Terms and Conditions

1. Individual signing on Owner/buyer or other authorized signature line represents that he/she is the owner or authorized agent of the owner of the real property upon which work is to be performed, and is hereinafter referred to as Buyer.
2. Estimates are valid for fourteen (14) days from date of issuance. Signature of Buyer, Estimator and Production Manager creates an agreement.
3. All work shall be performed in a good and workmanlike manner, in accordance with accepted industry standards. Structural changes requiring engineering/design work are expressly excluded from this agreement unless specifically set forth in writing on the proposal.
4. Courtesy Roofing and Construction shall comply with regulations of the Registrar of Contractors, State of Arizona.
5. Buyer shall provide suitable access to property and water, electricity and other utilities as required to complete the work and shall not unreasonably restrict access to property or otherwise hinder the ability of Courtesy Roofing and Construction to complete work in a timely fashion.
6. Buyer consents to filing of a mechanics lien, or such other instrument as Courtesy Roofing and Construction and/or its suppliers may deem appropriate to secure payment.
7. If completion of the work is delayed by Buyer and/or its representatives for more than thirty (30) days from start of production, Courtesy Roofing and Construction has the right, but not the obligation to terminate this agreement. If Courtesy Roofing and Construction terminates the agreement, it shall retain Buyer’s deposits to compensate for its losses. If Courtesy Roofing and Construction does not terminate, and for the purpose of securing the agreed upon material pricing and storing said materials until production resumes, payment in full is due and payable immediately. In the event of work stoppage for any reason, Buyer, shall provide for protection of and be responsible for, any damage, warpage, racking, or loss of material on the premises whether or not installed.
8. Buyer warrants that he/she is financially solvent and agrees to pay all invoices presented according to terms. Invoices are due upon issuance. Courtesy Roofing and Construction may stop work if payments are not made as agreed, and may stay stopped until payments are brought current. A failure of Buyer to make payment for a period in excess of seven (7) days beyond its due date shall be considered a material breach. Overdue payments will bear interest at the rate of two percent (2%) per month beginning thirty days after invoice issuance as a finance charge. In the event of default Buyer agrees to pay reasonable collection charges and/or attorney fees. If Buyer is a general contractor (“Contractor”), then the project owner’s failure to pay Contractor shall not relieve Contractor of its obligation to pay Courtesy Roofing and Construction as specified in this agreement. Payments received may first be applied to finance charges assessed, if any, and the remainder to principal.
9. Buyer will provide Courtesy Roofing and Construction thirty (30) days advance notice prior to filing for bankruptcy or any other form of protection from creditors; upon receipt of such notice, or the filing of bankruptcy or other protective action (whichever comes first), Courtesy Roofing and Construction may immediately suspend work and terminate the agreement, at which time all sums under this agreement will be due and payable and Courtesy Roofing and Construction shall be released from any and all liability due to suspension of work under this section.
10. In the event the actual work surface is larger than represented on the blueprint from which an estimate was prepared, Buyer agrees to compensate Courtesy Roofing and Construction for the additional work performed at the per square foot bid rate.
11. Change orders may be invoiced upon receipt and are due and payable immediately.
12. This agreement does not guarantee roof or walk deck drainage, nor does it include downspouts, gutters, pipes, flashings or other materials that may be necessary to ensure drainage unless specifically stated on the agreement.
13. Application of additional foam and/or walk deck material to ensure drainage will be an additional charge.
14. Z-metal and J-weep are not included in the bid unless specifically stated.
15. Roof tear-off bids include one layer of roofing materials unless specifically stated otherwise on the bid. Removal of additional layers of roofing materials will be an additional charge.
16. Courtesy Roofing and Construction shall not be responsible for any damages caused by the unforeseen failure of a foam roof, which was initially installed by others, where Courtesy Roofing and Construction was only hired to apply a maintenance coating to said roof.
17. Structural repairs needing to be made that become evident upon tear-off will be subject to an additional charge.
18. Courtesy Roofing and Construction shall not be responsible for incidental or consequential damages to the interior or contents of the structure upon which work is to be performed caused by leaks before, during and after work performance, except for those directly caused by defects in Courtesy Roofing and Construction workmanship.
19. Material warranties, if any, are those of the manufacturer and are hereby assigned and transferred to Buyer upon receipt of final payment by Courtesy Roofing and Construction. Material warranty claims shall be filed directly with the manufacturer and not through Courtesy Roofing and Construction.
20. Courtesy Roofing and Construction specifically disclaims any and all liability for mold and/or fungus, including but not limited to byproducts, whether known to exist, could have been known to exist, or be reasonably anticipated to exist in the future, together with any alleged and/or actual damages incurred as a result of the alleged, threatened and/or actual presence of these.
21. Courtesy Roofing and Construction is not liable to replace installed materials removed by other than Courtesy Roofing and Construction employees for inspection purposes.
22. Courtesy Roofing and Construction shall not be held liable for any loss, damage or delays caused by fires, strike, acts of war, windstorm, inability to obtain materials, or Acts of God. Buyer shall protect and insure the project, including Courtesy Roofing and Construction’s installed work, via Builder’s Risk or other suitable insurance policy.
23. Courtesy Roofing and Construction may take photos of job site for record keeping, and may use photos for advertising purposes without compensation to Buyer and/or owner. Courtesy Roofing and Construction may also install a sign at the job location.
24. This contract may be canceled without penalty within three days of signing or prior to work commencement, whichever comes first. In event of cancellation, any down payment may be retained by Courtesy Roofing and Construction as a fee for the costs associated with establishing the agreement and Buyer agrees this is reasonable.
25. NO VERBAL AGREEMENT IS BINDING ON EITHER PARTY. This document contains the entire agreement between the parties, and can be modified only in writing signed by both parties. The waiver by Courtesy Roofing and Construction of a breach of this agreement, or failure to enforce any part of this agreement, including the Terms and Conditions shall not be deemed a waiver of any subsequent breach of the same or any other provision of this agreement. Warranties, if any, are sole and separate contracts.
26. Courtesy Roofing and Construction labor warranty is valid to Buyer only for the quoted period of time and is transferable, or for two years from date of completion of work for new construction unless otherwise specifically agreed to in writing. Warranty is valid only upon receipt of payment in full.
27. The laws of the State of Arizona shall govern this agreement. Jurisdiction is Maricopa County, Arizona.
28. If any conflict between the Terms and Conditions of this agreement and the laws of the State of Arizona exist, this agreement shall be amended only to the extent necessary to comply with the laws of the State of Arizona, with no change in any other Terms and Conditions. Conflicts between any term of this agreement and any other contract document applicable to the project shall be resolved in favor of the terms of this agreement.
29. Courtesy Roofing and Construction’s indemnity obligations, if any, shall be limited to losses suffered by Buyer to the extent those losses arise out of negligence attributable to the acts and/or omissions of Courtesy Roofing and Construction, and in any event Courtesy Roofing and Construction’s liability shall be limited to amounts paid to Courtesy Roofing and Construction by Buyer under this agreement.