Roof Inspection/ Evaluation Fee- Terms and Conditions
Leak Repair Evaluation Terms and Conditions
County Roofing will schedule an inspection of your roof system in order to evaluate any leak or other roof related problem(s) leading to water infiltration. The Leak Repair Evaluation will include County Roofing dispatching a team of highly qualified roofing professionals to your property to enter on your roof for an onsite roof leak inspection, for purposes of identifying any cause of infiltration and evaluating and providing you the most effective available remedies. During such inspection, County Roofing will assess the overall condition of the roof structure, identify leaks or potential infiltration areas, and unusual wear and tear, damage and any other problems that may have occurred during shingle installation or subsequent repairs. Our roof inspection will assess the roof structure, materials, interiors, and workmanship.
- Structural Inspection: of the roof for damage and uneven roof planes and signs of sagging, in addition to examining the condition of the soffit, fascia, and gutter system. Masonry chimneys will be inspected for cracks, crumbling grout, and damage to chimney caps. Our team may need access to your attic to check for heat and moisture buildup due to insufficient venting.
- Material Inspection: The inspection will identify loose, missing, or curling shingles; stains; moss; rust; and missing flashing or fasteners; and shingle aggregate, rubber boots and seals around vent pipes, all inspected for signs of gaps or deterioration.
- Workmanship Inspection: The inspection will examine your roof for problems in workmanship that could increase the risks of leaks or other roof damage in the future. Incorrect flashing around roof penetrations—including vent pipes, skylights, and chimneys.
- Roof Analysis After the inspection, you’ll receive a detailed report about the condition of your roof and what repairs, if any, are necessary. If repairs are necessary or recommended, an estimate and a scope of work suggested will be provided as part of the Leak Repair Roof Evaluation. If you choose to accept such repair proposal and hire County Roofing Systems to do the repairs, then County Roofing will credit up to any amount paid for the Leak Repair Roof Evaluation toward the total cost of the repairs for which County Roofing may be hired to do. If the credit exceeds the amount needed for repairs, such credit will not result in a payment of any balance to you.
- Fee and Consent to Enter on Roof:
Upon scheduling the Leak Repair Roof Evaluation and making payment of the $350 evaluation fee to County Roofing Systems, you are agreeing to permit County Roofing Systems to send its team member(s) to your property and authorizing them to enter upon your roof system to conduct the evaluation. County Roofing will confirm the arrival time and announce its presence at the property, where applicable, and then enter upon the roof to conduct its evaluation. You agree Leak Repair Evaluation Fee is due and owing upon the scheduling of the evaluation and that payment of the fee will act as confirmation of the agreement with County Roofing, and that these terms become binding on the parties as of said date of scheduling and payment.
- Performance Dates.
County Roofing shall use reasonable efforts to meet any scheduled performance dates. Customer understands and agrees that any performance dates will be estimates only and that County Roofing shall not be liable and shall not be in breach of the Agreement for any failure to meet any estimated performance dates.
- Customer’s Obligations.
Customer agrees (a) to cooperate with County Roofing in all matters relating to the Services and provide such access to Customer’s premises and other facilities, as may reasonably be requested by County Roofing for the purposes of performing the Services; (b) to respond promptly to any County Roofing request to provide direction, information, approvals, authorizations, decisions, records or other documents that are reasonably necessary for County Roofing to perform the Services in accordance with the requirements of this Agreement; (c) to provide such materials or information as County Roofing may request to carry out the Services in a timely manner and ensure that such materials or information are complete and accurate in all material respects; (d) secure all pets during commencement of the work; and (e) Follow all instructions and recommendations provided by County Roofing that are necessary for the satisfactory provision and completion of Services.
- Customer’s Acts or Omissions.
If County Roofing’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, County Roofing shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
- Change Orders.
Customer may request County Roofing to perform services or provide materials which are part of the Leak Repair Roof Evaluation not set forth in the Proposal. County Roofing agrees to perform such additional work so long as prior to the performance of such additional work, Customer shall authorize in writing the scope of such additional work and compensation payable to County Roofing for the full performance of said additional work. Unless otherwise set forth in such a Change Order signed by County Roofing, Customer understands and agrees that the fee for any additional work shall include the costs of the additional work plus an additional thirty percent (30%). County Roofing may charge for the time it spends assessing and documenting a change request from Customer on a time and materials basis in accordance with the Proposal. Notwithstanding the above, County Roofing may also, from time to time, change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, the fees, or any performance dates set forth in the Proposal. Any additional services or work, including additional services or work not specifically set forth in a written Change Order or in any additional proposals, shall be at Customer’s additional expense. Customer agrees that if, prior to or during County Roofing’s provision of the Services, County Roofing discovers any defects in previous construction performed by a third party, then the parties shall execute a Change Order describing the additional work to be performed and the costs of any such additional work.
- Payment Terms.
(a) Fee. In consideration of the provision of the Services by County Roofing and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Proposal. Additional amounts or fees will be required for any additional work, tasks or services requested outside of the scope of work described in the Proposal, or for any additional damage found or discovered during the provision of the Services or following the execution of the Proposal.
(b) Down Payment. Unless otherwise set forth in the Proposal, Customer shall pay 40% of the total fee as a down payment for the Services prior to the commencement of the work. Upon completion, Customer shall pay the remaining 60% of the total fee upon completion of the work, in accordance with the invoice procedures in this Section 7. Customer understand and agrees that County Roofing may, without any liability to County Roofing, suspend or delay commencement of the work if Customer fails to pay the 40% down payment set forth herein.
(c) Expenses. Customer understands that the price quoted in the Proposal generally includes reimbursable expenses incurred by County Roofing, such as travel, courier expenses, copying, binding, and printing, unless stated otherwise. However, if County Roofing incurs expenses or other losses that it does not anticipate, such as travel cancellation fees resulting from Customer’s rescheduling or cancellation of a site visit, County Roofing has the right to seek additional reimbursement from Customer for such expenses. Likewise, if County Roofing purchases any specific items at the request of Customer, Customer agrees to promptly reimburse County Roofing for the cost of such items.
(d) Invoicing. All fees are due and payable immediately upon receipt of County Roofing’s invoice. Customer will make all payments hereunder in US dollars by cash, check, or credit card. Except for emergency services provided to Customer, if the fees paid by Customer are covered by insurance proceeds, Customer shall not be required to make payment to County Roofing until the five-day cancellation period set forth in Section 10(d) has expired. For emergency services provided to Customer (i.e. services necessary to prevent damage), the fees payable by Customer shall be due upon receipt of the County Roofing’s invoice.
(e) Unpaid Fees and Expenses. In the event that any one of County Roofing’s invoices remain unpaid for fifteen (15) days or more after becoming due, then County Roofing may (i) charge interest on such unpaid amounts at a rate of one and half percent (1.5%) per month or, if lower, the maximum amount permitted by applicable law, from the date such payment was due until the date paid; and (ii) suspend performance for all Services until payment has been made in full. Furthermore, Customer agrees to pay all collection costs, including reasonable attorneys’ fees and litigation costs, for collection of any unpaid fees or expenses. Customer further agrees to notify County Roofing in writing or by email within five (5) days of receiving an invoice if Customer disputes any expense or fee entry on that invoice. In the absence of any such written objections within five (5) days, Customer will be deemed to have accepted and acknowledged the invoice as correct. In the event that any one of Customer’s checks bounce or are returned for insufficient funds, Customer agrees to pay an additional $25.00 fee for each bounced or returned check, in addition to any other charges or fees set forth herein.
- Limited Warranties.
(a) County Roofing warrants that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet its obligation under this Agreement.
(b) County Roofing offers a 3 year Workmanship warranty but is subject to certain terms and agreements. This workmanship warranty does not include any damages or defects in the above-described work or Services except to the extent solely caused by County Roofing’s installation or construction. County Roofing will have the right to inspect the areas at issue to determine the cause of the alleged defects. If the defects are determined, in County Roofing’s sole discretion, to be within the scope of the workmanship warranty, County Roofing will make the necessary repairs at County Roofing’s expense in accordance with Section 8(d) below. County Roofing specifically does not warrant and components, parts or other third party or manufactured products that are used within the installation, construction or repair services. This warranty does not cover damage or defects resulting from or in any way attributable to (i) neglect, (ii) misuse, (iii) abuse, (iv) repair or alteration made by anyone other than County Roofing (v) settlement or structural movement and/or movement of materials to which roof installations or installed products are attached, (vi) damage from incorrect design of the structure, (vii) acts of God including, but not limited to, hurricanes, tornados, floods, earthquakes, severe weather or natural phenomena, (including, but not limited to, unusual climate conditions), (viii) lack of proper maintenance, (ix) any cause other than workmanship defects attributable to County Roofing.
(c) County Roofing shall not be liable for a breach of the warranties set forth in Section 8(a) and Section 8(b) unless Customer gives written notice of the defective Services, reasonably described, to County Roofing within five (5) days of the time when Customer discover or ought to have discovered that the Services were defective.
(d) Subject to Section 8(c), County Roofing shall in its sole discretion either (i) repair or re-perform such Services (or the defective part); or (ii) credit or refund the price of such Services at the pro rata contract rate.
(e) THE REMEDIES SET FORTH IN SECTION 8(d) SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND CONTENT ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 8(A) AND SECTION 8(B). AND REPAIRS MADE BY County Roofing PURSUANT TO SECTION 8(D) SHALL CONSTITUTE A FULL SETTLEMENT AND RELEASE OF ALL CLAIMS OF ANY COVERED PERSON/ENTITY FOR DAMAGES OR OTHER RELIEF AND SHALL BE A COMPLETE BAR TO ANY LITIGATION FILED SUBSEQUENTLY TO THE COVERED PERSON/ENTITY’S ACCEPTANCE OF SUCH AN AGREEMENT.
- DISCLAIMER OF WARRANTIES.
County Roofing MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 8(A) AND SECTION 8(B), ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
- Limitation of Liability.
(a) IN NO EVENT SHALL County Roofing BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT County Roofing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL County Roofing’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO County Roofing PURSUANT TO THIS AGREEMENT.
To the fullest extent permitted by law, Customer shall indemnify, defend and hold harmless County Roofing and its officers, directors, shareholders, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers) resulting from any claim of a third party or County Roofing arising out of or occurring in connection with (a) Customer’s use of the Services or deliverables, (b) Customer’s breach of this Agreement, (c) Customer’s negligence, willful misconduct or breach of this Agreement, or (d) Customer’s violation of any local, state, or Federal law, rule or regulation. . Customer shall not enter into any settlement without County Roofing’s or Indemnified party’s prior written consent. This indemnification provision shall not apply to claims resulting directly from County Roofing’s gross negligence or County Roofing’s breach of this Agreement.
The Customer hereby irrevocably consents to any and all uses and displays, by County Roofing and its agents, representatives and licensees, of the Services or deliverables provided to Customer in connection with any pictures, photographs, audio and video recordings (including aerial drone videography or photography), digital images, websites, television programs and advertising, other advertising and publicity, sales and marketing brochures, books, magazines, other publications, CDs, DVDs, tapes and all other printed and electronic forms and media throughout the world, at any time during or after the term of this Agreement, for all legitimate commercial and business purposes of County Roofing (“Permitted Uses”) without further consent from or royalty, payment or other compensation to Customer. Customer hereby forever waives and releases County Roofing and its directors, officers, employees and agents from any and all claims, actions, damages, losses, costs, expenses and liability of any kind, arising under any legal or equitable theory whatsoever at any time during or after the term of this Agreement by County Roofing, arising directly or indirectly from County Roofing’s and its agents’, representatives’ and licensees’ exercise of their rights in connection with any Permitted Uses.
- Entire Agreement.
This Agreement, including and together with any related Statements of Work, exhibits, schedules, attachments and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
All notices, requests, consents, claims, demands, waivers and other communications under this Agreement (each, a “Notice”, and with the correlative meaning “Notify”) must be in writing and addressed to the other party at its address set forth below (or to such other address that the Receiving Party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the Receiving Party; and (b) if the party giving the Notice has complied with the requirements of this Section 18.
Notice to Customer: As set forth in the Proposal.
Notice to County Roofing:
County Roofing Systems
68 South Service Road
Melville, New York
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.
No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Customer shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of County Roofing. Any purported assignment or delegation in violation of this Section 22 shall be null and void. No assignment or delegation shall relieve the Customer of any of its obligations under this
- Successors and Assigns.
This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
- No Third-party Beneficiaries.
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
- Choice of Law and Forum.
New York law applies to this Agreement without regard to any choice-of-law rules that might direct the application of the laws of any other jurisdiction. All disputes arising out of or in connection with this Agreement will be brought in the courts New York, Suffolk County, where County Roofing Offices are located, and the parties consent to the jurisdiction of such courts.
- WAIVER OF JURY TRIAL.
EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH party IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. This Agreement may be executed by electronic signature and delivered by electronic transmission.
- Force Majeure.
Customer understands that due to the nature of County Roofing’s work, certain circumstances outside of County Roofing’s control, including inclement weather conditions, may delay County Roofing’s commencement or provision of the Services. County Roofing shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of County Roofing including, without limitation, inclement weather, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of 30 days, Customer shall be entitled to give notice in writing to County Roofing to terminate this Agreement.