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The information contained on this website is intended to provide information and be educational. The information provided may not pertain to your specific issue, should not be construed as fact or an expert opinion and does not constitute advice on any issue. The visitor, by exploring this website, communicating via the methods available on the website or through other means, or using links to the company website, agrees that no business relationship will be created except by a written agreement.
A. General. This proposal is subject to change without notice and is automatically withdrawn on the 90th day following its date of issue if not accepted in writing and a copy of this proposal returned to Contractor. If Customer cancels the Agreement prior to the start of work, Customer is liable for 15% of the total Agreement price as liquidated damages, because Contractor is unable to accurately measure its damages for the cancellation of the Agreement. Customer and Contractor agree that this amount is not a penalty. The only exception to the foregoing is if it is a home solicitation contract in which case you may cancel this transaction, without any penalty or obligation, within three (3) business days from the date originally signed. To cancel a home solicitation transaction, mail or deliver a signed and dated copy of a cancellation to Kelly Roofing, LLC d/b/a Kelly Roofing via email to firstname.lastname@example.org or fax to 239-435-0019. Contractor reserves the right to withdraw this proposal at any time prior to its acceptance or cancel this Agreement 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 Agreement, (a) the word “or” is not exclusive, (b) the word “including” is always without limitation, (c) “days” means calendar days and (d) singular words include plural and vice versa.
B. Nature of Work. KELLY ROOFING, by and through its subsidiaries and affiliates, shall furnish the labor and material necessary to perform the work described herein or in the referenced contract documents. KELLY ROOFING does not provide engineering, consulting or architectural services. It is the Customer’s responsibility to retain a licensed architect or engineer to determine proper design and code compliance. KELLY ROOFING assumes no responsibility for structural integrity, including soundness of or the effect upon any structure of building materials that KELLY ROOFING may install, compliance with building codes, or design. If plans, specifications or other design documents have been furnished to KELLY ROOFING, Customer warrants that they are sufficient and conform to all applicable laws and building codes. KELLY ROOFING is not responsible for any loss, damage or expense due to defects in plans or specifications or building code violations unless such damage results from a deviation by KELLY ROOFING from the contract documents. Customer warrants all structures to be in sound condition capable of withstanding normal activities of roofing construction equipment and operations. KELLY ROOFING is not responsible for location of roof drains, adequacy of drainage or ponding on the roof.
C. Asbestos and Toxic Materials. This proposal and contract is based upon the work to be performed by KELLY ROOFING not involving asbestos-containing or toxic materials and that such materials will not be encountered or disturbed during the course of performing the roofing work. KELLY ROOFING is not responsible for expenses, claims or damages arising out of the presence, disturbance or removal of asbestos-containing or toxic material. In the event that such materials are encountered, KELLY ROOFING shall be entitled to reasonable compensation for all additional expenses incurred as a result of the presence of asbestos-containing or toxic materials at the work site.
D. Payment. Unless stated otherwise on the face of this proposal, Customer shall pay the contract price plus any additional charges for changed or extra work no later than three (3) days after substantial completion of the Work. If completion of the Work extends beyond one month, Customer shall make monthly progress payments to KELLY ROOFING by or before the third (3rd) day of each month for the value of Work completed during the preceding month. A delay by the manufacturer in the processing and formal issuance of manufacturer’s warranty document shall not be cause to delay the Customer’s payment to KELLY ROOFING. Payment may not be withheld without prior notice, in writing, completely describing any deficiency and given reasonable time to make the correction or respond with resolution. Once corrected, payment may not be held.
E. Non-payment. All sums not paid in full when due shall earn interest at the rate of 1.5% per month until paid (ANNUAL PERCENTAGE RATE OF 18%), unless otherwise required by law. Payments received shall be applied first to interest on all outstanding invoices and then to the principal amount of the oldest outstanding invoices. If Customer does not make payment, KELLY ROOFING shall be entitled to recover from Customer all costs of collection incurred by KELLY ROOFING, including attorney’s fees, costs, and expenses. Collection matters may be processed through litigation or arbitration at the sole discretion of KELLY ROOFING. The failure of Customer to make proper payment to Contractor when due shall entitle Contractor, at its discretion, to suspend all work, shipments and/or warranties until full payment is made or terminate this contract.
F. Insurance. KELLY ROOFING shall carry worker’s compensation, automobile liability, commercial general liability and such other insurance as required by law. KELLY ROOFING will furnish a Certificate of Insurance, evidencing the types and amounts of its coverages, upon request. Customer shall purchase and maintain builder’s risk and property insurance upon the full value of the entire Project, including the labor, material and equipment furnished by KELLY ROOFING, covering fire, extended coverage, malicious mischief, vandalism and theft on the premises to protect against loss or damage to material and equipment and partially completed work until the job is completed and accepted, and KELLY ROOFING’s equipment is removed from the premises.
G. Additional Insured. If Customer requires and KELLY ROOFING agrees to name Customer or others as an additional insured on KELLY ROOFING’s liability insurance policy, Customer and KELLY ROOFING agree that the naming of Customer or other parties as an additional insured is intended to apply to claims made against the additional insured to the extent the claim is due to the negligence of KELLY ROOFING and is not intended to make KELLY ROOFING’S insurer liable for claims that are due to the fault of the additional insured.
H. Changes in the Work and Extra Work. Customer shall be entitled to order changes in the Work and the total contact price adjusted accordingly. KELLY ROOFING shall not be required to perform any changed or additional work without a written request. Any penetrations through the roofing to be installed by KELLY ROOFING not shown on the plans provided to KELLY ROOFING prior to submittal of this proposal shall be considered an order for extra work, and KELLY ROOFING shall be compensated at its customary time and material rates for performing such additional work.
I. Availability of Site. KELLY ROOFING shall be provided with direct access to the work site for the passage of trucks and materials and direct access to the roof. KELLY ROOFING shall not be required to begin work until underlying areas are ready and acceptable to receive KELLY ROOFING’s work and sufficient areas of roof deck are available and free from dirt, water, snow or debris to allow continuous full operation until job completion. The expense of any extra trips by KELLY ROOFING to and from the job as a result of the job not being ready for roof application after KELLY ROOFING has been notified to proceed will be charged as an extra.
J. Rebate(s) and Incentive(s). Rebate(s) and Incentive(s), if any, from Material Manufacturers, Suppliers and Wholesalers, Local, State & Federal Entities, or from local Utilities or any other entity for the use of, incorporation or installation of insulative or solar reflective products have been calculated into the stated contract sum. Customer shall provide assistance to KELLY ROOFING in providing documentation for submittal to appropriate entities for receipt of Rebate(s) and Incentive(s), if any, by KELLY ROOFING.
K. Disclaimer. Contractor disclaims all liability for all claims, disputes, rights, losses, damages, causes of action or controversies (“Claims”) pertaining to Mold, including Claims arising out or relating to the detection, removal, disposal, or remediation of Mold, whether those Claims arise in law, equity, contract, warranty, tort, or federal or state statutory claims, and whether those Claims are based on the acts or omissions of Contractor or individuals or entities under Contractor’s control. The Customer is solely liable and responsible for all damages, whether actual or consequential, caused by Mold and incurred by Customer, Contractor or third parties.
L. Site Conditions. KELLY ROOFING shall not be responsible for additional costs required due to the existence of utilities, wet insulation, deteriorated deck or other subsurface or latent conditions that are not disclosed in writing to KELLY ROOFING. The raising, disconnection, re-connection or relocation of any mechanical equipment on the roof that may be necessary for KELLY ROOFING to perform the roofing work shall be performed by others or treated as an extra. Should concealed or unknown conditions in an existing structure be at variance with conditions indicated in the description of the work to be performed from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the Agreement price shall be equitably adjusted upon notice thereof from the Contractor to the Customer.
M. Working Hours. This proposal is based upon the performance of all work during KELLY ROOFING’s regular working hours. KELLY ROOFING’S normal working hours are from 7:00 a.m. to 6:00 p.m. Monday through Saturday. Extra charges will be made for overtime and all work performed other than during KELLY ROOFING’s regular working hours, if required by Customer.
N. Electrical Conduit. KELLY ROOFING’s price is based upon there not being electrical conduit or other materials embedded within the roof assembly unless expressly identified on the face of this proposal. Customer will indemnify KELLY ROOFING from any personal injury, damage, claim, or expense due to the presence of electrical conduit, shall render the conduit harmless so as to avoid injury to KELLY ROOFING’s personnel, and shall compensate KELLY ROOFING for additional time and expense resulting from the presence of such materials.
O. Protection of Work. Customer acknowledges that re-roofing of an existing building may cause disturbance or dust to fall into the interior. Customer agrees to remove or protect property directly below the roof in order to minimize potential interior damage. KELLY ROOFING shall not be responsible for disturbance, damage, clean-up or loss to interior property that Customer did not remove or protect prior to commencement of roofing operations.
P. Materials. All materials and work shall be furnished in accordance with normal industry tolerances for color, variation, thickness, size, weight, amount, finish, texture and performance standards. Specified quantities are intended to represent an average over the entire roof area. Contractor is not responsible for the actual verification of technical specifications of product manufacturers, i.e., R value, ASTM or UL compliance, but rather the materials used are represented as such by the manufacturer. Metal roofing, especially lengthy flat span sheet metal panels will often exhibit waviness, commonly referred to as “oil-canning.” Oil-canning pertains to aesthetics and not the performance of the panels and is not controlled by the Contractor. Contractor is not responsible for oil-canning or aesthetics. Oil-canning shall not be grounds to withhold payment or reject panels of the type specified.
Q. Warranty. KELLY ROOFING will warrant KELLY ROOFING’s work in accordance with its standard warranty, which is incorporated by reference. A copy of KELLY ROOFING’s Standard Warranty is attached or, if not, will be furnished upon request. KELLY ROOFING SHALL NOT BE LIABLE FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. The acceptance of this proposal by the Customer signifies his agreement that this warranty shall be and is the exclusive remedy against KELLY ROOFING pertaining to the roof installation. A manufacturer’s warranty shall be furnished to Customer if a manufacturer’s warranty is called for on the face of this proposal. It is expressly agreed that in the event of any defects in the materials furnished pursuant to this contract, Customer shall have recourse only against the manufacturer of such material. Unless otherwise provided: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All warranties/guarantees provided by Contractor, if any, shall be deemed null and void if Customer fails to strictly adhere to the payment terms contained in the Agreement. All warranties and guarantees if any, provided under the Agreement are solely for the original Customer and are non-transferable, unless otherwise agreed to by Customer and Contractor in writing. Any express warranty provided, if any, by Contractor is the sole and exclusive remedy for alleged construction defects, in lieu of all other remedies, implied or statutory.
R. Right to Stop Work. The failure of Customer to make proper payment to KELLY ROOFING when due shall, in addition to all other rights, constitute a material breach of contract and shall entitle KELLY ROOFING, at its discretion, to suspend all work and shipments, including furnishing warranty, until full payment is made or terminate this contract. The contract sum to be paid KELLY ROOFING shall be increased by the amount of KELLY ROOFING’s reasonable costs of shut-down, delay and start-up.
S. Sealed Attic Liability Exclusion. Contractor disclaims liability for any issue, claim, or damage including, without limitation, attorney’s fees, costs, and expenses arising out of or relating to combining a sealed attic system with spray foam insulation and/or a self-adhered underlayment, and Customer agrees to indemnify, defend and hold harmless Contractor for any and all damages arising out of said condition(s).
T. Delamination. Contractor disclaims liability for use of water based adhesives and/or asphalt, paper or non-glass faced polyiso materials specified by, through or at Customer’s direction.
U. Claims. It is Customer’s duty to notify Contractor in writing within 3 days of the occurrence of any claim, defect or deficiency arising out of work, services or materials provided by Contractor under this Agreement (“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. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
V. Back Charges. No back charges or claims for payment of services rendered or materials and equipment furnished by Customer to KELLY ROOFING shall be valid unless previously authorized in writing by KELLY ROOFING and unless written notice is given to KELLY ROOFING within three (3) days of the event, act or omission which is the basis of the back charge.
W. Damages and Delays. KELLY ROOFING will not be responsible for damage done to KELLY ROOFING’s work by others. Any repairing of the same by KELLY ROOFING will be charged at regular scheduled rates over and above the amount of this proposal. KELLY ROOFING shall not be liable for damages based upon delay or liquidated damages or penalties resulting from any delay in completion of the Project. KELLY ROOFING shall not be responsible for loss, damage or delay caused by circumstances beyond its reasonable control, including but not limited to acts of God, weather, accidents, fire, vandalism, federal, state or local law, regulation or order; strikes, jurisdictional disputes, failure or delay of transportation, shortage of or inability to obtain materials, equipment or labor; changes in the work and delays caused by others. In the event of these occurrences, KELLY ROOFING’s time for performance under this proposal shall be extended for a time sufficient to permit completion of the Work. 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 Agreement, shall Contractor be liable for special, consequential, incidental or indirect damages, including loss of use or loss of profits. Contractor and Customer agree to allocate certain 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 Agreement for any and all injuries, damages, claims, expenses or claim expenses including attorneys’ fees, costs and expenses arising out of or relating to this Agreement regardless of whether it is based in warranty, tort, contract, strict liability, negligence, errors, omissions, or from any other cause or causes.
X. Customer Protection of Property. Due to the nature of the construction to be done at Customer’s request, the Customer takes sole responsibility for any damage done to curbs, walkways, driveways, structures, septic tanks, HVAC, utility lines, pipes, landscaping, and/or appurtenances at the job location. Contractor is not responsible/liable for any hairline cracks, or any cracks, in the ceiling due to the removal and reinstalling of the roof or any damage caused by dust or debris caused by Contractor’s work. Contractor is not liable for damage to person or property caused by nails, and Customer agrees that it will take the appropriate precautions to avoid said damage. Contractor does not warrant against tile slippage with a mortar or foam type tile roof system on any roofs over 4/12 pitch not mechanically fastened. During the course of the roofing work, Customer agrees to hold Contractor not liable for water intrusion that occurs from the date of commencement of roof repairs, remodeling, or other roofing services through the date of completion of such work. Code requires driveways be built to withstand 2,500 psi. The maximum weight of our trucks is 25,000lbs spread over 300 sq/in or 84lbs per sq/in. If you are concerned about driveway or ground stability it is your responsibility to request additional cost pricing to hand carry materials.
Y. Restrictions and Requirements. In the event that state, county, or municipal codes or regulations require work not expressly set forth in this Agreement or differ materially from that generally recognized as inherent in work of the character provided for in this Agreement, all extra cost for Contractor’s labor and materials shall be the sole obligation of the Customer. If the substrate roof condition results in ponding pursuant to the Florida Building Code and modifications are required to correct the roof so ponding will not occur, Contractor will notify Customer immediately. It shall be the sole obligation of the Customer to determine the existence of restrictions contained in deeds, subdivision or neighborhood regulations which might relate to or restrict the improvements under this Agreement. Contractor shall have no liability or responsibility for any such non-conformity with such restrictions/requirements. Contractor shall be entitled to payment from Customer of all sums due hereunder not withstanding any injunction/prohibition against the work as a result of any violation of such restriction/requirement.
Z. Price Volatility. Asphalt, polyiso and other roofing products are sometimes subject to unusual price volatility due to conditions that are beyond the control or anticipation of KELLY ROOFING. If there is a substantial increase in these or other roofing products between the date of this proposal and the time when the work is to be performed, the amount of this proposal/contract may be increased to reflect the additional cost to KELLY ROOFING, upon submittal of written documentation and advance notice to Customer.
AA. Arbitration. If a dispute shall arise between KELLY ROOFING and Customer with respect to any matters or questions arising out of or relating to this Agreement or the breach thereof, such dispute, other than collection matters, shall be decided by arbitration administered by and in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any Court having jurisdiction thereof. In the event there is litigation, the parties KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR PERTAINING TO THE AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PERSON OR PARTY RELATED TO THIS AGREEMENT; THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.
BB. Waiver. By making payment on this proposal/contract, Customer, agents, tenants, and/or related parties agree to the following General Release: FOR GOOD CONSIDERATION, the undersigned jointly and severally hereby forever release, discharge, acquit and forgive from any and all claims, actions, suits, demands, agreements, and each of them, if more than one, liabilities, judgments, and proceedings both at law and in equity arising from the beginning of time to the effective date of the Agreement and as more particularly related to or arriving from roofing related work including possible future related subsequent issues such as, but not limited to, mold, rodents, insects, discolor, deterioration, movement, smell, seepage or wind related damage. This release shall be binding upon and inure to the benefit of the parties, their successors, tenants, assigns and personal representatives. Nothing in this release is meant to limit any express warranty provided by KELLY ROOFING.
CC. No Third Party Beneficiaries. This Agreement is solely for the benefit of Customer and KELLY ROOFING, and is not intended for the benefit of any other parties.
DD. Odors. All roofing systems may generate odors either during or shortly after installation. People with high olfactory sensitivities may find these odors offensive. KELLY ROOFING recommends to Customer that it provide building occupants with notice of this fact. The parties agree that KELLY ROOFING shall not be liable for any claims relating to odors and Customer shall indemnify, defend and hold KELLY ROOFING harmless against said claims.
EE. Title to Goods. Title to roofing products passes to the Customer when said products are delivered to the job site. In the event of a high wind conditions, hurricanes, tornados, or other adverse weather conditions and KELLY ROOFING is requested to remove/reposition product from/on the job site, KELLY ROOFING shall use its reasonable efforts (subject to weather conditions, life/safety concerns and manpower/equipment constraints) to comply with the request. Customer agrees to promptly pay KELLY ROOFING for these extras services.
FF. Construction and Interpretation. Each provision of the Agreement shall be construed as if both parties mutually drafted this Agreement. If a provision of this Agreement (or the application of it) is held by a court or arbitrator to be invalid or unenforceable, that provision will be deemed separable from the remaining provisions of the Agreement, will be reformed/enforced to the extent that it is valid and enforceable, and will not affect the validity or interpretation of the other provisions or the application of that provision to a person or circumstance to which it is valid and enforceable. Headings are for convenience only and do not affect interpretation. This Agreement records the entire agreement of the parties and supersedes any previous or contemporaneous agreement, understanding, or representation, oral or written, by the parties. All documents/exhibits referred to in this Agreement are an integral part of the Agreement and are incorporated by reference. This Agreement incorporates the documents entitled “Standard Warranty” and when applicable “Statutory Warnings.” Customer acknowledges that it has read/agreed to all incorporated documents and exhibits. In the event of a conflict among the Contract Documents, these terms and conditions shall control, govern and take precedence.
GG. Choice of Law, Venue and Attorney’s Fees. This Agreement shall be governed by the laws of the State of Florida. Venue of any proceeding arising out of or relating to this Agreement shall be Collier County, Florida. Should Contractor employ an attorney to institute litigation or arbitration to enforce any of the provisions hereof, to protect its interest in any matter arising out of or related to this Agreement, Contractor shall be entitled to recover from the Customer all of its attorney’s fees and costs/expenses incurred therein, including attorney’s fees, and costs/expenses incurred at mediation, administrative, appellate or bankruptcy proceedings.
FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDERCONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
Division of Professions
Construction Industry Licensing Board
2601 Blair Stone Rd
Tallahassee, FL 32399-0783
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001 — 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIRCLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLEWHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THISMEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULDSTIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
CHAPTER 558 NOTICE OF CLAIM
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND
PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIEDVIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER ANDADDRESS: 850-487-1395,
To accomplish our goals, Kelly Roofing, LLC, uses photographs of homes and aspects of homes in many types of media (newspaper, radio, television and the Internet) and uses photos in our own publications. It is the right of the individual whether or not to consent to the use of his/her photograph and/or name for the above publicity purposes. By signing a contract with Kelly Roofing, LLC, you will hereby authorize Kelly Roofing, LLC to use any photographs taken of your home during or after the project for marketing purposes. Written documentation of disapproval is required by Kelly Roofing, LLC if you wish to exercise your right not to allow Kelly Roofing, LLC to use such materials.
1. Part of this agreement allows Kelly Roofing, related entities, suppliers, and vendors the ability to use drones and aerial devices to take photos and videos. Kelly Roofing is allowed to use these images for promotional, legal, training or any other way Kelly Roofing sees fit. Kelly Roofing is held harmless of any drone strikes to the roof or structure and related damages or injuries.
The printed colors shown in this website or brochure may vary from actual colors. Before making a final selection, be sure to review actual material samples and roof installations. Please contact your sales person for further assistance. THE WEBSITE AND/OR BROCHURE DO NOT IN ANY WAY CONSTITUTE A WARRANTY BY KELLY ROOFING, LLC. THE ONLY APPLICABLE WARRANTIES FOR THE WORK WILL BE PROVIDED TO YOU UPON SIGNING OF THE CONTRACT AND COMPLETION OF THE AGREED UPON WORK AND FULL PAYMENT.
Customer hereby acknowledges and confirms that KELLY ROOFING has achieved substantial completion of the work at Customer’s property. Accordingly, pursuant to the express terms of the Contract, which is hereby incorporated by reference in its entirety, Customer agrees to remit full payment within 72 hours of completion. Furthermore, pursuant to Customer’s request, KELLY ROOFING may provide lien waivers from KELLY ROOFING’S suppliers in conjunction with KELLY ROOFING’S payment application. In the event of non-payment by Customer within 72 hours, Customer hereby agrees as follows: SHOULD PAYMENT NOT BE TENDEREDWITHIN 72 HOURS, CUSTOMER KNOWINGLY WAIVES ALL AFFIRMATIVE DEFENSES THEY MAY HAVE, OR WILL HAVE AGAINST KELLY ROOFING IN ANY LAWSUIT FILED BY KELLY ROOFING FOR THE COLLECTION OF AMOUNTS OWED TO KELLY ROOFING IF REQUIRED DUE TO NON-PAYMENT BY CUSTOMER UNDER THE TERMS OF THIS AGREEMENT, EXCEPT FOR PROPER PAYMENTS MADE PURSUANT TO THE AGREEMENT. In addition, Customer agrees to hold harmless, indemnify, and defend KELLY ROOFING from and against any and all claims, liability, costs, damages, attorney’s fees, and expenses, of whatever kind or nature, which are asserted by any of KELLY ROOFING’S subtiers by reason of or in consequence of non-payment by Customer.
DRIVEWAY DAMAGE RELEASE
Customer acknowledges that either Kelly Roofing and/or its subcontractors and suppliers may access the roof by using the driveway, and that heavy equipment or vehicles may be operated and placed on the driveway during construction. Customer also understands that the equipment or vehicles utilized by Kelly Roofing and its subtiers may cause damage to the driveway including cracks. By executing this Driveway Damage Release, Customer hereby certifies that he or she is authorizing Kelly Roofing, and its subsidiaries, affiliates, employees, agents, suppliers, and subcontractors, to enter onto the property listed below to deliver roofing and/or roofing related building materials. Such delivery may require the use of vehicles in accessing the property that weigh in excess of 10 tons. Customer hereby releases Kelly Roofing from any and all liability for damages to the driveway, sidewalks, curbs, walkways, lawn sprinkler system, gardens, septic system, drain fields, shrubbery, or flower beds. By signing below, Customer binds all parties exercising any responsibility for the condition of the property or construction activities taking place thereon, including without limitation, the Customer or any other legal occupant or tenant.
DRIVEWAY USE EXCLUSION
In the event that Customer does not want Kelly Roofing to use the driveway, it may execute a driveway use exclusion. In which event, the Customer does not want Kelly Roofing or its subtiers to use the driveway and, therefore, is willing to pay and shall pay an extra charge for the delivery of materials via crane or hand delivery. The additional charges will be provided to Customer upon request and are considered a change to the contract scope for which the Customer is liable without the need for any additional written authorization.