Building The Kingdom

One Roof At A Time

Elevated Roofing

Contract Terms & Conditions

1. Insurance Claim Contingency

If this is an Insurance Claim Contract, it is contingent upon the insurance carrier paying for the roofing on the property stated in this Contract and any additional trades listed in the Collateral Detail Agreement.

The homeowner and Elevated Roofing will not be obligated in any way unless the repairs are approved by the homeowner’s insurance carrier.

The homeowner agrees to allow and pay Elevated Roofing to perform the work specified on the Elevated Roofing Financial Agreement.

The homeowner must have replacement cost coverage. If not, the homeowner agrees to pay the deductible plus non-recoverable depreciation.

Table of Contents

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PAYMENTS

2. Payment Due

Payment is due in full to Elevated Roofing offices in Frisco, Texas upon completion of the work.

3. Late Payments

Payments not received by Elevated Roofing 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 18% per

annum or the maximum rate of interest permitted by law. In addition to principal amounts and interest owed. Should Elevated Roofing place any amount in default for collection,

CONSTRUCTION ISSUES THAT ARE NOT PART OF THIS CONTRACT

4. Work Area Safety

Roofing work involves construction and demolition and can result in falling debris.

You agree not to enter directly under or into, or permit guests or invitees to enter directly under or into, the work area while work is ongoing.

5. Dust & Debris

Replacing a roof is a dirty process. Dust and debris may enter your home and attic. Use caution when lowering attic stairs after re-roofing.

6. Landscaping

Elevated Roofing will attempt to avoid damage to landscaping; however, some damage may occur during tear-off and construction. Elevated Roofing is not responsible for landscaping damage resulting from normal construction activities.

7. Driveway & Access

You agree to provide Elevated Roofing 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 Elevated Roofing is not responsible for driveway and curb damage that results from settling, compression, or inadequate support of your driveway and curbs.

LIABILITY & STRUCTURAL CONDITIONS

8. Pre-Existing Structural Problems

Replacing a roof frequently exposes pre-existing structural problems. You agree that repairing preexisting structural problems is not a part of this Contract, and Elevated Roofing 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 Elevated Roofing is not responsible if this occurs.

9. Shingle Appearance

Fiberglass shingles installed in cold weather may not lay completely flat immediately. This characteristic is more prevalent with heavier shingles. You agree that Elevated Roofing is not responsible for changes in appearance resulting from this characteristic of fiberglass shingles.

6. Landscaping

Elevated Roofing will attempt to avoid damage to landscaping; however, some damage may occur during tear-off and construction. Elevated Roofing is not responsible for landscaping damage resulting from normal construction activities.

10. Flashing & Siding

Properly installing a new roof may (and frequently does) require the removal and replacement of existing flashing. During installation, siding adjacent to the fleshing that is old, worn and deteriorated may break, crack or tear. You agree that Elevated Roofing is not responsible for any consequential damage to siding resulting from replacing flashing.

11. Vibration Warning

Removing and replacing an old roof creates vibration that may be transmitted throughout the house. YOU AGREE TO REMOVE ITEMS HANGING FROM INSIDE AND OUTSIDE WALLS, SOFFITS AND CEILINGS. You agree that Elevated Roofing is not responsible for damage caused to or by falling items.

12. Roof-Mounted Equipment

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 removed and reinstalled/adjusted (at your cost) roof mounted equipment. Elevated Roofing may remove such equipment if you do not but will have no obligation to reinstall or align the equipment, including satellite dishes.

13. Electrical Work

You agree to retain a qualified, licensed electrician to disconnect and connect electrical accessories (e.g., powered vents; attached to the roof) Our installers are not licensed electricians.

14. Other Contractors

You agree that Elevated Roofing is not responsible for any work performed by contractors who are not contracted by and under the direct supervision of Elevated Roofing.

15. Supply Lines

Building Codes and good building practices require that AC coolant, natural gas, and water “supply lines” be installed at least 1 1⁄2” from the bottom of the roof deck. Elevated Roofing is not responsible for puncturing an improperly installed supply line, or any resulting damages from said puncture, or the cost associated with repairing the punctured supply line.

WARRANTY AND LIMITATIONS

16. Workmanship Warranty

We warrant that our installers will perform their work in a good and workmanlike manner and that our roof will be free from leaks caused by defects in our installers’ workmanship for a period of 5 years from the date of installation. We will provide labor to repair roofing system components we installed but our liability is limited to performing such repair, WHICH IS THE SOLE REMEDY AVAILABLE UNDER THIS CONTRACT. If you sell the house during the warranty period, Elevated Roofing will honor this labor warranty
to the new owner until one year from the date you sell the house.

17. Manufacturer Warranties

Roofing materials are separately warranted by the manufacturer. Elevated Roofing 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 manufacturer.

18. Leak Notification

You agree to notify us within seventy-two (72) hours of discovering a leak and to take reasonable immediate action to prevent further damage. Elevated Roofing will send a representative to inspect any reported leak. Multiple inspections may be necessary to determine the cause of the leak.

19. Environmental Conditions

YOU RELEASE ELEVATED ROOFING FROM, AND AGREE NOT TO PURSUE, CLAIMS AGAINST ELEVATED ROOFING 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 THE NEGLIGENCE OF ELEVATED ROOFING OR ITS INSTALLERS.

20. Acts of Nature

You agree that Elevated Roofing is not responsible for damages resulting from fire, windstorm, hail, tornadoes, hurricanes, or other hazards affecting work in progress or completed work, even if such damage occurs during the warranty period, absent a separate written agreement signed by you and Elevated Roofing before work is commenced.

You agree to maintain in force a homeowner’s insurance policy covering casualty losses to your property from such conditions. Elevated Roofing’s limited warranty does not apply to damage or repairs resulting from any of the foregoing events, and Elevated Roofing shall have no obligation to repair or replace roof components damaged by such events.

EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MADE OR APPLICABLE TO THIS CONTRACT.

CANCELLATION AND ASSIGNMENT

21. Cancellation

You may cancel this Contract by providing written notice to Elevated Roofing at the address listed on the front of this Contract on or before the third (3rd) business day after you sign this Contract.

This Contract may not be canceled after Elevated Roofing commences work or obtains approval from the insurance carrier for a supplement (additional funds) to the original insurance claim.

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 no third-party beneficiaries intended under this Contract.

DISPUTE RESOLUTION

DISPUTE RESOLUTION

22. Binding Arbitration

Upon the request of any party, either before or after a legal proceeding is initiated, any claim or dispute regarding this Contract, or the performance of services or furnishing of materials under this Contract, shall be resolved by binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. All statutes of limitation that would apply in a judicial proceeding shall apply to the arbitration.

The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction in the county where the work was performed or in Denton County, Texas.

23. Governing Law

This Contract may be modified only by a written agreement signed by both you and Elevated Roofing. Neither party is relying on any statements or representations, whether oral or written, that are not expressly set forth in this Contract. Any such statements or representations not specifically included in this Contract are immaterial and shall not survive the execution of this Contract.

This Contract is performable in Texas and shall be governed by and enforced in accordance with the laws of the State of Texas.

If any provision of this Contract is determined to be unenforceable, such determination shall not affect the remaining terms of this Agreement, which shall remain fully effective and enforceable.

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