and
<br />acknowledges that Horner Roofing & Siding, LLC cannot pay, waive, or rebate the insurance deductible, either in whole or in part.
<br />4.Payment schedule: deductible due upon insurance provider approval, as well as first insurance draft or personal check of equal value plus 100% of any additional work to be performed
<br />under this agreement. Balance due upon completion of work. All payments must be made to Horner Roofing & Siding, LLC. Only payments made to and received by Horner Roofing &
<br />Siding, LLC will be considered to satisfy the payment of this agreement. Payment schedule shall not be amended without the prior written approval of the company.
<br />5.During the duration of work, the customer’s homeowner insurance will be responsible for any interior damage as long as the company has taken appropriate action to protect the roof
<br />during the repair of the roof.
<br />6.If there are any solar panels on the roof, the company will not be responsible for damage during the repair, so customer agrees, at customer’s expense, to have a solar panel company
<br />take the appropriate action to protect if necessary.
<br />E)Additional Statements
<br />1.Any person or company supplying labor and/or materials for this improvement to customer’s property may file a lien against customer’s property if that person or company is not paid for
<br />the contributions.
<br />2.Any representations, statement or as other communications, not written on this agreement, are agreed to be immaterial, and not relied upon by either party and do not survive the
<br />execution of this agreement.
<br />3.If any provision of this agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this agreement shall not be affected
<br />thereby.
<br />Document Ref: D4RIV-CFSQB-DZSXL-LAWEQ Page 2 of 8
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