The following Terms and Conditions are incorporated into and made a part of the Proposal from Ruff Construction LLC, d.b.a. Ruff Roofing (“Contractor”) and, once the Proposal is accepted by You, as owner, general contractor, contractor, manager or agent (collectively, the “Owner”), the Contract between the parties (the “Contract”) to perform the work (“Work”) described therein. No hand-written terms or conditions made to or inserted in the Contract by any person, including the Owner or the person signing the Contract on behalf of the Owner, are or become a part of the Contract unless approved and countersigned in writing by the Contractor. The Contract and these Terms and Conditions represent the entire and integrated Contract between the parties hereto and supersede all prior negotiations, representations, advertisements, or Contracts, either written or oral. The Contract and these Terms and Conditions are the only documents describing the Work and establishing the rights and liabilities of the parties and no other document or understanding or course of dealing apply to the interpretation of the Contract. The Contract and these Terms and Conditions represent the final Contract between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral Contracts of the parties. There are no unwritten oral Contracts between the parties. The Contract and these Terms and Conditions cannot be amended except by Contract in writing signed by the party against whom enforcement of the amendment is sought.

1. The Owner warrants that it is the owner of the property or is the owner’s duly authorized property manager; that it is authorized to enter into this Contract; and that the Contractor is permitted to enter upon the property and to perform the Work.
2. This proposal is subject to change without notice and is automatically withdrawn on the 15th day following its date of issue if not accepted in writing and a copy of this proposal returned to Contractor.

The Owner may cancel this contract within 3 days of the signature date without penalty.

If the Contract is cancelled after the 3 days from signature date, Customer is liable for 15% of the total Contract price as liquidated damages, because Contractor is unable to accurately measure its damages for the cancellation of the Contract. Customer and Contractor agree that this amount is not a penalty. Contractor reserves the right to withdraw this proposal at any time prior to its acceptance or cancel this Contract prior to work start to be performed in the event the cost to complete the work varies from the initial standard pricing due to a typographical or mathematical error. As used in this Contract, (a) the word “or” is not exclusive, (b) the word “including” is always without limitation, (c) “days” means calendar days and (c) singular words include plural and vice versa.

3. The Owner is entitled to a copy of this contract at the time of signature.
4. Upon signature of Owner and Contractor this proposal becomes a binding contract and is the entire contract between parties. All change orders shall be in writing and signed by the Owner.
5. Contractor shall obtain all licenses and permits necessary for the work to be performed at the owner’s expense.
6. Warning: Roofing operations are at times noisy and may cause unavoidable vibrations. Owner should protect or remove any valuables which might be dislodged from walls, shelving or ceilings and calm or relocate pets as needed during the roof installation.
7. Contractor may, at its discretion, engage subcontractors to perform work hereunder, provided Contractor shall fully pay subcontractor and in all instances remain responsible for the proper completion of this contract.
8. Owner shall supply water and electricity as needed and provide suitable access to the property. Contractor assumes no liability for cracks to driveways, sidewalks, or for damages to landscaping. Contractor will take precautions to minimize these potential problems. If necessary, tree trimming is the Owner’s responsibility (unless otherwise stated in this contract).
9. Contractor shall not be liable for any delay due to circumstances beyond its control, including strikes, casualty, or unavailability of materials and inclement weather. If roofers are unable to access the property at the pre-scheduled time, there will be an additional rescheduling fee of $75.00
10. Contractor will take reasonable care to disconnect any mechanical equipment that must be moved during the roofing work. Contractor is not liable for failure of the equipment to operate properly after reinstallation, including but not limited to air conditioners, swamp coolers, duct work and stands, P.V.C. and water lines, solar units, skylights, pest control devices, satellite dishes and realignment of same.
11. Because ponding and standing of water are caused by factors such as inadequate drainage, deflection and insufficient slope which are beyond the control of Contractor, the Contractor shall not be liable for ponding or standing of water on the roof. If Owner should require an additional estimate to help resolve the problem, Contractor will furnish such estimate at Owner’s request.
12. The weight, thickness, color, and other qualities of materials are approximate and are subject to normal industry variation. This proposal is based on a complete job; surplus materials remain the property of Contractor and will be removed in a timely manner.
13. Upon completion of the work, the Owner may inspect the work. If it is deemed unsatisfactory, the Owner may inform Contractor. Final payment or failure to inspect within 3 days constitutes acceptance.
14. Payment is due upon completion of the job. Owner shall pay the final balance upon issuance by Contractor to Owner of a Certificate of Completion. If payment has not been made within 10 days of billing, a late penalty of 10% of the unpaid amount will apply. Finance charges of 1.5% will be assessed after 10 days and each 30 days thereafter. In such case, Contractor may take action, possibly filing a lien, to enforce payment of the agreed price. In addition to any and all other amounts due and payable hereunder, and in the event Contractor employs legal counsel to collect any such amounts outstanding, Contractor shall be entitled to reimbursement from Owner for any and all reasonable costs of collection, including reasonable court costs and attorney fees.
15. Contractor accepts VISA and MasterCard for payment. However, an additional 3% charge applies to such transactions.
16. The warranty is solely for the benefit of the Owner. Please contact Contractor to discuss warranty transfers. In order to transfer a warranty, a fee of $250 is to be paid to Efficient Roofing by the party desiring the warranty.
17. Contractor’s warranty is limited to repairing and replacing the roofing material only. Excluded from this warranty are interior damages to the building or its contents including damages caused to the roof by others, or fire, or by Acts of God. The replacement of broken tile does not warranty against leakage unless the underlayment is also replaced. The Owner agrees to maintain homeowners or property insurance and in the event of damages to or loss of property, agrees to make an appropriate claim with their insurance company.
18. In no event, whether based on contract, warranty (express or implied), tort, federal or state statute or otherwise arising from or relating to the work and services performed under the Contract, shall Contractor be liable for special, consequential, or indirect damages, including loss of use or loss of profits. Contractor and Customer agree to allocate certain of the risks so that, to the fullest extent permitted by law, Contractor’s total aggregate liability to Customer is limited to the dollar amount of the Contract for any and all injuries, damages, claims, expenses or claim expenses including attorneys’ fees arising out of or relating to this Contract regardless of whether it is based in warranty, tort, contract, strict liability, negligence, errors, omissions, or from any other cause or causes. It is Customer’s duty to notify Contractor in writing within three (3) daysof the occurrence of any claim, defect or deficiency arising out of work, services or materials provided by Contractor under this Contract (“Occurrence”). Failure of the Customer to provide written notice of the Occurrence shall result in the Customer waiving all claims that may be brought against Contractor arising out of or relating to the Occurrence, including claims arising in law, equity, contract, warranty (express or implied), tort or federal or state statutory claims.Contractor shall not be liable for any damage, whether actual or consequential, or claim arising out of or relating to Acts of God, accidents, civil disturbances, epidemics, pandemics, federal, state or local law, regulation or order; jurisdictional disputes, failure or delay of transportation, shortage of or inability to obtain materials, equipment or labor; fires, vandalism, weather conditions, strikes, war or other causes beyond Contractor’s reasonable control, including delays caused by any act or neglect of Customer, by any separate contractor employed by the Customer, or by changes ordered by the Customer in the work.  Customer shall obtain prior to construction fire, tornado, flood, builder’s risk and other necessary insurance for this project.
19. Contractor shall not be held liable for drywall, plaster, or stucco cracking caused by change or additional weight during or after roofing or repair. Contractor is not responsible for stucco leaks unless specifically addressed in this proposal.
20. If any provision of this contract is deemed invalid or unenforceable, the enforceability of the remaining provisions will not be affected.
21. In the event of a dispute that cannot be resolved through negotiation, parties agree to submit the dispute to binding, non-appealable arbitration in Harris County, Houston, TX subject to the Texas Rules of Procedure for Arbitration and paid for equally. In the event of legal action, the Owner agrees to pay reasonable attorney fees, court costs, and collection fees.
22. To obtain performance of any warranty obligation the contract must be paid in full; then the Owner must notify Contractor of any repairs required through certified mail at the address listed on reverse. Contractor shall then have 90 days to make repairs. Replacement and/or repairs furnished under this warranty do not carry a new warranty, only the unexpired portion of the original warranty.
23. If another company causes damage to a roof or a roofing company performs work on a roof that Contractor has originally done work on, it will immediately void the original warranty from Contractor.

INSURANCE CLAIMS

24. Contractor reserves the right to file for supplemental claims due to material or labor price increases, missing materials or labor charges, or if insurance measurements are proven to be incorrect.
25. Contractor is empowered to contact homeowners insurance carrier and meet with their representative in order to negotiate the payment (as to the amount of damage to listed property), and to discuss the repair or replacement work to be done on the property. Upon insurance carriers and Contractor contract to the extent of damages and the cost of fixing them, then may work begin on said property.
26. Homeowner also agrees to provide all necessary documentation for claim, also providing all pertinent documentation to facilitate payment from insurance carrier and/or Mortgage Company
27. WOOD REPLACEMENT CHARGES (PAINT NOT INCLUDED – ASSUMES ROOFING IS ALREADY REMOVED, IF ROOF MATERIALS NEED TO BE REMOVED THEN WOOD REPLACEMENT PRICES DOUBLE). In order to bring roof up to code, Contractor will replace any deteriorated wood that cannot hold a nail, (with owner’s verbal consent.) Plywood replacement is per full sheet or any portion thereof. If your roof deck is weak or deteriorated to the point that workers step or fall through the deck the Owner is responsible for any damages that may occur to the ceiling & contents. A minimum charge of $50, plus standard length wood will be in effect.

TILE

28. Due to circumstances beyond our control (color fading, discontinued tile, etc.) tiles replaced will not match exactly. We do not identify chipped tiles or hairline cracks as defects. The tile is only the protective covering; the felt underlayment is the waterproofing membrane. Although the concrete tile may last up to 50 years, the felt underlayment may last no more than 15-20 years. Bird stop and ridge closure if requested.

HAZARDOUS MATERIALS

29. In the event Contractor or and subcontractors hired by Contractor encounters any hazardous materials while performing the work, we may stop work until such time a fee has been negotiated with homeowner and subcontractor for the removal of the hazardous material. Hazardous materials shall mean any materials that because of it quantity, concentration, or physical chemical characteristics may pose a real hazard to human health or the environment. Hazardous materials shall include but not be limited to, flammable and combustible materials, toxic materials, corrosive materials, aerosols, compressed fades, mercury, asbestos, bulk fuels, and medical waste and chemical, biological and radiological materials.
30. Contractor reserves the right to add an addendum to this contract at any time and all non-roofing trades and subcontractors such as painting and drywall etc. will have additional terms and conditions written on the back of the work scope and will also be an addendum to these terms and conditions.