Terms and Conditions
Terms. This Proposal and Contract is an offer by A1 Roofing, Inc. ROC#318039 (“A-1” or “Contractor”) to provide the Scope of Work set forth above to the Customer at the Project and on the terms and conditions set forth herein, a copy of which is set forth at https://a1roofingaz.com/terms-and-conditions, (the “Terms and Conditions”) and upon acceptance becoming a binding contract. These Terms and Conditions govern the Work to the exclusion of any other or different terms, including in any oral statements or customer purchase order, unless otherwise expressly agreed in a writing signed by an authorized representative of A-1. Customer agrees that in no event shall the Work include any architectural or engineering and Contractor is entitled to rely upon any plans, drawings, or specifications provided by Customer or its agents. A-1 will provide all labor and materials required to perform the Scope of Work upon the pricing terms stated in this Contract.
Standard. The Work will be done in a professional workmanlike manner and within the industry standards in the State of Arizona. The Customer will be responsible for providing unimpeded access to the Work areas, adequate storage, and laydown areas for materials and equipment. Any schedules or time are dependent upon favorable weather conditions and subject to modification for weather delays or other conditions or circumstances not within the control of A-1. If there is a pool on property it is the client’s responsibility to cover the pool. If A-1 covers the pool at the owners request they will be billed for the cost of the tarp in the final invoice. A-1 is not responsible for any roof debris in the pool if client decided not to cover it. If trim or facia are custom cut, there will be additional fees quoted and added.
Changes: In the event that there is any change in the Work necessitated by differing or changed conditions, or other factors not within the control of A-1, or if Customer elects a change in the work, A-1 will be entitled to an adjustment to the Contract Price by Contract Change Order.
Unless all Work hereunder is to be performed within thirty (30) days, A-1 shall submit an invoice to the Customer at the end of each calendar month for the amount due for the portion of the Work completed during that month and payment will be due pursuant to the Arizona Prompt Pay Act (“PPA”), A.R.S. §32-1181 et seq.If all Work is to be performed within thirty (30) days, customer will pay, prior to starting any work,50% of the contract price to cover materials. Upon substantial completion of the Work, the Customer will promptly pay A-1 the other remaining total of 50% There are no additional fees with cash or checks.A surcharge will be added on all credit card transactions on the total amount as follows:3.4% for phone payments and 2.9%for payments through QuickBooks. Accepted cards are VISA, MC, AMEX, and DISCOVER.
Payment; Disputes: Payment shall be due on the date Work is substantially complete. Punch-list items or minor aesthetic matters shall not give Customer the right to withhold payment. Interest will be due on late payments at the rate set forth in the PPA of 1.5% per month. If collection proceedings are commenced (including filing of a lien to secure or enforce the payment of any portion of the agreement), the Customer agrees to pay reasonable attorney’s fees, court costs, expert witness expenses, and collection costs in such proceedings. In any dispute arising out of or relating to the Contractor’s work on the Property or payment, the venue will solely be in Maricopa County or Pima County and the laws of the State of Arizona shall govern.
Indemnification: Customer agrees to indemnify, hold harmless, and defend Contractor and its directors, officers, employees, subcontractors, and agents from and against any and all claims for personal injury, death, illness, property damage, fines, charges, or loss of any kind arising out of or relating to the performance of the Work as a result of any pre-existing conditions, Customer’s negligence, or Customer’s failure or refusal to allow Contractor to perform any recommended services or warranty services.
Warranty as Sole Remedy: Customer’s sole remedy for any and all claims related to defective materials or workmanship in the Work will be Contractor’s warranty.
Force Majeure. A-1 will not be liable for any inability to perform its obligations due to fires, strikes, labor disputes, weather, war, terrorism, civil commotion, material delays, acts of God, or any other circumstances beyond the reasonable control of A-1. Customer further agrees that if any of the foregoing events delays or prevents A-1’s performance of its obligations under these Terms and Conditions for a period of more than thirty (30) days, A-1 shall have the right, at its sole discretion, to terminate its agreement with Customer, to cease any further attempts to perform Work, and to receive payment for all Work performed up to the time of the termination.
Completion and Delay Damages: Any estimated completion date is an estimate and not a contractual promise. As partial consideration for the Agreement, Customer waives its right to damages arising from delay in completion or loss of use.
Binding Effect: These terms are the full contract between Customer and A-1 and no oral statement or representation not included herein is part of the Contract. This Contract may be amended only in writing by the parties and shall be binding upon and inure to the benefit of the parties’ heirs, executors, and assigns.
You have the right to file a written complaint with the Registrar of Contractors 602-542-1525 or https://roc.az.gov/ . for an alleged violation of the A.R.S § 32-1154(A), Any complaints must be made within the applicable time period as set forth in A.R.S §32-1155(A). A-1 requests that if any portion of our work is unsatisfactory, you notify us prior to filing a complaint, so we can attempt to resolve any concern.
SPECIAL TERMS AND CONDITIONS FOR INSURANCE CLAIMS
These Special Terms and Conditions for Insurance Claim apply, in addition to and not in replacement of, any other portion of the Contract, in any instance in which Customer has made a claim to any insurer that will be paying for any portion of the Work to be performed by A-1.
Customer’s Authority: Customer represents that Customer is the owner of the Property and has all legal authority to authorize Contractor to perform the services and work to be provided and to authorize A-1 to deal with the insurer. Customer will take such actions and execute such documents as a reasonably necessary to assist Customer in making or facilitating an insurance claim. Customer agrees to execute such additional documents and take such additional action as reasonably requested by A-1 to effectuate this Contract, including by way of example, an Assignment of Proceeds, Assignment of Claim, access to the insurance carrier, sharing of all documentation provided by Your insurance carrier, and any other reasonable action.
Determining the Extent of Work in Advance: Customer acknowledges that it is difficult, if not impossible, to determine the extent of repair work or damage in advance of fully performing the repair. Customer agrees that if additional or different work is required to complete Contractor’s work, Customer will cooperate in seeking additional sums from Customer’s insurer and agrees to pay for the additional or different work. Likewise, Contractor will credit Customer for work that may ultimately be proposed, but ultimately determined to be unnecessary as part of a repair.
Air Quality Testing: Contractor highly recommends air quality testing be performed following any loss involving water damage. A-1 does not provide such services, but may provide a list of multiple parties with whom Customer would be required to separately contract for such services.
Access to Property; Security: Customer shall provide all necessary and reasonable access to the Property, including access if Customer is not currently residing at the Project, and shall keep any and all areas in which A-1 will be performing work or requires for access free and accessible.
Relations with Customer’s Insurer; Facilitation Charges: Customer acknowledges and agrees that A-1 is being employed by the Customer and not by Customer’s insurer such that Customer is ultimately responsible for payment for the Work per this Contract. Nonetheless, Customer hereby authorizes A-1 to take reasonable actions to assist Customer in securing payment for the Work from Customer’s insurer. Customer authorizes A-1 to supply information regarding the loss to Customer’s insurer, including reporting all work performed by A-1 and A-1’s estimate of repair costs. Customer authorizes A-1 to present the required scope of work to return Customer’s roof to a pre-loss condition and provide any supplemental claims to adjust such scope of work. A-1’s time, effort, costs, and expense involved in such coordination will be included in the contract price. However, in the event Customer elects not to have A-1 perform repair work, Customer agrees to pay Contractor its out-of-pocket expenses, including mileage, and compensation for its services in preparing bids, negotiating with Customer’s insurer, or facilitating insurer payments at $65/hour.
No Liability for Existing Conditions: A-1 will not be responsible for existing conditions of the Property that are not open and obvious or disclosed by Customer in writing.
Payments: All payments must be made payable to A-1. Customer authorizes its insurance carrier to pay A01 directly and/or issue a joint-check payable to include the name A-1 Roofing Inc. You agree to pay over all proceeds for depreciated value of the work (“Actual Cash Value”, “ACV”) and “Replacement Cost Value” (‘RCV”) proceeds related to the Work from the insurance carrier in full to A-1 upon receipt along with the deductible. Customer agrees that prior to, or upon completion of the Work, A-1 may determine that additional amounts should be payable by the insurance carrier to return Customer’s property to pre-loss condition, including for example; unexpected costs and conditions, items not initially approved by the insurance carrier, price adjustments, etc. Additional
amounts, if any, allowed and paid by Your insurance carrier shall be deemed part of the Contract price.
Upgrades; Additional Work. Customer agrees that any upgrades or additional work authorized in writing and that is not part of the insurance claim will be described in a Change Order and Customer agrees to pay such additional amounts directly to A-1 in advance of A-1 performing such upgrades or additional work.
Cessation of Work: If timely payment is not made by Customer when due or A-1 is delayed in the progress of the work by any negligent act or intentional wrongdoing of the Customer, Contractor may suspend the work. Customer agrees that it will be responsible for all reasonable costs associated with such a cessation, including cost of securing the work and any mobilization or re-mobilization from the Property