Terms of service

ROOF MAINTENANCE SERVICE AGREEMENT & TERMS AND CONDITIONS

YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS AGREEMENT SIGNED BY BOTH YOU AND THE SELLER BEFORE ANY WORK MAY BE STARTED

THE DOWN PAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE AGREEMENT PRICE, WHICHEVER IS LESS.

The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT.

FUTURE FINANCING NOT EXPECTED. If applicable, Buyer does not need to obtain financing for the unpaid balance of this Agreement. Buyer either has the cash on hand to pay for the entire project or has previously arranged financing and has the funds available. If buyer does not stop production prior to start, we will deem the payments as previously arranged, and no financing will be needed.

If any payment is not paid within ten (10) days of the due date, the unpaid payment, or portion thereof, shall bear a late fee of 2% per month from the due date of the payment until paid in full. Payments shall be credited first toward the late fee and then to principal.

SCHEDULE OF PROGRESS PAYMENTS (all are "upon completion of"): Roof Maintenance and Add on Projects:

Deposit: $0.00 (This is to conform to the “10%, not to exceed $1,000” rule with the CSLB) Substantial completion of maintenance project: 100% of the maintenance contract price. Substantial completion of remaining projects: 100% of each projects’ total.

Change Orders are payable upon approval.

LIST OF DOCUMENTS TO BE INCORPORATED INTO THE CONTRACT:

-     List of items and their descriptions as agreed to purchase on our website. This will act as the “Specifications”.

LIMITATION OF LIABILITY

READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHTS AND OUR LIABILITY. IT AFFECTS HOW DISPUTES ARE RESOLVED.

TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, CONTRACTOR’S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY) SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO CONTRACTOR UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES IN THE AGGREGATE TO ALL CLAIMS, REGARDLESS OF THEORY OR CAUSE.

CUSTOMER EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO RECOVER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, OR DAMAGE TO OTHER PROPERTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PARTIES ACKNOWLEDGE THAT THIS ALLOCATION OF RISK IS REFLECTED IN THE AGREEMENT PRICE AND THAT CONTRACTOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. CUSTOMER REPRESENTS THAT IT HAS HAD THE OPPORTUNITY TO CONSULT INDEPENDENT COUNSEL REGARDING THIS AGREEMENT.

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO: (A) CLAIMS FOR PERSONAL INJURY OR DEATH; (B) FRAUD, WILLFUL MISCONDUCT, OR VIOLATION OF LAW (AS PROHIBITED BY CIVIL CODE § 1668); (C) GROSS NEGLIGENCE; OR (D) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE CONSUMER LEGAL REMEDIES ACT (CIV. CODE § 1750 ET SEQ.) OR BUSINESS & PROFESSIONS CODE § 7159.

IF ANY PORTION OF THIS SECTION OR CONTRACT IS HELD UNENFORCEABLE, THE REMAINDER SHALL CONTINUE IN FULL FORCE.

COMMERCIAL GENERAL LIABILITY INSURANCE: The Seller carries commercial general liability insurance written by Navigators Specialty Insurance Company (The Hartford). You may call the insurance company at 855-444-4796 to check the Seller’s insurance coverage.

WORKERS’ COMPENSATION INSURANCE: The Seller carries workers’ compensation insurance for all employees.

LIMITED WARRANTY: The limited warranty provided herein excludes consequential and incidental damages and limits duration of implied warranties. (See Terms and Conditions.)

INFORMATION ABOUT THE CONTRACTORS STATE LICENSE BOARD

CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.

For more information:

VISIT CSLB’s website at www.cslb.ca.gov CALL CSLB at 1-800-321-CSLB (2752)

WRITE CSLB at P.O. Box 26000, Sacramento, CA 95826

NOTICE ABOUT EXTRA WORK AND CHANGE ORDERS:

Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments.

SAMPLE PRE-RENOVATION FORM

First, please visit one or more of the following sites to review the Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools booklet:

https://www.epa.gov/sites/default/files/documents/renovaterightbrochure.pdf

https://www.epa.gov/lead/renovate-right-important-lead-hazard-information-families-child-care-providers-and-schools Y en Espanol:

https://www.epa.gov/sites/default/files/2020-09/documents/renovaterightbrochure-esp-color-booklet_0.pdf

This sample form may be used by renovation firms to document compliance with the Federal pre-renovation education and renovation, repair, and painting regulations. Occupant Confirmation. Pamphlet Receipt. By signing this agreement and these terms and conditions, the owner acknowledges the following: I have received a copy of the lead hazard information pamphlet informing me of the potential risk of the lead hazard exposure from renovation activity to be performed in my dwelling unit. I received & reviewed this pamphlet before the work began.

MECHANICS LIEN WARNING:

Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property.

A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.

Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.

To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘20-day Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.

BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.

PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.

PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.

For other ways to prevent liens, visit CSLB’s website at www.cslb.ca.gov or call CSLB at 1-800-321-CSLB (2752).

Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.

NOTICE: Buyer has right to require Seller to have a performance and payment bond at Buyer’s expense.

START AND COMPLETION OF WORK:

Start = Beginning of Physical Work, which is substantial commencement of work, will begin within approximately 15 days after signing the contractual documents unless otherwise noted or communicated to the buyer. The necessary permit process involving the Governing Building Department and/or adverse weather may cause a delay before or during construction of which the Seller has no control. Mobilization is defined as the organizing of labor, goods, vehicles, etc. to begin a project, whether on site or before arrival.

Completion = Substantial Completion of Project, and construction will be substantially completed approximately 15 days after the start date unless otherwise noted, barring delays caused by reasons beyond Seller’s control which could not be reasonably anticipated. The first 15 days represent projects under $5,000 in value. For each amount of $5,000 of project value over the first $5,000 of project value, the project timeline will be extended by another 10 days. Example: a $14,000 project will have a completion time frame of 35 days (first $5k; 15 days + second $5k; 10 + third portion of $5k; 10 days = 35 days). Substantial completion is defined as the stage in the project when the work is sufficiently complete in accordance with the contract documents so that the owner can occupy or utilize the home for its intended use. Seller may at its option, cancel this Agreement by giving Buyer notice thereof without any penalty to the seller. Our anticipated schedule as noted above is predicated on having the appropriate amount of days available with conditions which are suitable for roofing work. There is no express or implied guarantee for the completion date noted above.

TERMS AND CONDITIONS

1.  Limited Warranty.

a.  SCOPE OF SERVICES AND WARRANTY (SERVICE AND REPAIR AGREEMENT) This is a service and repair

contract under BPC § 7159.10. Services are limited to preventive roof maintenance, including [list specifics: e.g., visual inspections, debris removal, minor adjustments]. THIS PROGRAM DOES NOT INCLUDE REPAIR OF LEAKS, WATER INTRUSION, STRUCTURAL DEFECTS, OR ANY WORK BEYOND PREVENTIVE MAINTENANCE. Any such issues

must be addressed under a separate repair agreement at additional cost.

b.  EXPRESS WARRANTY: Contractor warrants that all maintenance services will be performed in a skillful and workmanlike manner consistent with industry standards for preventive roof care. This express warranty lasts for 30 days from the date of each service visit. If a defect in workmanship is reported within this period, Contractor will re-perform the affected service at no charge (labor and travel only; materials excluded). THIS IS THE ONLY EXPRESS WARRANTY PROVIDED.

c.  IMPLIED WARRANTIES: To the extent required by law, services are subject to a 4-year implied warranty of good workmanship (BPC § 7091) and 1-year fit and finish warranty (Civ. Code § 900). Customer's sole remedy under implied warranties is re-performance of nonconforming services or, if infeasible, a refund of fees paid for the affected visit (capped at $750). No other remedies, including consequential damages (e.g., for leaks or property damage), are available.

d.  EXCLUSIONS: Seller is not responsible for the following, which are excluded from the coverage of this limited warranty:

(1) Manufactured materials or equipment installed as provided for in this Agreement are sold on an "as is" basis. (2) Work performed by, or materials or equipment installed by others not in this Agreement including structural changes, equipment or solar panel installation, power washing, painting, or the application of cleaning solutions, coatings, or other modifications. (3) Defects and failures from foot traffic, damage caused by objects (e.g., tree branches, resins or drippings, foreign objects), mistreatment, neglect, or vandalism. (4) Roof damage or leaks caused by pre-existing conditions, underlying structural failures, settlement, or any defective areas on or near the roof that are not part of the Roofing System. Examples include but are not limited to chimneys with loose or cracked mortar, damaged siding, faulty counterflashing, etc. (5) ‘Acts of God’.

e.  Buyer must provide seller with documented notification within 48 hours of any warranty item which needs correction. Does not include the removal of standing water after service has been completed.

f.  Any workmanship warranty here-under extends only to Buyer and is not transferable to subsequent purchasers of the real property or to Buyer's heirs, representatives, successors, or assignees.

2.  Agreement and Specifications. This is the entire Agreement. The parties are not bound by any oral expression or representation by any agent purporting to act for or on their behalf or by any commitment or arrangement not set forth herein. This Agreement binds jointly and severally all signing as Buyer, their heirs, representatives, successors, and assignees. The project shall be constructed according to specifications as noted. Seller shall be entitled to rely on the accuracy of the specifications provided by either the Seller or the Buyer. Seller shall be entitled to a change in the Cash Price and the agreement time if the plans and/or specifications contain errors. A reasonable allowance on all dimensions shall be allowed. All extra materials remain the property of Seller. Seller is not responsible for any existing illegal conditions. Any and all such corrective work if required by public bodies shall be paid for by Buyer as additional work under a separate agreement. Any notes entered by buyer at the time of signing the contract do not automatically become agreed upon by seller.

3.  Responsibilities of Seller - Conditions and Limitations. Seller shall do all work in a workmanlike manner. Seller shall be excused for any delay and may be entitled to an increase in the agreement time due to any of the following events, provided that such event is beyond the reasonable control of Seller: (i) acts of God including, but not limited to, wind, rain, flood, storm, landslide, subsidence, and earthquake; (ii) acts of neglect of Buyer; (iii) failure of Buyer to promptly process submittals, payment applications, or change orders; (iv) delays caused by work which is not the responsibility of Seller; (v) acts of neglect of separate contractors employed by Buyer; (vi) delays caused by public utilities or government or public bodies of their agents; (vii) material delays or embargoes; (viii) labor troubles, labor slow down, strikes, union activity causing reduction in productivity, none of which is caused or aggravated by Seller; (ix) fire; (x) delays in transportation; (xi) changes ordered in the work; (xii) m wrongful failure of Buyer to make payments to Seller required under the Agreement; and/or (xiii) other causes beyond the reasonable control of Seller, its employees, agents and subcontractors. Approval of work by an inspecting governmental agency is deemed to be completion of that work in a workmanlike manner.

4.  Additional Work. No additional work shall be done without prior written authorization of Buyer on a change order signed by applicable parties. The Cash Price shall be increased by the price of such additional work and Buyer will pay the same as agreed in the change order. Change orders are all payable upon approval, even if none of the physical work on said change order has been started or completed.

5.  Responsibilities and Representations of Buyer. Any change in specifications or construction necessary to conform to existing or future building codes, zoning laws, or regulations of inspecting public authorities shall be considered additional work to be paid for by Buyer. If Buyer authorizes access through other properties for Seller's use during construction, Buyer is required to obtain all necessary permissions and Buyer agrees to be responsible for and to hold Seller harmless from any risks thereof.

6.  Protection of Buyer's Property. Buyer agrees to remove or carefully protect any personal property, including, but not limited to vehicles, toys, furniture, BBQ, shrubs, lawns, trees, planters, potted plants or plantings, stucco walls or areas, lattice, patio covers or trellis structures, arches, gazebos, spas, Jacuzzis, open pools or spas, free standing walls or retaining walls, fences, railings, metallic surfaces, clotheslines, telephone lines, electric lines, doorbells, Cable-TV lines or units, satellite dishes or units, electronics, cameras, solar water heating panels or equipment (must be drained, disconnected and capped prior to start of job), light fixtures, decorative fixtures, any ground coverings such as patio or driveways, areas receiving foot traffic (such as decks, stairways, patios, driveways, etc.), all items directly below any roof surfaces such as in attic spaces or garages, and any wall hanging items unless otherwise specified in this contract. People and pets need to be secured for the entire duration of the project as to prevent unintentional injury. Seller shall not be held responsible for the potential damage to said items due to the nature of the project. Buyer is responsible to secure any personal property from damage or theft. This includes maintaining adequate security for the premises. Buyer is solely responsible to maintain insurance for any and all personal property, including jewelry, electronic equipment, window coverings, fixtures and furniture. In addition, Buyer covenants and agrees that Buyer will provide such sufficient security at the home so as to prevent any losses or breakage by others to any materials, supplies, and/or products delivered by Seller to the home to complete the work herein, including subsequent change orders. Buyer agrees to hold harmless, indemnify and/or pay for all losses suffered by Seller arising from the theft, damage, breakage, or any other loss incurred by Seller as a result of any such theft, damage and/or breakage of the materials or products delivered and stored at the home.

7.  Existing Conditions. Seller shall have no responsibility for correcting any existing structural defects, work done by others, material furnished by Buyer, dry rot, poor ventilation, poor workmanship of existing elements of the home, or code violations. Excludes damage to any wires or pipes that may have been installed within three inches of the roof decking. This contract does not include repair of any damage which occurred due to improper existing conditions.

8.  Escalation. The Contract Price has been calculated based on the current prices for labor and materials as of the execution date of this Agreement. Contractor agrees to use his best efforts to obtain the lowest possible prices from available material and labor suppliers. However, if a significant price increase occurs during the period of time between contract execution and substantial completion of the Project, the contract price shall be adjusted by an amount reasonably necessary to cover any increase in labor, materials or subcontractor’s invoices.

9.  Damage to Work or Premises and Cancellation. If any of the following occur from any cause beyond Seller's control, as to make it impracticable to complete the work, then either party may elect to cancel the work without liability except that Buyer agrees to pay to Seller an amount equal to the actual cost of all labor, materials, equipment and permits already furnished, plus 25% of the cost thereof: (a) substantial damages to work; (b) destruction of or substantial damages to the premises or structures thereon; and/or (c) work ordered terminated by a public authority. If the work is not cancelled or ordered terminated, all work necessary to replace work already performed shall be considered additional work to be paid for per the preceding sentence.

10.  Cancellation by Buyer. If Buyer cancels this Agreement at any time before completion of construction, Buyer shall be credited the amount paid to date for said services within 30 days. Further, if delays caused by the buyer exceed 4 months, and/or if the buyer does not respond to a written demand for performance within 10 days with their plan on how to get their project back on schedule which is approved by the seller, then Seller may deem the project to be cancelled by the Buyer.

11.  Assignment. Seller may assign this Agreement and assign or subcontract all or any portion of the work.

12.  Property Insurance. Buyer shall purchase and maintain, until final payment is paid, property insurance in the amount of the initial Cash Price, plus subsequent modifications, for the entire work at the site, written on an All-Risk policy form and shall name Seller as an additional insured. If the work, or any portion thereof, is destroyed or damaged by accident, disaster or calamity resulting from any cause, including the negligence of Seller or its subcontractors, Seller shall nevertheless be paid for all work completed, work in progress, and the cost of the work as of the date of the calamity, including an appropriate percentage (based on percentage of completion) of the Seller's overhead and profits earned to date of the calamity, to the extent covered by said All-Risk policy, so long as the loss is a covered loss under the Buyer's All-Risk policy. At the option of the Buyer, this Agreement may be terminated under such circumstances, or the work may be rebuilt under the terms of this Agreement, with appropriate adjustments for price, specifications and schedule.

13.  Right to Stop Work: Seller shall have the right to cease work if any amount due Seller has not been paid when due. Seller reserves the right to stop work and collect on all amounts owed under California Prompt Payment Laws (Civ. Code

§§ 8810–8818) or any other procedure allowed by law in California.

14.  Pollution. Excludes any and all damages due to ‘pollution’ (i.e. mold, bacteria, fungi, allergens, fumes, VOC’s, etc.) either directly or indirectly related to this project; labor, materials or otherwise.

15.  Quality. Resilient Roofing has agreed to perform the following work in a reasonable accordance with the NAHB Residential Construction Performance Guidelines; 6th Edition. (http://www.nahb.org/) Note: The words roof and roofing, as they pertain to the agreed upon project, are in reference to the products and labor used to waterproof a building’s envelope. There is no intention to remove, replace, repair or otherwise affect of the building structure, including that of the roof structure unless otherwise specifically noted as included and agreed upon by both the buyer and the seller. The reason these NAHB guidelines are used is the fact that our projects often include more than just roofing in them.

16.  Severability. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

17.  Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements, and other relief to which the prevailing party may be entitled by law.

18.  Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, without regard to any conflicts-of-law principles that would require the application of any other law. Disputes, if any, shall be resolved by the Superior Court of the State of California in a County with proper venue.

19.  General Conditions:

a)  This contract shall take precedence over any sketches, renderings, views, plans, summaries, emails, voicemails, correspondence, marketing, offers, coupons, etc. Any other alternatives and/or options, unless they are expressly spelled out within the contract documents, are to be excluded.

b)  This contract may not include the materials and labor needed for a complete project. Please read them completely so you fully understand what is included and what is not.

c)  Help us avoid misunderstandings. Any discussions, marketing materials or presentations that occurred prior to the signing of this contract which involve any changes, additions or deletions are preliminary in nature and usually include the offering of multiple alternatives for your consideration. This contract is intended to reflect only that which was agreed upon. Any other alternatives and/or options, unless they are expressly spelled out within the contract documents are to be excluded. This includes any flyers or documents pertaining to said offers but not included in the contract itself.

d)  Resilient Roofing, Inc or its trade partners may also be referred to as the “Seller”, “Trade Partner” or "Contractor" in the contractual documents. The term "Owner" may also be referred to as the “Buyer” or “Homeowner” and includes any representative designated by the Owner to act on his/her behalf in the absence of the property Owner.

e)  Excludes HOA fees and processing if required. All approvals must be obtained by the buyer prior to the start of work.

f)  Excludes permits and processing unless otherwise clearly specified. Owner to obtain all applicable permits and schedule inspections with the Building Department. Owner to notify Resilient Roofing of any failed inspection so we can address any corrections, as long as we had the specific item in question included in our contract. Resilient Roofing cannot include any additional items requested or required by the Building Department or other government body.

g)  If we do have the costs for permits included, the owner(s) authorize(s) Resilient Roofing to sign any notes on the permits as a representative of the owner(s) if required by the building department.

h)  Any materials or colors not selected by the time of that materials' install or application will be determined by Resilient Roofing in order to keep the project moving forward. Any costs associated with these materials and any desired re-application will be the responsibility of the owner.

i)  A Mobile Storage unit may be available at an additional cost to secure materials, furniture, etc.

j)  Temporary fencing, scaffolding, or other equipment is excluded from this project. If any area requires equipment to access, those areas’ service will not be performed.

k)  Work area for construction is 10' around all work areas. This may be increased due certain projects.

l)  Owners to make sure that all access areas will be kept 5’ wide for construction (Per CAL-OSHA standards).

m)  Work site to be available for Resilient Roofing’ access until completion and owners do not need to be present for the service. Owners give Resilient permission to access the site as needed for service.

n)  Resilient Roofing cannot be held responsible for any time overruns or delays caused by discovery items, owner changes, or owner selections.

o)  Project is included in a single phase and single trip, with the order of completion to be determined by Resilient Roofing.

p)  Owners agree to contain all pets during the entire construction process. Resilient Roofing is not responsible for aggressive or escaping pets.

q)  Owner agrees to allow Resilient Roofing to place a job sign(s) on the property, and send notification mailers to surrounding homes, if desired by Resilient.

r)  Owner to maintain and provide power and water for the entire duration of construction and allow Resilient Roofing and its trade partners to utilize said utilities during construction.

s)  Owner agrees to allow Resilient Roofing to photograph and/or video the entire project including the house if desired and publish desired photos & videos for marketing.

t)  Resilient Roofing does not include any dumpsters for this project. Any debris removal performed for this project is assumed to be minimal, and fit in normal trash bags, up to three are included.

u)  Existing driveway, sidewalks, walkways, landscaping, etc. may be impacted during construction. Resilient Roofing cannot take responsibility for damages caused by construction deliveries, traffic, parking, storage, etc.

v)  Resilient Roofing is not responsible for existing, concealed conditions that may be revealed during construction. Examples of existing conditions are (but not limited to) plywood, eaves, fascia, starter board, soffits, rafter tails, trusses, posts, beams, fireplaces, brick, block, stucco, siding, etc. If any existing, concealed conditions interfere with completion of this project, they will be an additional expense to the owners. The owner will be advised as soon as practically possible and will be responsible for the costs associated with said repairs.

w)  Does not include spray painting of roof penetrations, new sealant or exposed flashings unless specifically noted. If included, please note that some spray paint may get on the roofing. This is normal and deemed acceptable.

x)  Excludes any new wood unless specifically noted, and if included; the staining, painting, or sealing of any new or repaired wood is excluded.

y)  Includes sealing up to and around existing HVAC system components on the roof as needed, but excludes any repair, replacement, removal, installation or re-installation of said components.

z)  Phone, cable and electrical wiring to remain, and may come loose during our service. Owners to have their phone, cable and electrical companies correct this if necessary.

aa)  Some projects require the modification of stucco, brick, siding, stone, concrete, etc in order to provide adequate flashing for our roof service. Excludes damage to, or repair of the above mentioned material finishes.

ab) As a service to our clients, we will clean up after our service. While it is our intention to leave you with a clean and complete project, you may find debris left over during and after construction, please bring it to our attention to have it remedied as soon as possible.

ac) While every effort will be made to match existing materials, textures, colors and planes, exact duplication is not assured.

ad) Excludes venting or potential future condensation issues caused partially or fully by existing conditions.

ae) New nailing, edge metal and/or flashing may adversely affect, or leave exposed, existing trim work around house including but not limited to; fascia, eaves, crown, soffit, rafters, rafter tails, starter board, tongue & groove, plywood, trusses, etc. We must install our new materials, therefore this potential damage and/or exposure is deemed normal and acceptable.

af) Any existing satellite dishes or other TV, phone or other antennas or equipment may require removal and re-installation and may be adversely affected during the project. Excludes any rework, replacement, resetting, or reprogramming of said equipment.

ag) If any particular slope of the roof structure is less than 2/12, Resilient Roofing must use a torch down, self-adhered or rolled roofing system approved for such a slope even if our agreement mentions a different material. If any particular slope

of the roof system is less than 4/12 and greater than 2/12, Resilient Roofing must use a double underlayment. Note, Resilient Roofing reserves the right to alter any of the above-mentioned best practices as we see fit for each project.

ah) No guarantee is expressed or given to the matching of materials, profiles, colors or styles. There are a lot of factors that can affect the matching of materials and therefore Resilient Roofing cannot take responsibility for matching any new or existing materials.

ai) Use of Contractors’ equipment by buyers is prohibited. Buyers agree not to handle or use Contractors' ladder or any other equipment. Should customer use Contractors' ladder or equipment he/she in violating the terms of this contract and agrees to hold contractor harmless for any injuries he may sustain while using such equipment.

aj) Ponding of water and sagging can only be corrected by structural reinforcement. Contractor is not responsible for correcting existing roof surfaces to relieve a roof of still water or to eliminate ponding or sagging unless specifically stated in additional instructions of this contract.

ak) Owner understands that performance of roofing service work completed during periods of adverse weather may result in water infiltration and damage. Additionally, damages occurring during periods of sustained weather, or weather outside of the ‘normal’ weather for our climate is excluded.

al) Any existing gutters, downspouts, etc may not be able to be saved or reused. They may require removal and re-installation which will be an additional expense to the owner. Any of this equipment left in place during our project may be adversely affected during the project. Excludes any rework, replacement, or reinstallation of said equipment.

am) Existing materials that will stay after the project or re-used may be damaged during our project. No guarantee of their condition or replacement is given.

an) If the option to include gutters is approved by the client, and unless otherwise specifically mentioned, “gutters” refers to a 5” K style seamless rain gutter system with 2”x3” corrugated downspouts. The area or amount of gutters will be mentioned on the contract, but if not, we include them on the down slopes of the roofing areas that we are working on. Standard color is white, brown or gray with matching downspouts which will be selected by Resilient Roofing if not previously selected by buyer. Location of downspouts to be determined by Resilient Roofing or its trade partners. Note; gutters may hold up to 1” of water after a rain which is common due to the extremely low slope needed for gutters. Miters (corners) included as ‘box’ miters and not custom cut. Does not include any radius cuts or installation.

ao) If the Eaves & Fascia Painting option is selected and approved by the owners, Resilient Roofing will paint the fascia and eaves using 1 coat of 1 color. Color to be selected by the owner before the roofing project begins, otherwise we will use standard colors. No patio covers, gazebos, trellis’, or other woodwork is included.

ap) If the Exterior Painting option is selected and approved by the owners, Resilient Roofing will paint (including basic prep; putty & caulking) exterior walls and wood around the entire home. Does not include the interior faces of any exterior doors; only what is exposed. Option includes 1 coat of 1 color for the wood trim and 1 coat of 1 color for the walls.

aq) All painting Excludes any and all primary colors (red, yellow, blue). Any and all interior painting, putty, caulking, sanding, masking and primer is excluded from this contract.

ar) All painting projects include a 30 day workmanship warranty.

as) Resilient Roofing is not responsible for variances in wood grain or color. Owners understand that all wood and other building products and materials may accept paint or stain differently, causing variances in color and shade. This process is normal and deemed acceptable under Traditional Building Practices.

at) For any tile work, bird stops are not intended to be included.

au) Some materials and components specifically included in the project details may not be readily available at the time of installation. Resilient Roofing reserves the right to substitute said materials to standard and equivalent materials.

av) Resilient Roofing cannot install any products not provided by our company, unless previously agreed upon within the contract documents.

aw) The formation of a “tobacco-juice” residue, so named for its color, has been widely attributed to the weathering of asphalt roofing materials (i.e., roof coatings, base and cap sheets and shingles – to name a few) and is a normal occurrence and deemed acceptable. It is no fault of the manufacturer or the installer.

ax) Any new roof penetration (i.e. skylight, vent, flashing, sola tube, solar mount, etc.) must be installed in a proper location up on the roof in order to guarantee a leak free roof. Resilient Roofing will install those in our recommended areas unless directed otherwise by client. If we do not or cannot install in a proper location, the leak free guarantee is voided.

Similarly, many items need to be installed onto or within existing framing members. This is a normal, accepted practice. Further, any new skylight installation only includes the ‘top work’ only, and no interior framing, drywall, trim, etc.

ay) Unless specifically included, our agreement excludes the removal, relocation, modifying, installation or re-installation of any items/systems located on or around the roof; which could affect our roof project. These include, but are not limited to; solar, HVAC, plumbing, electrical, storage, A/V, satellite, cable, phone, data, antenna, etc. If owner selects to hire us at an additional cost to perform any of the above work, we cannot and do not offer, imply or otherwise warranty any such work. Further, we cannot take responsibility for voiding any existing warranties by touching said work.

az) Roof top work can loosen any improperly installed vents. Some of the vent piping or other vents could become or may already have been dislodged from their connection in the attic. This is deemed normal and acceptable. These include but are not limited to, heater, water heater, bathroom fan, laundry, kitchen hood, plumbing, etc. Please check the connection immediately upon project completion and let us know if they are loose and we will re-connect them for you. An unconnected exhaust vent can cause serious injury or even death by cO2 fumes or fire.

ba) Foot traffic on a roof is expected for inspections, repairs, service, etc. We must walk on the roof during and upon completion for the same reason which is normal and deemed acceptable. Some wear and tear is to be expected, but any excessive traffic on the roofing will lead to damage, the repair of which is specifically not covered in this agreement. An example of this is when a roof is improperly used as a ‘deck’ surface. Improper use of a roof is not covered by any warranty.

bc) No prevailing wage rates are included in this contract unless clearly stated otherwise.

bd) If a new electrical panel is included, it is to be installed in the same location as the existing panel. Owner agrees to pay the increased costs if SDG&E or the governing building department requires it to be moved. Does not include upgrading the feed (conduit) for the new panel and does not include any trenching, stucco, siding, paint, etc.

be) All copper products have unique traits. Any soldering will heat up the copper and discolor it. This is normal. Further, fingerprints and handprints will be visible after installation, and we do not include cleaning or treating any copper. Both examples will be visible for about 2 months after installation (depending on weather), when the copper naturally changes colors and becomes more uniform. This is also normal. Note; copper is only included if specified in contract.

bf) Whole House Fans. If a new house fan is included in this contract, Resilient or it’s trade partner to determine the best location for the intake and motor. Includes installation in our recommended location and includes the electrical needed for that installation. Does not include any framing, drywall or any other work to install it outside of these inclusions. Please see other areas of these terms and conditions for additional exclusions which apply to the installation of house fan, if any.

bg) If client chooses to pay for their project from the proceeds of the sales of a house, Resilient Roofing will waive any late fees on the payments, if the amount is paid in full within 30 days. Client to give Resilient Roofing the escrow information and approve all payment requests.

bh) Owner agrees to make timely decisions as needed to facilitate the project schedule. bi) Owner agrees to treat all others with courtesy, respect, and a positive attitude.

bj) Please note that some manufacturer warranties do require follow up trips, inspections, touch ups, maintenance, etc. This contract specifically excludes any said additional work, unless it is specifically covered by our workmanship warranty. Owner is responsible for contacting us, or another licensed roofing company to perform any necessary work to maintain such a manufacturer warranty.

bk) Resilient Roofing reserves the first ‘right to remedy’ any issue or potential issue that may arise, and cannot take responsibility for any work performed outside our company. While this is similar to the right of first refusal, our inability to perform work in a timely manner does not equate to a refusal.

bl) If any payment is due and the buyer has failed to make the payment due to incomplete work, the seller may allow the buyer to hold 2x (two times) the appropriate cost to remedy or complete the incomplete work, but no more.

bm) Any notes written on the contract by the Buyer will need to be reviewed by the Seller, and are not automatically included or incorporated into the agreement.

bn) Owner to ensure that any materials ordered will meet or exceed any particular codes including overlay zones such as brush management, wildland-urban interface, fire hazard severity zones, etc.

THREE-DAY RIGHT TO CANCEL

You, the buyer, have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.

As per SECTION VI. LICENSE LAW, RULES, REGULATIONS, AND RELATED LAWS from the 'California Contractors License Law & Reference Book, 2022 Edition' CHAPTER 12. BUSINESS AND PROFESSIONS CODE, Section (6)(B)(ii) says; "References to “three” and “third” in the notice set forth in clause (i) shall be changed to “five” and “fifth,” respectively, for a buyer who is a senior citizen."

Note: This clause may not be applicable to repair contracts.

EACH BUYER ACKNOWLEDGES THAT: (1) BEFORE SIGNING THIS AGREEMENT, BUYER RECEIVED AND READ A LEGIBLE, COMPLETELY FILLED-IN COPY SIGNED BY SELLER, OF THIS AGREEMENT, WHICH INCLUDES THE PROVISION “MECHANIC’S LIEN WARNING” AND THE NOTICE OF CANCELLATION AND WAS ORALLY INFORMED OF BUYER’S RIGHT TO CANCEL; (2) BUYER UNDERSTANDS, APPROVES AND AGREES TO BE BOUND BY ALL OF THE PROVISIONS HEREOF, INCLUDING THE TERMS AND CONDITIONS AND THE SPECIFICATIONS AND (3) THIS IS THE ENTIRE AGREEMENT AND NO PROMISE WAS MADE WHICH IS NOT CONTAINED HEREIN.

EACH BUYER HAS READ, UNDERSTOOD, AND APPROVES ALL PAGES HEREIN. EACH BUYER REPRESENTS THAT THIS IS THE ENTIRE AGREEMENT AND THAT NO PROMISE WAS MADE WHICH IS NOT CONTAINED HEREIN