ANY CONTRACT EXPRESSED OR IMPLIED AND ANY AGREEMENT MADE PURSUANT BETWEEN PALMER CONTRACTING, INC. PALMER CONTRACTING SERVICES, INC. AND/OR DBA ROOFCLAIMEXPRESS (THE “COMPANY”) AND THE PROPERTY OWNER(S) AND/OR CLIENTS HEREIN LISTED WILL BE SUBJECT TO ALL APPROPRIATE LAWS AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS.
- This agreement constitutes the entire agreement between the parties. It may be changed only by written documentation signed by both parties. If any provision of this agreement should be held to be invalid or unenforceable, the validity of the remaining provisions herein will not be affected thereby.
Any representation, statements, or other communications, not written in this Contract are agreed to be immaterial, and not relied on by either party, and do not survive the execution of this Contract The only exception to this disclosure is the optional addendum agreement signed by both parties.
Property Owner and Client herein listed are one and the same and for this document will be named “the client” for contractual purposes and Palmer Contracting will be named “the company”. The client agrees to hold harmless the company from and against any and all claims, demands, liabilities, or actions or every kind and character, without limits and without regard for the negligence or any damages of any 3rd-party arising in connection with work of the company under this agreement, and actions would handled directly with that entity.
- “Force Majeure” Except as otherwise provided in this Agreement, Company shall not be liable for any delay or damage due to, occasioned or caused by circumstances or causes beyond its control (hereinafter “force majeure”). Force majeure shall include, but shall not be limited to, earthquake, tornado, hurricane, wind, flood, explosion, fire, acts of God or public enemy, war, national emergency, invasion, insurrection, riot, strike, lockout, shutdown, stay orders, or any other industrial disputes, laws, rules, regulations, orders, directives, or requirements of, or interference by any government or representatives thereof, or other circumstances, whether similar or dissimilar, foreseen or unforeseen, which are reasonably beyond the control of the party whose performance is affected. In the event that either party hereto is rendered unable, wholly or in part, by any of such causes of force majeure to carry out its obligations under this Agreement, such party shall give notice in writing to the other party as promptly as possible after the occurrence of force majeure. The obligation of the parties under this Agreement shall be suspended during the time such causes of force majeure are in effect. The party delayed or prevented from performing for any such cause shall do things reasonably possible to remove such causes and shall resume performance hereunder as soon as cause is removed, provided that this provision shall not be construed as requiring any party to settle or resolve any strike, lockout, or other labor disputes, if the sole judgment of the party suffering such dispute, such action will be detrimental to such party. The Company shall have no responsibility for damages from fire, windstorm, flood, hurricane, tornado, or other hazard, as is normally contemplated to be covered by property insurance. The Company is not responsible for any damage below the roof decking due to ice dams, wind, condensation, hail, thunderstorm, rain or any other reason.
- The Company will provide the client with a limited warranty limited to repair or replacement of defective workmanship only for a period of no more than 3 years. The Company shall not be liable for any consequential damages. Any damages shall be limited to return of the contract price. The Contract and warranty shall not be assigned and is non-transferable. For warranties to be valid the contract must be paid in full.
- If contract is breached or cancelled by client after materials arrive, there will be a fee equal to twenty-five (25%) of the contract price to be paid to company as liquidated damages. If contract is breached before materials arrive there will be a fee of $1500.00 paid to company within (30) days of contract signing.
- The Company has the right to order excess. The client will not be charged above the agreed upon price. All excess materials belong to the company.
- The Company is not responsible for evaluating your homes venting and circulation system status. We will install vents and soffit in accordance to your insurance work order and/or in our estimate of what company determines is most efficient ventilation.
- Mold is a common occurrence in Georgia homes and any questions about the dangers from mold can be determined by contacting the CDC or the Georgia Department of Health. Client agrees that the company will not be responsible for any damages caused by mold or any other biological material, regardless of whether it may be associated with defects in the Company construction services, including but not limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, adverse health effects or any special consequential, punitive and/or any other damages.
- “Default” – If Property Owner defaults in any of the terms and conditions contained herein, the Company may terminate this Contract and payments made hereunder may be retained by the Company as liquidated damages. If Property Owner owes payment to the Company, Property client agrees to pay attorney’s fees, cost, disbursements, and interest (at the maximum rate allowed by law) for cost incurred by the Company to enforce its rights under this agreement to collect such payment from Property Owner/client. This includes but is not limited to collection services and 3rd party costs.
- “Risk of Loss” If there is any loss or damage to the work not through any fault of the Company’s work prior to completion of the work, the risk of loss shall be on Property Owner.
- “Openings and Matching” Property Owner hereby authorizes the Company to make all openings necessary or appropriate to perform this Agreement, and the Company will close such openings in a professional manner. Client acknowledges that it is often not possible to exactly match the existing colors, texture, and the like composite or style and will not hold the company responsible and/or liable for any amount or action concerning matching.
- “Hidden and Unknown Conditions” – If conditions are encountered at the site which are subsurface or otherwise concealed physical conditions which differ materially from those indicated in this Agreement, or Unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Agreement, then noticed by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later then 21 days after the first observance of the conditions. The Client and the Company will promptly investigate such conditions and will negotiate for an equitable adjustment in the contract sum, contract time or both based on the situation. If rectifying such conditions causes the project to be delayed, the Company will collect payment for the percentage of the job completed (to be determined by the Company) and will resume the project when unknown conditions are rectified.
- “Change Orders and Allowances” – Any change in the contract, including all changes that affect the price, must be approved in writing by both parties, indicating the change and any increase or decrease in the price. Unless otherwise agreed to in writing, all adjustments to the contract price shall be payable upon completion of the work. However, the Company reserves the right to require additional money for any increases in the contract price prior to completion of the work if deemed necessary to complete the work.