Cool Roofs Service Contract as of June 9, 2023

Company Acceptance of Contract.  Once the Owner has accepted this Contract by signing where indicated above, Company has the option to withdraw based on management approval.  Unless rejected for “Management Approval,” or canceled by Owner per its early cancellation rights set forth below, this Contract becomes the final contract between the parties as set forth below. 

Cancellation: If this Contract is canceled by Customer more than three (3) days from execution, Owner shall pay to Company fifteen (15%) of the contract price for consultation/ administration fee, not as a penalty, and Company agrees to accept such as reasonable and just compensation for said cancellation.  This Contract cannot be canceled by the Owner once work is commenced, except by mutual written agreement by both parties. Furthermore, the Owner agrees that if the Owner changes their mind regarding the materials after Company has ordered and delivered the same will result in a restocking fee (generally 20% of the materials’ cost) which the Company must pay to its supplier. The restocking fee will be paid directly to the Company. 

Supplemental Insurance Payments for Roof Belong to Company. Often as we complete a job, your insurance company may provide supplemental coverage for additional work which may increase the total contract price.  This amount is paid by the insurance company only if and when allowed by the insurance company unless otherwise agreed in writing by Homeowner and the Company. The amount of any such supplements belongs to the Company upon completion of the Work and the Homeowner, by signing below, authorizes the Company to serve as a co-payee on all supplements and acknowledges that the full amount of such supplements (and any depreciation) is fully earned by the Company upon completion of the Work. 

Manufacturer’s Warranty on Materials.  Roofing materials themselves are warranted by the manufacturer under a separate warranty which is issued to the Owner upon the Company’s completion of the Work and receipt of payment in full from the Owner.  The Owner understands that this materials warranty is issued by the manufacturer and agrees to look solely to the manufacturer for the performance thereof.  The Company’s agent will provide the Owner with a copy of the manufacturer’s warranty which will be issued to the Owner from the manufacturer. Although Company’s salesperson will provide a copy of the warranty and give the Owner a general description of its terms, the Owner understands that any and all limitations, exceptions, and/or requirements of the manufacturer’s warranty are contained on the face of such warranty and that no representations or statements made by the Company or its agents can vary the terms of the manufacturer’s warranty.

Limits on Scope of Work.  Unless provided in the Special Instructions set forth above in the Work Authorization/Specifications section of this Contract, this Contract does not include the replacement of ventilators, decking, fascia boards, or other additional materials, which are not covered by the terms of this Contract.  If it is determined in the course of performance that additional materials or work is necessary, Company will notify the Owner before the Work can be completed.  

Insurance Requirements.  The Company carries General Liability Insurance but does not assume the risk of any character under this Contract other than covered by such insurance. A copy of the Company’s insurance certificate will be provided to the Owner on request.  Owner further agrees to carry his/her own homeowners’ and contents insurance and agrees not to hold Company liable for any acts of God, subsequent severe weather conditions, windstorms, lightening, or other events out of Company’s control, including but not limited to the presence of other Company’s on the Owner’s roof.  Furthermore, the Owner agrees to look only to the assets of the Company for any loss or damage proximately caused by this Contract or any warranties contained herein and not seek recovery from the personal assets of any individual shareholders or employees of the Company.

Entire Agreement of Parties.  This Contract represents the entire understanding and agreement of the parties with respect to the subject matter hereof and understands that no prior, subsequent, or contemporaneous verbal communication from Company or its agents is binding upon the Company.  Any modifications to this Contract must be in writing and signed both by Owner and Company.  

Late Fees & Interest.  If the Company does not receive payment from the Owner upon substantial completion of the Work, the Owner will be deemed in default of its obligations under the Contract.  In the event of a default, interest shall accrue on any outstanding balance from the date of default at the LESSER of a rate of 1.5% per month (18% per annum) or the maximum allowed by law, with a minimum charge of five dollars ($5.00) per month.  The owner agrees to pay all necessary costs, expenses, legal fees, and amounts due if this account is tendered for collection.

No Liability for Pre-existing Structural Defects.  Company shall not be liable for preexisting structural deficiencies in Owner’s roof or home.  Company will make an effort to inform the Owner of any deficiency of which we become aware.  Company is not responsible for conducting an inspection for any such deficiencies. Company will not take responsibility for solving preexisting structural deficiencies or the appearance of those deficiencies.

Limits of Liability.   Except as specifically referenced on the Company’s written workmanship warranty (or on the manufacturer’s warranty set forth above), the roofing system provided for in this Contract is sold As-Is, Where-As, and without any liability to the Owner for consequential damages. Company shall have no liability beyond the repair of said roof.  The Owner must notify Company within seventy-two (72) hours of the discovery of any leak and shall take reasonable and immediate action to avoid any further damage. Owner agrees to hold Company harmless for any interior or exterior damage to its home, specifically including environmental damages such as “mold” resulting from water leakage.   Upon receipt of notice of a need for repair, Company will send a representative to inspect and investigate any reported leak.  More than one inspection may be necessary to isolate the cause.  It is the responsibility of the Owner to provide acceptable times and dates for such inspection and access to the roof for same.  With regard to completed repairs, Company shall have no warranty liability except for the roof area(s) upon which Company performed repair work as agreed upon in this Contract.  During the replacement of the flashing, or the siding adjacent to this flashing which has deteriorated may crack, break or tear.  The company will make every reasonable effort to avoid damage, but will not be held responsible for any damage to siding or other related consequential damages.

Safety Measures During Installation Process.  Owner shall not walk under the work area while roof work is in progress, as the construction site poses a danger to persons on the ground from falling debris. During the application of the roof system, vibration from the roof may be transmitted throughout the building.  The Owner assumes responsibility for all objects hung from exterior and interior walls and from ceilings and soffits and all interior and exterior light fixtures.  These have been known to fall during installation and Company will not be responsible for these occurrences.

Electrical Apparatus on Roof.  If Company removes a satellite dish from Owner’s roof to perform the Work, the Owner shall be solely responsible for hiring a qualified technician to re-install/align such equipment.  Any cost arising from such installation of satellite dishes, air conditioning equipment, or other electrical devices attached to or penetrating the roof shall be the Owner’s sole responsibility.  Company will not wire electrical accessories attached to the roof system because Company’s roofers are not licensed electricians.  

Furnace, HVAC, and Plumbing Vents: Company highly recommends the Owner hire a licensed HVAC technician after the roof is installed to inspect and repair any loose furnace and or HVAC vents as they might have become loose, disconnected, or damaged during the roof installation. Company shall have no responsibility for the costs for the repair or inspection of any HVAC, furnace, or plumbing vents. 

Lien Rights of Company Upon Non-Payment.  Absent a written agreement to the contrary signed by both parties hereto, if Owner has not made full payment to Company within 60 days after the Work has been substantially completed, then Company shall file an affidavit claiming a mechanic’s and material men’s lien against the Owner’s property in the real property records of the county where the property is located pursuant to the rights granted to Company under the Texas or Tennessee Property Code and the Texas or Tennessee constitution determined by whether Company is performing work in either state. Company’s lien rights provide Company with powerful rights and remedies to collect outstanding balances due under the Contract, including but not limited to the eventual sale of the Owner’s property to satisfy outstanding balances owing to Company.

Notification of Defects.  Final Payment is due only when the completed roof system is installed at Owner’s residence.  Owner must notify Company in writing of any defect in installation within seven days (7) after the roof system has been completed.  

Venue and Governing Law: This Contract shall be deemed to have been made in the State of Texas and shall be construed according to the laws of that State. Subject to Section 8, the parties hereby agree that the exclusive venue for any and all disputes, claims, or suits arising out of this Contract shall be in Harris County, Texas and the laws of Texas shall apply.

Insurance Authorization and Proceeds.  If all or any part of the Work will be paid for from proceeds from Owner’s insurance company, Owner understands and agrees to provide Company, by way of executing Company’s separate claim form, with the full authorization to negotiate any insurance claim amount with Owner’s insurer and to receive payment of proceeds from Owner and/or its insurance agent.  Any separate, executed claim form between the parties hereto is part of this Contract and incorporated herein by this reference.

Authority to Sign.  The Owners represent and warrant to Company that the persons signing above have full authority to sign this Contract and no legal impediments exist which would prevent Owner from entering into or performing this Contract. 

Temporary Dry-Ins: The Company is authorized to make all necessary repairs to temporarily dry in the roof. Please note, temporary dry-ins are temporary and are subject to leaking. Therefore, no warranty is given on temporary dry-ins.  Company will not be responsible for any damages caused by temporary dry-ins.

Subcontractors: The Company may at its sole discretion hire subcontractors to perform work on your property. 

Labor Warranty: Company will issue a workmanship warranty upon the completion of the work and full payment of the contract including any amendments or supplements. Company shall have no warranty obligations and the warranty shall not become effective until full payment has been received by Company. The Company’s responsibility is limited to the repair of any workmanship defects causing leakage. Company shall not be responsible for any damage to the interior or exterior of Owner’s home, including contents caused by leakage, including, but not limited to, any interior or exterior damage caused during, after, or as a result of the work. Company shall not be responsible for the costs or damage related to the containment, remediation, cleanup, or removal of mold or fungus. Company shall not be responsible for any incidental or consequential damages. The labor warranty does not cover acts of god, including, but not limited to lightning, tropical systems or depressions, flood events, high winds, wind-driven rain, or any other abnormal weather events. The warranty does not cover damages caused by other contractors, workers, building owners, or anyone else not directly under the control or supervision of the Company. Labor warranty does not cover damages caused by animals or rodents, normal wear, and tear, or the eventual weathering of the roofing materials, roof components, caulk, sealants of any type, chimneys, building movement, rafters, house framing or the roof deck or its application.  It’s the Owner’s responsibility to maintain their roof(s), which includes but is not limited to the monthly removal of leaves, acorns, limbs, and any other foreign objects on the roof surface.  Failure to maintain the roof (s) could void the labor and or materials warranties. In the event the Owner receives a “Lifetime” labor warranty, this warranty is valid for as long as the current owner who executed the contract is personally living in the home full-time. Once the Owner is no longer living in the home full-time, the labor warranty is prorated to 10 years from the date of installation. The “Lifetime” labor warranty is not under any circumstances transferable to the heirs, successors, or relatives of the Owner nor is the “Lifetime” labor warranty transferable to any new owner(s) or tenants(s) of the property. The ‘Lifetime” labor warranty is not applicable to rental properties, apartments, or any other type of income-generating property, including, but not limited to commercial properties. Note- the “Lifetime” labor warranty is only applicable to asphalt architectural shingles, and is not applicable to 3-Tab Shingles, Metal Roofs, Tile Roofs, Roof Coatings, Slate or Flat roof systems of any type. 

Free Roof Tune-Up: In the event the Owner receives a free roof tune as part of this contract, the tune-up is limited to a visual inspection, caulking of vent pipes, flashings, chimney flashing, and popped nails. This warranty does not cover storm damage, animal damage, foreign object damage, tree damage, or other contractor’s or Owners damage to the roof surface or roof components. All other services provided by the Company other than those expressly listed above in this paragraph will be billed on a time and materials basis at the sole approval of the owner.

Service Line Close to Roof Deck: Company shall not be responsible for any plumbing, electrical, security, air conditioning, or any other service lines that are located within five (5”) inches of the roof deck or otherwise located directly underneath the roof deck, and are punctured, crimped or otherwise damaged during the roofing project.

Homeowner’s Association Members: Owner is responsible for securing all necessary approvals from their HOA or the authority having jurisdiction in the approval of all roofing materials, styles, and colors. Even if the Company assists the Owner in the selection of the roofing materials, the Company shall have no responsibility regarding the approval or disapproval of Owner’s roofing selections. 

Landscaping, Driveways, Aesthetics: Company shall not be responsible for damages to driveways or landscaping or any pre-existing structural problems including the reduction in the aesthetics of the home as a result of the new roof enhancing the appearance of pre-existing deflections of the rafters, decking, structural members or any other cause.

Indemnity: Customer agrees to indemnify and hold harmless the Company, Its Owners, Officers, Agents, Employees, and Subcontractors against any lawsuits or claims for damages of any kind, including, but not limited to, damage arising out of personal injury or death or property damage resulting from a condition of the premises or negligent or intentional activity unrelated to the work performed hereunder by the Company. Notwithstanding anything herein, to the contrary, any legal restrictions and limitations shall be read into this clause so that this clause provides the maximum indemnity according to its terms while still complying with any current legal restrictions.

Disputes/Arbitrations/Waiver of Jury Trail: With the exception of a claim or action by the Company against the Owner to collect monies due and owing under this Contract, the parties irrevocably agree to relinquish and waive, for valuable consideration, the sufficiency which is hereby acknowledged, any and all rights to file a lawsuit in any court of law and rights to a bench or jury trial, and instead agree to submit to binding arbitration with Arbitrator of Company’s choosing with regards to any dispute or controversy hereafter arising between the Owner and the Company, including, but not limited to, any claims of tort, breach of contract, or violation of statute (including, but not limited to, the Texas Deceptive Trade Practices Act) or common law in any way related to this Contract or the goods and services provided hereunder. If for any reason the dispute cannot be resolved by the Arbitrator of Company’s choosing, both the Owner and the Company agree to submit to binding arbitration with the American Arbitration Association (“AAA”). It is further agreed both parties shall bear their own costs and expense of the arbitration with both Arbitration Firms. This agreement to arbitrate shall apply to direct disputes between Owner and Company, as well as disputes in which the Company is joined or otherwise brought into a lawsuit or claim between Owner, including, but not limited to, Homeowner’s assigns or successors, and any third party, including, not limited to, a general contractor or builder.

Severability and Reformation: If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or enforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforceable as so limited.

No Waiver: No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or a subsequent waiver of the same term or condition. 

Low-Temperature Application: Asphalt shingles installed during cooler temperatures may not lay down completely flat until they have had time to relax. Typically, the shingles need to be exposed to temperatures over 90 degrees for at least several weeks to completely lay flat and this is not a cause for rejection or retention of payment. The company will hand seal these shingles if they have not relaxed after two weeks of being exposed to temperatures above 90 degrees. 

Cancellation of Contract: Owner has the right to cancel this contract within three days of signing this document without penalty. After three days, the agreement and all the terms and conditions become enforceable