"Edwin Pawlowski" wrote
Most of the clauses are
standard language stuff from the Commercial Code.


Tell me you're kidding. There is nothing standard about the parts below.

" 3. SHOULD DEFAULT BE MADE IN PAYMENT OF THIS AGREEMENT FOR MORE THAN
FIFTEEN DAYS, A LATE CHARGE EQUAL TO FIVE PERCENT"

This next one, would be worthwhile to forward to the State Attorney General.
They think they're clever by putting the "not as a penalty", where as it is
a penalty, and not allowed in any state.

"11. IF THIS AGREEMENT IS CANCELLED BY THE CUSTOMER, CUSTOMER SHALL PAY TO
THE COMPANY TWENTY-FIVE PERCENT (25) OF THE TOTAL AGREEMENT AMOUNT AS
LIQUIDATED DAMAGES, NOT AS A PENALTY, AND THE COMPANY AGREES TO ACCEPT SUCH
AS A REASONABLE AND JUST COMPENSATION FOR SAID CANCELLATION."

Simply outrageous, put in to leave the owner holding the bag.

"15. DURING THE DURATION OF THE WORK, THE CUSTOMER'S HOMEOWNERS INSURANCE
WILL BE RESPONSIBLE FOR ANY INTERIOR DAMAGE AS LONG AS THE COMPANY HAS TAKEN
APPROPRIATE ACTION TO PROTECT THE ROOF DURING THE REPAIR OF THE ROOF."

The customer is supposed to point out wood rot? That's an obligation by the
construction crew, to notify the consumer of problems. Nail pops can show
up after the new roof, because the nails weren't driven properly. This
clause is a go-ahead to rip off the consumer.

"17. THE COMPANY IS NOT RESPONSIBLE FOR PRE-EXISTING CONSTRUCTION
DEFICIENCIES THAT MANIFEST THEMSELVES DURING THE CONSTRUCTION PROCESS, I.E.
NAIL POPS, WOODROT, DECKING DEFLECTION, ETC. IF A CONSTRUCTION PROBLEM IS
POINTED OUT PRIOR TO CONSTRUCTION AND COMPANY IS NOTIFIED IN WRITING,
COMPANY WILL TRY TO ASSIST CUSTOMER TO CORRECT THE PROBLEM(S) ON A TIME AND
MATERIAL BASIS."

This pretty much states no implied warranty what-so-ever. In other words,
the consumer is SOL, and they do less than desirable workmanship.

"19. COMPANY ACCEPTS NO LIABILITY TO INDEMNIFY OR HOLD CUSTOMER HARMLESS FOR
DAMAGES TO PERSONS OR PROPERTY, EXCEPT THOSE THAT ARE THE DIRECT RESULT OF
COMPANY'S NEGLIGENT ERROR OR OMISSION WHICH OCCUR DURING PERFORMANCE OF THE
COMPANY'S WORK. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES TO
PERSONS OR PROPERTY RESULTING FROM MOLD GROWTH WITHIN ANY PART OF THE
BUILDING ENVELOPE DUE TO MOISTURE ENTERING THE BUILDING ENVELOPE PRIOR TO
COMPANY'S COMPLETION OF INSTALLATION OF THE ROOF SYSTEMS/MEMBRANE, SIDING,
WINDOW AND GUTTER SYSTEMS OR AS THE RESULT OF DAMAGE TO OR PENETRATION OF
THE INSTALLED ROOF SYSTEMS/MEMBRANE, SIDING, WINDOW AND GUTTER SYSTEMS BY
OTHERS. CUSTOMER UNDERSTANDS AND AGREES THAT COMPANY SHALL HAVE NO
RESPONSIBILITY AT ANY TIME AFTER COMPLETION OF THE WORK FOR DAMAGES OF ANY
KIND TO PERSONS OR PROP
ERTY LOCATED BELOW THE INSTALLED ROOF SYSTEMS/MEMBRANE, SIDING, WINDOW AND
GUTTER SYSTEMS, WHETHER OR NOT SUCH DAMAGES RESULT FROM (A) LEAKS OR
WEATHER-ORIENTED SOURCES OR (B) MOLD GROWTH."

What's the potential damage which can occur above agreement.....priceless.

"20. THE COMPANY'S MONETARY DAMAGE LIABILITY FOR ANY CLAIM OF PROPERTY
DAMAGE
ARISING OUT OF THE COMPANY'S PERFORMANCE OR NON-PERFORMANCE OF THIS
AGREEMENTSHALL NOT EXCEED THE TOTAL AGREEMENT AMOUNT."