Contract Documents – The contract documents shall make up the “contract”, which shall serve as the final agreement between the parties. The contract shall include any or all of the following documents, the proposal, scope of work, material list, drawings, photos, terms & conditions, and warranties. These shall define the job and serve as the basis for agreement between the “Customer” and AIC Roofing & Construction, Inc., “AIC”. The contract shall supersede any other agreements made between the parties, either written or oral.
Fulfillment – AIC shall fulfill the specifications of the contract. AIC has sole authority regarding the means, methods, and sequences to furnish a product that meets the standards set by the manufacturer, and the applicable governing laws and codes.
Third Parties – AIC may utilize third parties such as subcontractors, suppliers, or any other vendor to provide labor, materials, delivery, and/or equipment which may be required in the fulfillment of the specifications of the contract.
Additional Work, Change Orders, Upgrades – Any additional work, change orders, or upgrades, which are outside of the agreed upon contract shall be handled under a separate work order agreement.
Rotten Wood Replacement – Unforeseen changes such as rotten wood discovered during the fulfillment of the contract will be required to be corrected, and shall be remedied as part of this contract and at AIC’s sole discretion. Customer will be charged a unit price which will include material and labor. Customer agrees to pay for the replacement of all deficient, compromised, or rotten wood that has been determined to directly affect AIC’s ability to fulfill the contract.
Payment Terms – Payment shall be made upon completion of agreed scope of work. In the event of a multi-trade contract (roofing, siding, gutters), Customer shall remit payment for each trade as it is completed, unless otherwise noted in the contract documents. If the job has resulted from an insurance claim, Customer is required to sign over their first insurance check, or remit payment for the ACV amount at the walk-through. It is the responsibility of the customer to provide all documentation required to the insurance company to expedite the release of the depreciation. After 60 days, the depreciation amount is due in full, and subject to late fees of 1.5% per month. In the event there is a difference in the claim settlement and the contract with AIC, Customer is responsible for the full value of the contract plus any change orders. Any such differences should be considered an “out-of-pocket” expense for Customer.
Payment Default – In the event of payment default, Customer shall pay all costs incurred by AIC in the collection and enforcement of the contract, including but not limited to attorney fees, court costs, and late fees (1.5% per month, beginning at invoice date). Customer is advised that a payment default will result in a temporary suspension and/or permanent cancellation of the issued workmanship warranty, or where applicable the manufacturer’s extended warranty. In the event of a returned check, AIC will charge Customer a $50 service fee.
Payment Retainage – Payment is due and expected at the walk-through inspection. If punch-list items or issues remain at the conclusion of the walk-through, Customer may withhold up to 10% of the contract amount until the remaining items are completed. The retained amount is due when punch-list items are complete.
Customer Financing – AIC offers customer financing through a third-party vendor. The monthly estimates provided are for bidding purposes only and do not reflect the actual financing terms of the agreement. Customer shall refer to their financing agreement with the selected vendor for financing terms, rates, and conditions and payments.
Turnkey Service – AIC operates as a turnkey service provider. AIC bears sole responsibility to accurately evaluate, measure, and estimate the job based on a number of considerations. It is AIC’s responsibility to procure all labor and materials to perform the contracted work. All materials are purchased by, and property of AIC; unused materials shall not be removed from the staging area by anyone except an AIC representative. AIC does not issue invoice credits for unused materials. Upon completion, AIC will leave (1) bundle of shingles at the request of Customer.
Liability Limitations – This contract is contingent upon strikes, accidents, acts of God, weather and/or other delays beyond the control of AIC. AIC shall not be liable for any interior cracking of ceilings, walls, or floors due to load exchange during roof removal and installation. AIC is not responsible for any tire markings, depressions, or cracks in driveways, lawns or sidewalks caused by trailers, trucks, dumpsters, materials and/or other equipment. The maximum liability for AIC shall be limited to the original cost of labor and materials for the work performed by AIC. Customer agrees that the original cost of labor and materials for the work performed by AIC shall be the liquidated damages sum herein, and AIC’s limit of liability. Customer expressly waives any claim to loss of income or revenue, or loss of use of equipment or property due to the fulfillment of the contract.
Gutters & Gutter Covers – AIC will provide care and attention to protect gutters from damage, however minor dents, dings, and scratches can and often do occur. In the event that minor damage occurs, AIC will not be responsible for replacement of any gutters and/or downspouts; AIC will use manufacturers color match paint to repair any minor blemishes. Customer is advised that paint will not be a perfect match. If the home has gutter covers with an installation warranty, Customer is responsible to schedule their removal and resetting with the warranty holder. If the home has gutter covers still in place on the day of installation, AIC will remove and discard them. AIC will not reinstall or reuse existing gutter covers.
Flat/Low Slope Roofs– Low slope roofs can have issues such as ponding or standing water resulting from framing imperfections, slope, or drainage. AIC shall not be responsible for standing water unless specifically stated in the contract.
Skylights – AIC recommends that skylights be replaced as part of any roof replacement. If skylights are not replaced, AIC will utilize leak barrier and step flashing where possible to integrate the existing skylight(s) with the new roof. Customer is advised that any issues arising due to existing skylights which were not replaced as part of a roof replacement, will not be covered as part of the installation warranty.
Customer’s Obligations – Customer acknowledges and accepts responsibility for the following: (a) to provide free and clear access to the exterior of the home, backyard, and driveway; (b) to permit the use of the driveway to store job-related materials, and any roll-off dumpsters, trailers, or other equipment required; (c) to remove, secure, or schedule with any relevant third parties to provide any specialized service, including realignment or reattachment that may be required for existing gutter covers, solar panels, satellites, antennas, or any other mounted devices or electronics fastened to the exterior of the property; (d) to secure any interior or exterior personal property, especially any irreplaceable heirlooms or items that would be at risk due to falling as a result of wall vibrations or jarring; (e) to provide care and safe keeping of children and pets for the duration of the project; (f) to prepare the exterior property for AIC, including mowing, landscape trimming, and removing any tree branches or shrubs which could come in contact with the roof surface, or impede access to the jobsite; (g) to remove or provide protection to personal items in the attic spaces; (h) to make an AIC representative aware of any open “tongue and groove” style roof covering located on the property.
Interior Damage – AIC includes interior damage protection “IDP” on Signature and Safeguard roof replacement packages exclusively. IDP coverage includes drywall repair and matching paint. Any wood replacement or mold mitigation required is not included as part of IDP. AIC will color match paint for use in the area of repair, with a maximum paint application of corner to corner. It is the responsibility of Customer to report any leak to AIC within 7 days of occurrence, and by the 2 year anniversary of the roof replacement completion date when the coverage ends. Interior damage due to ice damming or any other “Act of God” is not covered with IDP on any roof replacement package.
Insurance Requirements – Customer shall provide and maintain adequate homeowners/property insurance equal to or greater than the value of all improvements on the property. AIC shall provide and maintain general liability, worker’s compensation, and automobile insurance.
Signage and Advertising – Execution of this agreement authorizes AIC to place a sign in the customer’s yard or visible area. Any photos or video captured is the property of AIC and can be used for marketing, training, or any other purpose AIC sees fit.
Cancellation – Customer shall have a 3 day right to rescind. Customer shall inform AIC of cancellation in writing via hand delivery, email, or postal service by midnight of the third day after the contract is signed. If Customer cancels for any reason after the rescission period, AIC shall refund any deposit received within 30 days, but shall withhold a $500 cancellation fee. If any non-refundable, special order materials have been ordered or purchased in the fulfillment of the agreed scope of work, the customer agrees to take full responsibility for all costs incurred by AIC, plus a 20% surcharge, as well as arrange to take possession and delivery of ordered materials. AIC shall have the right to cancel for any reason within the first 7 days.
Disputes – If a dispute arises between the parties, Customer consents to arbitration through the Better Business Bureau’s Dispute Resolution Center. If a dispute must be settled through arbitration or litigation and AIC prevails, AIC shall be entitled to recover any losses incurred as a result of the dispute, including any attorney’s fees.
Default – In the event either party defaults in performing any covenant herein, the non-defaulting party shall deliver to the defaulting party a dated “NOTICE OF DEFAULT”, specifying the default and requesting the correction thereof. In the event the default is not corrected within the fifteen (15) days, the non-defaulting party shall have any and all remedies at law and/or in equity, in addition to any other remedy provided for under Kentucky law. AIC shall have the right, but not the obligation, to suspend or terminate its work, to retain all deposits then held and to peacefully repossess all materials previously delivered or installed, for which payment has not been made in full, to remove its equipment from the job site and terminate this agreement/contract.
Entirety – This Agreement constitutes the entire agreement between the parties; it may be changed only by a written instrument executed by both parties. There are no oral agreements of any kind.
Severability – If any provision of the Agreement should be held to be invalid or enforceable, the validity and enforceability of the remaining provisions shall be unaffected.
Full Disclosure – During the fulfillment of the contract (a) minor dents, dings, scrapes, and scratches of the existing gutters is possible; (b) individual pieces of vinyl siding could be chipped or cracked and subject to repair or replacement; (c) shrubs, tree branches, and flowers could sustain minor damage; (d) sawdust and debris will enter the attic; (e) existing gutter covers will be removed and discarded; (f) drywall or plaster could show isolated cracks or “nail-pops” as a result of the rooftop load exchange; (g) garage doors can be scratched or scraped; (h) items can be dislodged from walls, shelves, or ceilings. AIC will work to reduce or eliminate the risk for property damage as much as possible, however there is an inherent risk for minor, “no-fault” property damage due to the size and scope of the project
Lexington: 859-759-4626
