TERMS AND CONDITIONS

These Terms and Conditions are incorporated and made part of the Roofing Contract, along with the Scope of Work. The term “Agreement” shall include the Roofing Contract, Terms and Conditions, and Scope of Work.

The Agreement is subject to credit and pricing approval of Solstice Roofing, LLC and, if applicable, claim approval from Owner’s insurance company.

Solstice Roofing, LLC shall hold in trust any payment from Owner until Solstice Roofing, LLC has delivered roofing materials at the residential property site or has performed a majority of the roofing work on the residential property.

Owner may cancel or rescind the Agreement and obtain a full refund of any deposit within seventy-two (72) hours after signing the Agreement pursuant to C.R.S. §6-22-104. If the Agreement is canceled by Owner later than seventy-two (72) hours from receipt of the written notice identified in C.R.S. §6-22-104 or if the Owner cancels the contract for a reason other than the receipt of written notice identified in C.R.S. §6-22-104, the Owner shall pay to Solstice Roofing, LLC twenty percent (20%) of the Agreement price described in the Scope of Work, as liquidated damages, not as a penalty, and Solstice Roofing, LLC agrees to accept this amount as a reasonable and just compensation for cancellation and the efforts that it expended in relation to the subject of this Agreement.

If Owner plans to use the proceeds of a property and casualty insurance policy issued pursuant to part 1 of Article 4 of Title 20, C.R.S., to pay for roofing work, pursuant to section 6-22-105, Solstice Roofing, LLC cannot pay, waive, rebate, or promise to pay, waive, or rebate all or part of the insurance deductible applicable to the insurance claim for payment for work on the covered residential property.

Owner shall pay all Solstice Roofing, LLC invoices within ten (10) business days of receiving an invoice. Should default be made in payments owed under the Agreement, charges shall be added from the date of default at a rate of one and one-half percent (1.50%) per month per annum. Solstice Roofing, LLC shall be entitled to recover all attorneys’ fees, legal filing fees and costs expended in enforcing the collecting of any charges payable under the Agreement.

If Owner chooses not to perform or pay for a part of the Scope of Work an individual line item, or a trade, Owner releases Solstice Roofing, LLC from performance of that component.

Supplements paid by the Owner’s insurance company for additional labor and/or materials needed beyond the original Scope of Work are part of this Agreement as if contained herein and will be paid to Solstice Roofing, LLC either by the Owner or the Owner’s insurance company. Solstice Roofing, LLC has the right to request supplements from the Owner’s insurance company to address unknown condition or omissions from the insurer’s estimate.

The Agreement does not include work on any items not included in the Scope of Work, for example, replacement of deteriorated decking, roof jacks, ventilators, flashing, confined rakes, headwall flashing, masonry, skylight flashing or curbs, replacement or roof rafters or broken beams, code upgrades, or other materials, if not included in the Scope of Work, or approved by Owner’s insurance company.

Any alteration or deviation from the Scope of Work will only be performed if a written and signed change order is entered into by Owner and Solstice Roofing, LLC.

SOLSTICE ROOFING, LLC’S FIVE (5) YEAR WORKMANSHIP WARRANTY (ROOF REPLACEMENT ONLY). Solstice Roofing, LLC’s warranty covers the roof only and only when Solstice Roofing, LLC replaces the entire roof. The workmanship warranty covers the labor to correct problems with the installation of the roof. The warranty does not cover damage to roofs caused by lightning, gale winds (50MPH or more), hurricane, tornado, hailstorm, impact of foreign objects, or damage to roofs caused by the settlement, distortion, failure, or cracking of the roof deck, walls, or foundation of the building. Owner will not receive labor, material, or manufacturer warranties if the Agreement is not paid in full. This warranty does not apply to roof repair work that Solstice Roofing, LLC performs that is not a complete roof replacement.

Owner is solely responsible for any necessary homeowners/owners association approvals of roofing products and color.

Owner grants Solstice Roofing, LLC permission to display a sign in Owner’s front yard for up to thirty (30) days after Solstice Roofing, LLC completes its Scope of Work. The roofing crew will arrive between the hours of 6:00 am – 8:00 am on the scheduled install day and work will begin without notice to Owner. Dirt and dust may enter Owner’s property. Solstice Roofing, LLC shall not perform any interior cleaning. There may be extension cords, debris on the ground, or coming off the roof. Owner must be observant and stay clear of the work area. It is the Owner’s responsibility to plan accordingly to ensure their family, friends and visitors are aware and use caution. Solstice Roofing, LLC is not responsible for any resulting injury.

A dump trailer will be parked in the most easily accessible area of the property. This may result in driveways or garages being blocked. Owner must ensure all vehicles are parked out of the garage and out of the driveway. Solstice Roofing, LLC will not be able to move the dump trailer until the end of the project.

Owner must remove all valuables from the perimeter of the property that can be damaged by falling debris (all vehicles, trailers, flowerpots, patio furniture, pool/hot tub covers, solar stake lights etc.) It is Owner’s responsibility to protect the landscaping and valuables.

All pictures, wall hangings, lights and collectables, both indoors and out MUST be secured by Owner. Any damage to personal items during installation will not be the responsibility of Solstice Roofing, LLC.

The relevant building code requires specific length nails. Nails will penetrate decking and could be visible in some areas. Solstice Roofing, LLC may be posting a building permit. Owner shall not remove the permit until it has been inspected by the appropriate building department.

Solstice Roofing, LLC will not be liable for any satellite or internet service outages. If any equipment from Owner’s satellite or internet provider must be removed and disconnected, Owner must schedule a time for the service provider to reconnect any equipment.

Solstice Roofing, LLC will not be liable for any damage that occurs below the roof decking if Owner does not notify Solstice Roofing, LLC of any gas pipes, electrical lines, AC lines, refrigerant lines under the roof decking before the project is started.

Solstice Roofing, LLC will not be liable for any structural movement of the foundation or walls, settling, cracks in drywall or drywall tape, ceiling plaster, nail pops, skylights, personal property in attic spaces, damage to patio covers, cracking or breaking of the driveway during roofing or loading processes, minor scratching or denting of rain gutters, or damage to stucco or paint that has been applied over roofing materials.

Solstice Roofing, LLC shall not be liable for the failure of performance due to labor controversies, strikes, fire, weather, inability to obtain material from usual sources, acts of God, or any other circumstances beyond the control of Solstice Roofing, LLC.

The Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the Owner and Solstice Roofing, LLC, subject to the conditions herein contained. If Owner is more than one person, each Owner hereby appoints the other Owner as an attorney-in-fact, coupled with an interest, empowered to execute any change orders, riders, amendments, modifications or addendums to the Agreement.

The laws of the State of Colorado shall govern the construction of and interpretation of this Agreement. The parties intend that the provisions of this Agreement shall be binding upon them to the extent enforceable under Colorado law. If any provision or any portion of a provision of this Agreement or of any other document to be executed in connection with this Agreement is deemed to be unenforceable, such unenforceability shall not affect the remaining portion of that provision or of any other provision of the Agreement or such other document, as each provision of the Agreement and of all such other documents shall be deemed to be severable from all other provisions of the Agreement and such other documents. If there is more than one Owner, the obligations hereunder imposed upon Owner shall be joint and several. Captions and subheadings are included in the Agreement for ease of reference and have no substantive effect on the terms or conditions of the Agreement.

PAYMENT TERMS: Deposit, Balance upon completion.

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