Terms and Conditions

Terms and Conditions – LARGER PRINT IS AVAILABLE UPON EMAIL REQUEST

This agreement and any agreement executed in writing pursuant thereto (this “Agreement”), is entered into between Knez

Consulting, LLC d/b/a All Square Roofing (“Company”), and the property owner(s) or property owner’s representative(s)

set forth on the reverse side hereof (“Customer”). Customer hereby certifies that Customer is the Authorized Agent of the

property described in this Agreement. This Agreement is subject to the laws of the State in which it has been signed and

executed. Customer’s signature signifies acceptance of all terms and conditions of this Agreement.

1: AGREED PRICE: The Customer and Contractor agree to the scope of work listed within this agreement or any listed

attachments listed or included with this Agreement packet. Due to the sensitive nature of construction the Customer

authorizes change orders of up to 10% of the Agreement price without written approval to avoid any potential damage

from not acting immediately. Anything over 10% of the Agreement price a written and accepted change order is

necessary.

2: PAYMENT TERMS: The Customer agrees to pay the Contractor for the Work based on the following payment

schedule: 50% of the total project cost is due as a deposit upon signing this Agreement. 25% of the total project cost upon

work commencing. 25% of the total project cost plus any additions and change orders are due thirty (30) days after the

Customer is delivered the final invoice and the project is substantially complete. Failure to make payments as outlined in

this Agreement may result in delays or suspension of the Work until payments are received as outlined.

3: MATERIALS: All materials provided by Company will be standard stock materials, unless otherwise specified, and

will match existing materials within reasonable tolerance as to color, texture, design, etc. Notwithstanding the foregoing,

other products and materials may be substituted for equivalent products due to availability. All excess materials remain

the property of Company.

4: ACCESS: The prices and terms of Company’s estimate and this Agreement are based upon completion of the work

during normal working hours, and Customer agrees to provide Company access to Customer’s property as required for

completion of the work. Customer will be responsible if any interruption of Company’s work results from Customer’s

failure to provide reasonable access or due to the acts or negligence of others not under Company’s direction, Time will be

billed at One Hundred and Fifty ($150) per billable work hour and any other reasonable expenses accrued for disruption to

work outside of Company’s control. Company shall not be responsible for damages arising from delay due to inclement

weather, strikes, fires, accidents, delays in shipments or delivery of materials, or any causes beyond Company’s

reasonable control. Customer agrees that Customer’s electricity and water will be made available to Company’s personnel

during the course of the work. Company shall not be responsible for protection of Customer’s property, except to provide

that protection which is specifically called for under the specifications provided by this Agreement. Customer also agrees

to remove, store and/or protect personal property during Company’s work. Customer will manage and be responsible for

protection of vehicles and property exposed to damage by Company’s work.

5: JOB COMPLETION: Job completion shall be the date on which Company’s work is substantially finished or the date

of Company’s last item of work at the property, whichever is earlier. In the event Customer chooses not to pay for a part of

the work, an individual line item, or a trade, Customer forfeits any warranty implied or given associated to the work

performed in this agreement. Company shall complete the job within the timeframe specified within this agreement plus

any days in which the agreement has been delayed including but not limited to weather delay, material delay, labor delay.

6: WARRANTY: Company provides a 10-year limited workmanship warranty from the date of completion per trade.

This warranty excludes unreplaced skylights. Company is responsible for all components that were installed by the

Company. The 10-year warranty in contingent on an annual maintenance plan. If the maintenance plan is not completed,

then the warranty reverts to a nonrenewable 1 year limited workmanship warranty. If Company is not paid in full in

accordance with this Agreement, all such warranties are null and void.

7: HAZARDOUS MATERIALS: Nothing contained in this Agreement shall be construed to require Company to

determine the presence or absence of any hazardous materials or asbestos-containing materials affecting the property or to

require Company to remove or protect such materials. In the event that Company learns of the presence of such materials

on Customer’s property, Company reserves the right to immediately stop work and negotiate a change order for such

additional work as may be required. In addition, this Agreement does not include, unless expressly specified, any

asbestos/mold abatement, removal or cleaning. If asbestos/mold is found existing on the Customer’s property, any cost to

abate, remove or clean shall be paid by Customer as an additional cost plus 10% Overhead and 10% Profit paid to the

Company. Any warranty provided under this Agreement does not include the cost to abate, remove or clean mold that

may be found on Customer’s property in the future.

8: LIABILITY: Company is not responsible for damage or loss caused in whole or in part by: the acts or omissions of

other parties, trades or contractors; lightning, high winds (+50 m.p.h.), hailstorms, ice dam damage, ice, hurricanes,

tornados, floods, earthquakes, manufactured damage or other unusual phenomena of the elements; structural settlement

failure, movement, cracking, nail pops or excess deflection of the roof deck; defects or failure of materials used as a roof

substrate over which Company’s roofing material is applied; faulty condition of parapet walls, copings, chimneys,

skylights, vents, supports or other parts of the building; vapor condensation beneath the roof; penetrations for pitch boxes;

erosion, cracking and porosity of mortar and brick; dry rot; stoppage of roof drains and gutters; penetration of the roof

from beneath by rising fasteners of any type; inadequate drainage, slope or other conditions beyond the control of

Company which cause ponding or standing water; termites or other insects; rodents or other animals; fire; or harmful

chemicals, oils, acids and the like that come into contact with Customer’s roof and cause a leak or otherwise damage

Customer’s roof. If Customer’s roof fails to maintain a watertight condition because of damage by reason of any of the

foregoing, any applicable written limited warranty shall immediately become null and void for the balance of its term.

Company accepts no liability to indemnify or hold Customer harmless for claims or damages to persons or property,

except to the extent that such damage occurs during performance of Company’s work and are the direct result of

Company’s error or omission.

9: EXCLUSIONS: Notwithstanding the above, Company shall not be responsible for damages to any area of the property

upon which Company’s work has not been completed nor is Company responsible for slight scratching or denting of

gutters, oil droplets in driveways, fractures in concrete, damage to flowers or landscaping, or minor broken branches on

trees, plants or shrubbery, damage to septic tank systems, sprinkler systems or underground water/sewer lines, nails or

other debris on the property. In no event shall Company be responsible for any type of damage resulting from vibrations,

including, but not limited to, interior drywall damage, nail pops or disconnection of chimneys, flues, air ducts, ventilation

shafts, exhaust vents, furnace vents or sewer vents. Company is not responsible for damaged electrical, cable, A/C, or

plumbing lines installed within 6 inches of the roofline. Company is not responsible for the removal, installation or

functionality of satellite dishes. Customer understands and agrees that Company shall have no responsibility for damages

of any kind to persons or property occurring after job completion.

10: HOLD HARMLESS: Customer agrees to hold Company harmless in connection with the work described herein and

that Customer’s maximum recourse shall be, and Company’s maximum liability under this Agreement shall be limited to,

the amount Company billed to Customer. Customer understands and acknowledges that Company does not warrant or

guarantee previous workmanship or pre-existing materials, nor any materials or labor not originally provided by

Company. Company shall not be responsible for latent defects in materials supplied. Company shall not be responsible

for rework because of the acts or errors of others. Company shall not be responsible for any damage caused by other

components not being installed to code.

11: THIRD PARTY PROVIDER: Company may and can hire, use and/or contract with subcontractors, vendors, and/or

other individuals or entities to lease or furnish labor, services, material equipment, or machinery to, or on behalf of

Company in connection with the repair or replacement of Customer’s property.

12: BREACH OF CONTRACT: In the event Customer breaches this Agreement, Customer agrees to pay Company: a)

in full based on this agreement and work completed b) One Hundred and Fifty ($150) per hour for all time spent on this

project working, communicating, coordinating, etc and Material for all work and materials provided by Company as of the

date of such breach; c) a fee equal to twenty percent (20%) of the Agreed Price for work not completed, which represents

the parties reasonable estimation of damages to Company due to such breach and is not a penalty (the “Liquidated

Damages”) d) The parties acknowledge and agree that Company’s harm caused by Customer’s breach would be

impossible or very difficult to accurately estimate at the time of entering into this Agreement, and that the Liquidated

Damages are a reasonable estimate of the anticipated or actual harm that might arise from Customer’s breach.

13: PAST DUE AMOUNTS: Customer agrees to pay a service charge of Eighteen Percent (18%) per annum

compounded monthly at a rate of One and One Half Percent (1.5%) per month or the maximum amount allowed by law,

whichever is less, on all balances thirty (30) days or more past due. Customer also agrees to pay for all collection fees, up

to and including employee time at a rate of One Hundred and Fifty dollars ($150) and expenses and all attorneys’ fees and

costs Company incurs in either collection of and/or protection of its interests in Customer’s past due account.

14: PRE-LIEN NOTICE: Company hereby provides notification that any person or company supplying labor or material

for this improvement to your property may file a lien against your property if that person or company is not paid for their

contributions. Upon default in payment, a lien will be placed on the property and charges will be added from the date of

substantial completion at the maximum rate allowed by law.

15: SEVERABILITY: If any provision of these terms and conditions is found to be invalid or unenforceable by a court of

competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable

provision shall be replaced by a valid and enforceable provision that comes closest to the original intent of the provision.

ANY REPRESENTATION, STATEMENTS, OR OTHER COMMUNICATIONS NOT WRITTEN IN THIS

AGREEMENT, OR MADE IN WRITING PURSUANT THERETO, ARE AGREED TO BE INVALID AND NOT

RELIED ON BY EITHER PARTY AND DO NOT SURVIVE THE EXECUTION OF THIS AGREEMENT.

All Square Roofing

301 Melton Rd

Burns Harbor, IN 46304

Email: [email protected]

Phone: 844-766-3277