Terms and conditions | Roofsimple

All transactions between you (the “Customer”) and Roofsimple (the “Company”) for the purchase and sale of all services supplied by the Company (the “Services”) to the Customer named in the attached (the “Quote” of “SOW”) or acknowledgment provided to the Customer hereunder are governed by these terms and conditions of sale (the “Terms and Conditions”).

1. Acceptance

All contracts are subject to acceptance by Roofsimple (“Company”). Prices in the Quote or this contract are valid for 90 days from the date of signing. Unless otherwise agreed in writing, all changes are subject to the Company’s regular pricing.

This contract does not include asbestos abatement, removal, encapsulation, or lead paint removal unless expressly specified. If asbestos or lead paint is discovered, any related costs shall be paid by the Customer. The Company is not responsible for damages to window screens left in place or for improperly installed mechanical systems as defined by local building codes.

The Customer represents that they own the property where the Services will be performed. The Customer is responsible for identifying boundary lines and obtaining any necessary zoning variations before Services begins. The Company will comply with all local requirements for permits, inspections, and zoning. Any surplus materials remain the property of the Company. The Customer agrees to allow the Company to use on-site utilities at no cost. If the Company cannot complete the Services for any reason, it may assign its obligations to a contractor of its choice.

2. Insurance Jobs

If this contract is related to an insurance claim, the Customer acknowledges that this contract constitutes the entire scope of Services. The insurance estimate is not part of this contract and does not dictate the Services to be performed. Only the Services explicitly written in this contract will be completed for the contract amount stated in the Quote or the Scope of Work (SOW). Any additional Services requested beyond this contract will require a separate written agreement and may incur additional costs.

If the Customer receives checks directly from the insurance company and cashes them, they are responsible for paying the Company for the full contract amount as outlined in this agreement.

3. Change Orders

Any revisions, modifications, or additional work beyond the original scope of this contract must be documented through a formal change order. Change orders may include additional costs and may also impact the project timeline. Any changes requested by the Customer in writing or required under this agreement shall be paid by the Customer in addition to the contract price. No additional work shall be performed without a signed change order agreement between the Customer and the Company.

4. Cancellation and Default

The Customer may cancel this agreement at any time before midnight of the third business day following the date of this agreement (the “Recission Period”). Materials ordered under this agreement cannot be canceled once the Rescission Period has expired. The Customer agrees that ownership of materials does not transfer until full payment is made. If the Customer defaults, the Company retains the right to reclaim the materials. To secure Customer’s prompt and complete payment and performance of any and all present and future indebtedness, obligations and liabilities of Customer to the Company, Customer hereby grants to the Company a purchase money security interest in all materials used by the Company in connection with the Services, wherever located thereof.

If the Customer cancels or defaults after the Rescission Period and materials have been ordered, the Customer is responsible to pay the Company the full approved material price. A default occurs if:

The Customer fails to make payments as agreed.
The Customer denies reasonable access for work between 7:00 AM and 7:30 PM, Monday through Saturday.
The Customer otherwise breaches contract terms. In case of default, the Customer is liable for all damages, including reasonable attorney’s fees and court costs.

5. Performance Timeline

No materials will be delivered before the Rescission Period expires. Estimated start and completion dates, except for any explicitly stated guarantees, are approximations.

6. Joint and Several Liability

Upon acceptance, all named Customers are jointly and severally liable for the contract obligations. Each Customer acts as the agent of the others concerning specification changes, work orders, or modifications.

This agreement remains binding upon the death, incapacity, or bankruptcy of the Customer and extends to their heirs, successors, and assigns.

The Customer shall not engage another contractor for the scope of work covered under this agreement. This contract may only be modified in writing and signed by both parties.

The Company retains the right to contract with third parties to complete projects outside the defined scope of work. Any unused materials remain the property of the Company.

7. Liability and Disclaimer of Warranties

The Company is not responsible for:

Damage to personal property or physical injury resulting from vibrations during work execution.
Normal wear and tear to driveways, lawns, and vegetation caused by equipment, workforce, or materials.

The Company agrees to pass through the applicable manufacturer’s warranty and any licenses, so long as such manufacturer does not prohibit such assignment. The Company and its insurers are not liable for claims arising from mold, algae, fungus, or related conditions, regardless of contributing factors.

Other than the warranties provided herein, the Company makes no warranties, express or implied, with respect to the services (or parts or materials supplied in connection with the services), whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, and the company specifically makes no warranty of merchantability or of fitness for a particular purpose.

In no event shall the Company be liable for any indirect, consequential, incidental or special damages, whether or not based upon the Company’s negligence, breach of warranty or strict liability in tort or any other cause of action arising, directly or indirectly, in respect to the services purchased from the company, or the use or failure thereof, including, but not limited to, damages for loss of opportunity or profits. Under no circumstances shall the Company’s aggregate liability arising out of or in connection with an order exceed the amount paid under the order for the services provided by the Company.

8. Limited Workmanship Warranty

The Company provides a workmanship warranty covering defects in workmanship that may arise from the service provided, including but not limited to:

Poor installation
Improper assembly or construction
Incorrect or negligent handling of materials

This warranty does not cover:

Normal wear and tear
Defects or damage caused by misuse, neglect, or modifications made by the client
Damage caused by external factors, including but not limited to natural disasters, severe weather (beyond product specifications), or vandalism
Defects resulting from materials or products not supplied by the Company

Warranty Claims Procedure:

Notify the Company within 7 days of discovering the defect.
Provide a detailed description of the issue along with any supporting documentation, such as photos or videos.
Allow the Company reasonable access to the site to inspect and repair the claimed defect.

Remedies:

If the workmanship is found to be defective during the warranty period, the Company will, at its discretion:

Repair the defect at no cost to the client.
Replace any defective parts or materials (if supplied by the Company and not covered under a manufacturer’s warranty).
Offer a refund for the specific portion of the project affected by the defect, up to the original contract price.

The Company’s liability under this warranty is limited solely to the repair or replacement of defective workmanship.

This warranty is only valid after the contract price and any addendums are paid in full and must be signed by an authorized representative of Roofsimple.

9. Force Majeure

The Company shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control, including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, pandemic, labor difficulties, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of a delay due to any such cause, the date of delivery will be extended by a period equal to the delay plus a reasonable time to resume production.

10. Payment Terms

The Customer agrees that Services will not commence unless payment is provided within 30 days of the Company’s delivery of this Quote.

By signing below, the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions and received a copy.

11. Applicable Law; Forum.

The parties agree that unless otherwise agreed in writing, these Terms and Conditions shall in all respects be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Customer agrees to comply with all legal requirements applicable to Customer. Any legal suit, action, or proceeding arising out of or relating to these Terms and Conditions shall be instituted in the courts of the Commonwealth of Virginia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. No action in law or equity arising out of any Quote or these Terms and Conditions may be brought by Customer more than one (1) year after the cause of action has first arisen. The Company shall have the right to collect from the Customer its reasonable expenses, including attorneys’ fees, incurred in enforcing these Terms and Conditions. The rights and obligations herein shall survive completion of the final payment under an Order.