Terms: The terms “you”, “your”, and “customer” mean the individual(s) named in the “Customer Name” blank in this contract.
Termination: Subject to your three (3) day right of cancellation described elsewhere in this proposal and all applicable law construing that right, you understand and acknowledge that by your execution of this document, it creates a contract binding on you, and you specifically acknowledge and agree that you will pay all invoices M&M sends you for work performed and materials supplied under this contract immediately after we notify you that we have achieved substantial completion of the work to be performed under this contract. You may not terminate or cancel this contract for any reason whatsoever after acceptance by M&M without the express written permission of M&M. If you want to cancel, M&M will only be subject to such terms and conditions as M&M agrees to in writing. M&M may agree to allow you to cancel your contract if you pay a minimum of twenty percent (20%) of the full price of the work or in the case of a custom window job, the cancellation fee is fifty percent (50%). If no agreement is reached regarding a proposed cancellation, you will be liable to M&M for the full contract price and obligated to allow M&M to perform the work. M&M may, at its option, at any time, for cause or without cause, terminate this contact in whole or in part by giving three (3) days prior notice to you in writing, in which instance neither party shall have any liability to the other.
Modification: You may not modify this contract in any way without the express written consent of M&M. Any modification proposed by you that is accepted by M&M will be subject to modification charges or changes in the price, specifications, or time of performance of the work as determined in M&M’s sole discretion, which changes shall be binding on you. All such modifications must be in writing and signed by an authorized M&M representative. At its sole discretion, M&M may suspend work during the pendency of any contemplated modifications or adjustments. Prices are subject to change due to significant material price changes.
Warranty: M&M’s warranty is contained in a separate document, a copy of which you acknowledge having received and which Warranty is incorporated herein by reference for all purposes, and you agree to abide by your obligation to timely notify us of any claims under the Warranty.
Cure: If M&M determines, at its sole discretion, that all or any part of its work is defective, you agree that M&M will have the right to cure, in any reasonable manner, the error, defect or omission giving rise to your claim. You agree to allow reasonable access to M&M in order that it may accomplish any cure it deems necessary. Failure to grant such reasonable access to the property will constitute a waiver by you of your claim of error, defect, or omission.
General Limitation of Liability: Any liability of M&M to you and any third party (the “Person”) will be limited by the provisions of this Section. IN NO EVENT SHALL SAID PERSONS BE ENTITLED TO RECOVER ANY CONSEQUENTIAL, CONTINGENT, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS FOR ANY PERSONAL INJURY OR DEATH OR FOR ANY PROPERTY LOSS WHETHER OR NOT SAID DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY ANY FAULT OF M&M, OR ANY BREACH BY M&M OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT OR THE WARRANTY.
You agree to hold harmless M&M and its representatives and contractors for damage to property caused by work performed under this contract that is not caused by M&M’s sole negligence such as (but not limited to):
- Damage to sheetrock caused by vibration.
- Driveway damage (many driveways are undermined and M&M cannot predetermine this condition).
- Water or A/C lines hit by normal nailing of shingles or accessories, or any subsequent damages that occurs from such.
- Realignment of satellite television dishes.
- Siding damage caused by changing of wall flashing.
- Customer is responsible for HVAC connections on all hot water heaters, A/C and heating units that extend from the top of these units to the roof line inside the attic. M&M Roofing will be responsible for extensions that extend outside the roof line to be properly sealed.
If the HVAC connects are banded and secured properly when M&M Roofing installs the roof, there should be no problem with these connections. Many times these connections are not properly secured before we begin the work and the pipe will fall inside the attic. If M&M Roofing is aware of this happening, we will alert the homeowner to contact an HVAC company to re-attach and secure vents.
Entire Contract: This contract, together with the M&M Warranty and other documents delivered to you at the time you signed this contract, contains those parties’ entire agreement and understanding between you and M&M with respect to the work to be performed on your property. This contract replaces any earlier agreements or understandings whether written or oral, and there are no contemporaneous written or oral agreements that are not fully expressed in this contract. M&M is not bound by any statement, promise, condition or stipulation not specifically set forth in this contract. No representative of M&M has any authority to make any oral or written statements that modify, add to, vary from, or change the terms and conditions of this contract, and you acknowledge by your signature on this contract that none have been made. If only one owner of the property being repaired has signed this contract, that individual is specifically representing and warranting to M&M that he or she has all legal authority to bind to this contract the other owners of the property being repaired, and that he or she is acting as the agent for all such owners. All owners of the property being repaired are included in the terms “you, “your”, and “customer” whether or not specifically recited in the Customer Name blank on the front of this contract.
Collection Costs: If the undersigned fails to pay M&M ROOFING & SIDING, INC. any amounts due under this contract within thirty (30) days after the date of substantial completion, the undersigned agrees to pay all costs of collection plus a reasonable attorney’s fee should the same be placed in the hands of an attorney for collection. You further understand and agree that all invoices not paid when due will bear simple interest at the rate of eighteen percent (18%) per year until paid. If you pay with a check and it does not clear the bank, you will be responsible for an additional $50 on your contract total.
Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person’s failure to pay, the applicable insurance deductible.