GENERAL TERMS AND CONDITIONS
1. Limited 5 Year Workmanship Warranty: For the period from completion of installation until the earlier of (i) five (5) years and (ii) as long as any person who heldtitle to a property at the time the product was applied to the property is living and retains ownership of the property, the product installed and accessories are warranted100% to be free from workmanship defects that might result in leaking (the "Warranty"). The warranty is canceled automatically if the surface of the roof is altered in anyway or any attachments are made thereto or if the building is used for any other purpose than originally designed without the prior written approval of the Contractor(including any roof repairs).
2. Parties and Scope of Work: Tried and True Roofing hereinafter ("triedandtrue"), shall mean the company performing the Work. "Work" means those specificservices to be performed by triedandtrue as set forth in this agreement. "Customer" refers to the person(s) or business entity ordering the work to be done bytriedandtrue and shall be responsible for the payment thereof. If the Customer is ordering the Work on behalf of another, the Customer represents and warrants thatCustomer is the duly authorized agent of said party for the purpose of ordering and directing said Work. Unless otherwise stated in writing, Customer assumes soleresponsibility for determining whether the nature of the Work ordered by Customer is adequate and sufficient for Customer's intended purpose. In performing its Work,triedandtrue shall be entitled to rely on the work of third parties, the representations of Customer and the public record and shall be under no obligation to verify any ofthe foregoing. The ordering of additional service and/or materials from triedandtrue beyond the scope of the Work shall constitute acceptance of these General Termsand Conditions (collectively, with any order forms and the Warranty, the Terms as to such additional services and/or materials.
3. Right of Entry: Customer shall provide rights of entry for triedandtrue and/or Its representatives and necessary permissions in order for triedandtrue and/or itsrepresentative to complete its services
4. Changes: Any additions, changes or modifications to the Work shall be made by triedandtrue at the request of the Customer, provided such changes do notmaterially increase the scope of the project or obligations hereunder and provided the Customer agrees to pay triedandtrue its established charges for labor andmaterials. Any addendum or change order must be in writing, and signed by a triedandtrue representative and the Customer to cover these charges, if any. If theCustomer cancels an addendum within a three (3) day rescission period provided by the law and work has not started in earnest on the addendum, the original workorder shall remain in effect.
5. Specific Change Order Circumstances: Oftentimes, triedandtrue must make changes to the contract after the contract has been signed. This can occur for severalreasons such as, but not limited to, structural problems discovered after demolition of the Work, unforeseen by the triedandtrue Sales Consultant, that cause the needfor additional materials and/or labor. Any addendum or change order must be in writing, and signed by a triedandtrue representative and the Customer to cover thesecharges. One reason for a change order is the discovery of rotten wood, be it decking, fascia or otherwise. So that triedandtrue does not slow down the installation andburden the Customer with minor change requests, triedandtrue includes up to 64 square feet of decking. If the Work requires more wood than these allowances, theCustomer will be asked to sign a change order for additional materials charged as specified on the front of this agreement. If existing gutters are being kept, thetriedandtrue Production Team may determine that removal and reinstallation of said gutters is necessary. If this is the case, the Customer will be asked to sign a changeorder for this additional labor charged as specified on the front of this agreement
6. Termination: If Customer terminates the Work before the start of the manufacturing process of custom-made home improvement products, Customer shall paytriedandtrue 20% of the cash price as liquidated damages and not as a penalty. If Customer terminates after start of manufacturing process of custom-made homeimprovement products or after work has started, Customer shall pay triedandtrue that portion of the cash price equal to the portion of the work completed, plus a sumequal to 33 1/3% of the cash price as liquidated damages and not as a penalty. Work will be considered to have been started when the production order is submitted formanufacturing. This paragraph does not apply to terminations permitted under federal law (see "Customer's Right to Cancel Property Improvement Contract" formattached).
7. Photo / Video / Testimonial Rights: triedandtrue and those acting under its permission or upon its authority, has the unqualified right and permission to reproduce,copyright, publish, circulate or otherwise use Customer's name, testimonial, likeness, and/or property in whole or in part, or composite. Customer's testimonialcomments may be edited for clarity and/or conciseness. Customer waives any right to inspect or approve the finished product or copy that may be used or the use towhich it may be applied. This authorization and release covers the use of said materials in any published, broadcast or electronic form, and any medium of advertising,publicity or trade in any part of the world for an indefinite period of time. Furthermore. the Customer. it's heirs. executors, administrators, or assigns, transfer totriedandtrue, its successors, and assigns. all rights mentioned above to all triedandtrue representatives.
8. Completion & Payment: Unless separate financing arrangements between triedandtrue and the Customer already have been entered into and fully documentedpayment is due in full upon triedandtrue's delivery and installation of the materials specified in these Terms or any attachments, or upon delivery of such materialswithout installation if the Customer has requested delivery only. If, at Customer's request, triedandtrue has made financial arrangements so that Customer will be able topay the obligation created by these Terms then Customer agrees to sign such other documents as may be required to make such financial arrangements complete.Customer agrees to execute all other documents which triedandtrue may require in order to carry out the terms of these Terms or comply with all applicable laws.Timely payment of amounts due under these Terms is a condition of these Terms. Failure to make payments in full within the time limits stated above will be consideredsubstantial non-compliance with these Terms and will be cause for termination of this agreement if triedandtrue so chooses. The penalty for non payment is 10% of thetotal contract amount. Additionally a interest rate of 15% compounded monthly will be applied to the 10% penalty and remaining balance.
9. Wind and hail- triedandtrue is not responsible for any damages on or below the roof due to leaks by excessive wind driven rain, ice or hail During the period ofwarranty. Excessive winds are 50 M.P.H or greater.
10. Preventative measures- During the duration of the work, the Customers homeowner's insurance will be responsible for any interior damage as long as triedandtruehas taken appropriate action to protect the roof during the roofing of the project.
11. Supplements- Supplemental claims billed by Company for additional work, general contracting fees or cost increases on your behalf and approved by yourinsurance company will become part of this agreement.
12. Improper ventilation- triedandtrue is not responsible for ventilation issues.
13. Repair work- triedandtrue does not provide a warranty for repair work.
14. Delays: triedandtrue will not be liable for any delay in the performance of these Terms of for any damages suffered by the Customer by reason of delay when thedelay is caused, directly or indirectly, by any causes beyond triedandtrue's control.
15. First right to repair- triedandtrue has the first right to any repair involving work done by triedandtrue and damages done by triedandtrue. Triedandtrue must benotified and given the opportunity to do so before action is taken.
16. Limitation of Liability, Generally: triedandtrue shall not be liable for damages of any kind which result from fire, flood, strike, third parties, acts of god, acts ofterrorism, or by any other circumstances which are beyond the control of triedandtrue. triedandtrue's liability for damages of any kind due to breach of Warranty,Page 4 of 8contract, error, omission or negligence or any tort shall be limited to a maximum of the total amount paid to triedandtrue under this contract. Under no circumstancesshall triedandtrue be liable for special, indirect or consequential damages. In the event the Customer desires to make any claim against triedandtrue, the Customer shallprovide triedandtrue with written notice of the claim within seven days from the date the Customer, or its agents, first discovers the claims or the same shall be barred.Any claims against triedandtrue brought on this contract or in any way arising out of this contract must be filed within one year from the time the cause of action accruedor it shall be time barred. Under no circumstances shall any employee, stockholder, officer or agent of triedandtrue have any individual liability to the Customer,notwithstanding the aforesaid, in the event any judgment is entered against any such individual, the Customer agrees to look exclusively to the assets of triedandtrue forsatisfaction of said judgment.
17. Waiver of Liability for Notification, Detection, Remediation and/or Removal of Mold on or about Customer's Premises: Customer hereby expressly agreesthat triedandtrue is not in the business of, nor has any expertise or knowledge concerning, the identification and/or removal and/or remediation of mold and has notmade any representations to Customer concerning its ability to accurately identify and/or detect the existence or extent of mold on or about Customer's premises andthat triedandtrue is hereby expressly stating that it has no such expertise or experience in detecting, removing and/or remediating the existence of mold. Accordingly,Customer expressly waives any and all right to assert any or all claims for liability against triedandtrue, its agents, officers, employees, and/or legal representatives, forits failure to identify, detect, remove, remediate and/or notify Customer of the existence or extent of mold on or about Customer's property. While triedandtrue may, as amatter of suspicion and courtesy, notify Customer that mold may exist at their premises, Customer expressly agrees that triedandtrue has no obligation to either notifyCustomer about its suspicions concerning the existence of mold on or about Customers premises or to take any action whatsoever concerning mold
18. CompleteContract / No Oral Representations: triedandtrue and the Customer agree that these Terms, including the Warranty and any order forms signed by the Customer, areintended by them as a final and complete expression of the Customer understanding as to all matters forming the subject of these Terms, and that any prior written ororal contracts, statements or understandings by representatives shall not be relied upon by the Customer and shall not become part of these Terms. The parties furtheragree that these Terms may be amended only in writing that has been executed by both the Customer and triedandtrue.
19. Deductibles: Colorado law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is aviolation of Colorado law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim toknowingly allow the insured person to fail to pay, or assist the insured person's failure to pay, the applicable insurance deductible.
20. Governing Law / Waiver / Benefit / Credit Report: These Terms shall be considered in accordance with the laws of the State of Colorado as if negotiated,executed, and performed entirely therein by residents thereof. The failure of either party to require the performance of any terms of the Contract or the waiver by theother party of any breach under these Terms shall not prevent a subsequent enforcement of the terms nor be deemed a waiver of any subsequent breach. These Termsshall inure to the benefit of and be binding upon the parties, their heirs, and assigns. The Customer authorizes triedandtrue to investigate the Customer's credit rating bychecking credit references and ordinary credit reports.
21. Enforcement: triedandtrue shall be entitled to recover all costs and expenses incurred by triedandtrue, in enforcing these Terms, including (without limitation) courtcosts and reasonable attorney’s fees. All such remedies may be cumulative.
22. Venue: It is agreed between triedandtrue and the Customer that the exclusive venue for any legal action brought by triedandtrue under these Terms shall be in anycourt of competent jurisdiction sitting in Denver county , Colorado.
23. Dispute Resolution: In the unlikely event that the Customer has a disagreement with triedandtrue, before resorting to litigation or arbitration, any disputes arisingout of or connected with these Terms related to the goods or the services provided hereunder will be submitted to confidential mediation in Denver county , Colorado, inaccordance with the rules for alternative dispute resolution set forth under Colorado law. Each of Customer and triedandtrue will mutually cooperate to select themediator to be used. If mediation fails, each of Customer and triedandtrue agree that binding arbitration will be the sole remaining dispute resolution process to beutilized to settle differences. In the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall bereimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees throughfinal appeal. Any and all information, negotiation, and results of the mediation and/or arbitration will remain confidential.