The following Terms and Conditions are incorporated into and made a part of the Proposal from M&M Roofing and, once the Proposal is accepted by the Owner, the Agreement between the parties to perform the work described therein.
1 )
A - M&M Roofing hereby certifies that all roof replacement work performed under the scope of this contract will be performed in accordance with the requirements set forth by the manufacturers of each component used.
B – in the case of a new roof M&M Roofing shall guarantee the installation of roofing materials including, but not limited to decking, shingles, ridge vents, and flashing to be in accordance with manufacturers’ specifications and completely watertight for a period of 10 years.
This guarantee includes replacement and reinstallation of any failed or faulty roofing components, but does not extend to or imply liability for damage to interior building components or contents.
- M&M Roofing small repairs on the other hand are guaranteed for 6 months.
C -Subject to the guarantee listed above, M&M Roofing shall, at their sole cost and expense, make full replacement or repair of the work performed pursuant to the terms of this residential roofing contract. This includes repair of shingles, flashing, felts, and ridges.
D - M&M Roofing agrees to respond to any notification of roofing leak, failure, or fault within 72 hours of notification by the customer.
E - This roofing guarantee does not cover damage caused by natural causes, such as wind, hail, or lightning. Likewise, it does not cover damage by the homeowner, additional contractors, or any individual not employed by M&M Roofing. Damage caused by these sources shall be the sole responsibility of the customer to remedy.
2)
A - M&M Roofing reserves the right to use materials of equal or similar quality to those specified. Any changes from the plans or specifications which may be required by any public office or official shall constitute an additional cost to the Owner and shall be paid to M&M Roofing by the Owner. If M&M Roofing discovers a hidden or unknown defect or condition that increases the cost of completing the Work, the price shall be equitably adjusted to reimburse M&M Roofing for any and all additional costs to complete the Work caused by the hidden or unknown defect or condition. Any other change from the description of the Work will be performed only upon written change order signed by Owner and M&M Roofing.
B - The customer agrees to pay the full amount indicated in this contract within 5 days of receipt of invoice. Failure to pay the full amount by this deadline shall constitute a breach of contract. Payment may be made by cash, cheque, or bank transfer. Payment details will be detailed on the invoice.
C - If Owner fails to pay within 5 days after the invoice M&M Roofing shall be entitled to charge an additional 1.5% monthly interest on the outstanding amount due, which shall reimburse M&M Roofing for the additional administrative expenses thereby incurred. In addition to any and all other amounts due and payable hereunder, and in the event M&M Roofing employs legal counsel to collect any such amounts outstanding, M&M Roofing shall be entitled to reimbursement from Owner for any and all reasonable costs of collection, including reasonable court costs and attorney fees.
3 )
A - M&M Roofing shall be solely responsible for the safety of their employees, suppliers, and subcontractors throughout the project. This includes ensuring that all workers follow OSHA job safety standards at all times.
Notes and Excursions:
A ) Water intrusion due to leaks within a roofing system can lead to the proliferation of mould on exterior and interior surfaces. In performing roof maintenance or repair services under this proposal, it is understood and agreed that M&M Roofing and its insurance carrier are “HELD HARMLESS” by Owner and released from any and all liability in connection with or, directly or indirectly, arising out of any pre-existing or future mould problems and Owner waives any direct, incidental or consequential damages, including damage to the building structure, contents or health problems, attributable to past, present or future water intrusion and associated mould, fungus, mildew, or algae growth. The Owner also WAIVES ALL SUBROGATION RIGHTS against M&M Roofing and its subcontractors from damages as a result of such issues.
B) The metal supply market has become tremendously unstable and as a result M&M Roofing is not able to obtain any form of price protection and cannot be held responsible for price increases beyond control. M&M Roofing can only offer pricing based on today’s metal pricing. Further price escalations beyond control will be confirmed and passed on at the time of performance of the Work.
C) M&M Roofing will maintain a clean and safe work environment and will clean up and haul away all construction debris at the completion of the Work
D) Unless otherwise agreed, the owner will provide all permits and call for all inspections that are needed to comply with the building codes.
E) The owner will provide a suitable and secure work and staging are to facilitate maximum production to the project and efficiency in the progress of the work.
F) M&M Roofing is not required to replace or repair any existing roof penetrations unless specifically included as part of the scope of Work in the Proposal. M&M Roofing is not liable for repairing roof penetrations caused by someone other than M&M Roofing. In the event work performed by M&M Roofing is damaged in any manner by Owner or third parties, then Owner shall reimburse M&M Roofing on a time and material basis for repairs to M&M Roofing’s work which result from the acts or omissions of Owner or third parties.
This document shall be the sole agreement between the Parties for the services described herein. No other promises, arrangements, or guarantees not specifically outlined here are valid.