TERMS AND CONDITIONS

1. The services that Yellow Jacket Emergency Services and/or Tier 1 Roofing (hereafter referred to as "Company”) Will provide are limited to those specifically described herein. The services described constitute a comprehensive specification that expressly excludes all services not specifically described in this contract. Company’s performance of services is limited by, among other things, the pre-existing conditions, and characteristics of the property. COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PRE-EXISITING OR HIDDEN CONDITIONS KNOWN OR UNKNOWN. Customer shall retain responsibility and shall be liable for effects and costs necessary to correct such conditions. If a party other than Company makes corrections while Company is performing work, Company shall stop work and receive payment for percentage of work completed to date. Company may resume the project once the condition has been rectified.
2. All contracts are subject to our approval of our credit department and office without exception. The person executing this contract must obtain approval from a Company MGR for this contract to be effective under any conditions in the state of record.
3. If the customer fails to perform in his/her duty to cooperate with Company to obtain licenses, permits and authorizations or customer cancels this contract later than midnight of the 3rd business day from execution, customer shall pay twenty percent (20%) of insurance proceeds or $2,000.00, whichever is greater, to Company as compensation for said cancellation to be effective to cover inspection services, estimates, traveling and time spent with insurance and adjusters. Cancellation must be sent via certified mail to Company
4. Customer acknowledges and agrees that mold is commonly found throughout and agrees to hold harmless and indemnify Company from any claims arising out of or relating to indoor air quality, mold fungus, etc., whether existing or a future condition regardless of whether it may be associated with defects in Company construction or services, including but not limited to property damage, personal injury, death, loss of income, emotional distress, loss of use or valve, adverse health effects or any special consequential punitive or other damages.
5. If hidden or unknown conditions are encountered at the site which either materially differ from indicated in agreement or materially differ from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for this agreement, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after the first observance of condition. Company will promptly investigate condition and negotiate for an equitable adjustment to contract, time or both.
6. Customer authorizes Company to make app openings to perform this contract and Company will close such openings. Customer acknowledges that is often not possible to exactly match existing colors, textures, etc. Customer understands and agrees the Company is not responsible for evaluating design factors including but not limited to venting and circulation systems and that vents and soffits will be installed according to FL building code.
7. Customer understands and agrees that Company will not be responsible for any special indirect, punitive speculative, consequential damages for any penalties regardless of the legal or equitable theory asserted including any damages caused by settlement, vibration, distortion, water intrusion or failure to the foundation on which the roof rests, or damage caused by weather or acts of God nor for any damages or delays due to strikes, weather or accidents beyond Company control, nor inherent defect in the premises on which the work is to be done and in no event shall Company be responsible for interior or exterior damage to building, its contents or surrounding property.
8. This contract is based on the fact that Company will have direct access to eaves of roofs for heavy trucks and equipment unless otherwise stated. If such access to the eaves is over existing driveways or lawn Company will not be responsible for any damage that may occur because of the weight of the equipment and vehicles even if protection is provided. Customer understands that Company will not be responsible for damage because of equipment or vehicles.
9. If skylights are present and Company is not contracted to install, repair etc. said skylights Company will not be responsible for any leaks or issues even if they had to be removed to complete work, we recommend customer purchase new skylights to avoid problems.
10. If decking needs replacing but is not covered by insurance customer will be charged $100 per decking sheet and $15 per linear foot repaired for plank decking.
11. Company will not be liable for failure of performance due to labor controversies such as fire, weather, strikes, inability to obtain materials or any other circumstance beyond the control of Company
12. Customer agrees to fully cooperate with Company in obtaining licenses, permits and authorizations to complete contract work in a timely manner. Customer agrees to be responsive and communicate with Company if signatures or documents are needed, and to respond within a timely manner. Customer hereby appoints Company as its agent to obtain same. Customer agrees to meet with Companys representative to endorse insurance checks when required within 48 hrs of being contacted via email or phone and understands that failure to do so may interfere with Companys ability to operate and may cause monetary damages to Company’s business.
13. Company will provide customer with a 1-year warranty to repair/ replace defective material or workmanship. Customer agrees that decision of defective material to replace or repair will be at the sole discretion of Company will not be liable for any damage to roof or under roof due to storms, wind, ice, condensation, or any other act of God during warranty period.
14. Company is entitled to charge 1.25 percent per month on any due balance after 10 days. Should a legal matter arise from performance or balance turned over to collection Company will have the right to obtain all costs of collection or defense under the full extent of the law including reasonable attorney fee.
15. Customer acknowledges and agrees that no warranty of any kind has been made by Company or its employees other than what has been stated in this Agreement. Any modifications to this to this Agreement shall be in writing and signed by both parties.
16. At Company’s sole choice and discretion, all claims, disputes and other matters in question arising out of or relating to this contract or the breach thereof exclusively between the customer and Company shall be decided in Duval County by Arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association.  This arbitration provision and any waiver of a right to jury trial provided herein does not apply to any claims, disputes, or other matters arising out of or relating to this contract or the breach or interpretation thereof between Company and customer’s insurance carrier(s). Company shall have the exclusive right and discretion to waive or compel the arbitration of any claim, dispute, or other matter in question arising out of or relating to this contract or the breach thereof between the customer and Company. The Arbitration shall take place in Duval County and each party will be responsible to pay their portion of any fees associated with it.  The award rendered by the arbitration shall be final and judgment may be entered upon the award in accordance with the Florida Arbitration Act. If the award is contested by either party, the issue shall be submitted to a court of competent jurisdiction in Duval County and the arbitration shall be stayed until the determination by the court. CUSTOMER AND COMPANY HEREBY EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ALL CLAIMS, DISPUTES AND MATTERS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE BREACH THEREOF.