Terms and Conditions
Terms and Conditions
Raven Roofing and Contracting Terms & Conditions:
This Agreement is between Raven Roofing and Contracting Inc, (“Raven Roofing”) and the Customer (the “Client”) and/or their agents. Upon acceptance from the Client, Raven Roofing agrees to do the Statement of Work (the “SOW”) contained herein for the Client.
Client agrees to pay Raven Roofing for the work in cash equivalents unless otherwise agreed upon in writing. Client agrees to pay Raven Roofing in full no later than 7 days from completion of the Work.
3. Late Payment / Service Charge
Any funds owed greater than 30 days beyond the Completion Date are subject to a service charge of three percent (3%) per month on the unpaid balance.
4. Statement of Work
The SOW is contained in the Raven Roofing estimate document and shall be binding upon acceptance of the estimate. All details such as the type and color of the roofing system shall be established prior to executing the SOW. Raven Roofing agrees to execute the SOW providing all necessary labor and materials as defined in the SOW.
Raven Roofing reserves the right for schedule flexibility in the event of delays. Reasonable delays include, but are not limited to, weather, non-delivery, discontinuance, default in shipment by a supplier in whole or in part, loss in transit, strikes, lockouts or other causes beyond Raven Roofing’s control. For delays or interruptions caused by changes to the SOW, Raven Roofing reserves the right to extend the completion date as required as well as adjusting the cost defined in the SOW. Raven Roofing will not be liable for any delay damages.
Raven Roofing shall provide all necessary materials and sales tax on all materials to complete the SOW. Raven Roofing shall not be responsible for an exact match of any materials. All materials shall remain the property and title of Raven Roofing until fully paid by Client. All surplus materials shall remain the property of Raven Roofing. Raven Roofing is not responsible for replacement of any lumber, sheathing, trim or rotted wood, or replacement parts in excess of the agreed amount unless specified in this Agreement. Raven Roofing may, at its own discretion and without required notice to Client, substitute materials of equal or superior quality to be used in the Work. If determined by Raven Roofing, during the performance of the Work, that additional labor and materials are required beyond what is specified in this Agreement to complete the Work, the cost of the additional labor and materials will be borne by Client.
7. Property Owner
Client warrants to Raven Roofing that they are the legal owner or authorized agent by owner of the Property. Client agrees to provide electricity and access to such to Raven Roofing at no charge during the duration of the project. Client acknowledges that the removal of permanently attached building materials often disturbs and vibrates the existing Property. The debris generated from this Work and related procedures may cause inconvenience or discomfort which is normal construction wear and tear conditions, and not Raven Roofing’s negligence and may include, but is not limited to, interior wall cracks, flaking of wall paint, debris falling into an attic, disturbance to shrubbery and lawns, small divots in the driveway from equipment such as roll-off trash containers and dump vehicles. As a precaution, Client shall remove from walls or ceilings, items such as, but not limited to, chandeliers, paintings, and plates. Client shall lock away or secure other items of value in or on the Property. Client shall make himself available during construction for clarification of specifications, approval of additional Work and to provide adequate access to the Property as may be required.
Client shall be in default of this Agreement at any time if he does not tender payments as listed in this document. Upon Client’s default, Raven Roofing may immediately discontinue Work and the entire balance shall be immediately due and payable. Waiver or indulgence of any default shall not operate as a waiver of any other default on future occasions.
9. Attorneys’ Fees
If the Contractor or Client and Subcontractor become involved in litigation or arbitration as a result of this Subcontract or the performance or nonperformance thereof, then the court or arbitration tribunal shall award reasonable attorney’s fees to the prevailing party.
For any warranty to be effective against Raven Roofing or any other party, Client must: (1) have paid all sums owed to Raven Roofing under this Agreement and any applicable Change Orders: (2) provide immediate written notice to Raven Roofing upon discovering any defect or failure of the Work performed and: (3) not allowed any third party to, in any way, alter or repair any of the Work performed by Raven Roofing. Raven Roofing shall provide Client with a warranty against defects in workmanship for a period of 5 yrs from the Completion Date. Material warranty shall be limited to manufacturers’ warranty of materials. Raven Roofing does not warrant the material or labor of items such as, but not limited to; caulking materials, sealant, reflective coatings, painted surfaces, metal materials, or the possible failure of these items. Raven Roofing’s warranty is only effective if gutters are properly cleaned and maintained annually. Normal maintenance and care of work installed is the Client’s responsibility. If damage occurs to roof or interior of the house, which is a result of neglect on the clients part, then any warranty stated herein is void. Raven Roofing’s warranties as stated in this section of this Agreement shall be null and void for any water ponding beyond forty-eight (48) hours, except as set forth in this Agreement.
11. Raven Roofing Not Liable
Client acknowledges that at no time shall Raven Roofing’s liability exceed the total amount charged for the Work performed under this Agreement. Raven roofing shall not be liable for any defects which are characteristic of the materials such as cracks, splits, and shrinkage or warping of wood or lumber etc. Due to the nature of the Work, damages to the property sometimes occur. Therefore, Raven Roofing is not responsible for nail pops, cracks to walls or ceilings of existing structures. Raven Roofing assumes no liability for damages, including but not limited to, existing landscaping, trees or shrubs. Raven Roofing is not liable for common occurrence weather-related problems such as ice dam, gutter back up or Acts of God. Raven Roofing is not liable for any ponding of water or improper drainage due to incorrect sloping of existing roof structure or roof structure problems that could cause sagging or unevenness in existing roof deck. Client acknowledges that Raven Roofing is only responsible for damages to the property and the contents therein under Raven Roofing’s liability insurance, if Raven Roofing, or its employees or servants are held or found to be negligent and, if Client notified Raven Roofing within forty-eight (48) hours of the occurrence.
Client agrees to carry homeowners insurance covering fire, theft, storm, and damage to the property including, but not limited to, landscaping, trees, shrubs, driveways and walkways in sufficient amounts to cover the SOW and materials under construction by Raven Roofing and agrees to compensate Raven Roofing for losses sustained by these conditions. Raven Roofing’s maximum liability is limited to the coverage provided.
13. Binding Contract
This Agreement, until approved by Raven Roofing, is subject to change or revocation by Raven Roofing, without notice. Upon approval by Raven Roofing, this Agreement shall constitute a binding agreement between the Raven Roofing and the Client. Agreement is made and entered into in the State of Utah and the laws of Utah shall govern its validity and interpretation.
14. Entire Agreement
This Agreement constitutes the entire agreement between the Parties. Raven Roofing is not liable for nor bound in any manner by any statements, representations, warranties, collateral or otherwise, or promises made by any person representing or proposing to represent Raven Roofing unless such statements, representations, or promises are set forth in this Agreement. Any modification of this Agreement must be in writing and signed by the both parties.
If any provisions, paragraphs, or sub-paragraphs of this Agreement are adjudged by any court to be void or unenforceable in whole or in part, this adjudication shall not affect the validity of the remainder of this Agreement. Each provision of this Agreement is severable from every other provision, and constitutes a separate and distinct covenant.
16. No Waiver
Raven Roofing may accept late payments or partial payment checks, bank drafts, or money orders marked “Paid in Full” without waiving any of its rights related to this Agreement.
17. Acceptance of Contract
Acceptance of this agreement shall be represented by any form of written acceptance or purchase order from the client to Raven Roofing including but not limited to a signature on this document, acceptance via email or text and verbal agreements. In doing so Client hereby acknowledges full understanding and acceptance of this agreement.