Timothy Parks Roofing & Construction Inc. - Terms and Conditions
1. TIME FOR PERFORMANCE
Timothy Parks Roofing & Construction, Inc. (hereinafter referred to as "The Company") will not be responsible for any delay or delays indirectly caused by the customer's failure to perform obligations or by any event beyond the Company's reasonable control, including but not limited to: fire, flood, acts of God, labor disputes, government actions, riots, wars, or material shortages. In cases where materials or personnel remain on-site due to such delays, invoices will be rendered for work completed, and the customer will also pay for extra costs incurred.
2. REPRESENTATIONS AND WARRANTIES OF THE COMPANY
The Company guarantees to perform services in compliance with applicable laws, regulations, and guidelines as per the defined scope of work.
3. EXCLUSION OF OTHER REPRESENTATIONS AND WARRANTIES
The representations and warranties provided above are the only ones offered by the Company. No other implied warranties, including merchantability or fitness for a particular purpose, apply.
4. LIMITATION OF REMEDIES
Customer's exclusive remedy in case of any nonconforming service is either correction of the issue or repayment of the service price. The Company shall not be liable for any incidental, indirect, or consequential damages.
5. LIMITATION OF LIABILITY
The Company is not liable for claims arising from:
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Changes in laws after services are completed.
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Issues outside the defined scope of services.
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Release of hazardous materials not caused by the Company.
6. TERMS AND METHODS OF PAYMENT
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Invoices will be sent weekly or upon project completion.
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Payment is due upon receipt.
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Late payments (15+ days) incur an 18% per annum fee.
7. DELINQUENT PAYMENTS
In case of late payments, the customer must cover reasonable collection costs, including legal fees and court costs.
8. CLAIMS
Claims related to the Company's services must be submitted within two days of service completion and confirmed in writing within five days. Payments cannot be withheld during this period.
9. CANCELLATION POLICY AND REFUNDS
If a customer cancels a project before work begins, costs incurred will be deducted from the deposit, and the remaining balance will be refunded within 10 business days.
10. TAXES
The customer is responsible for all applicable taxes unless otherwise agreed upon.
11. APPROVALS, PERMITS, LICENSES, ETC.
The customer must secure all necessary permits and approvals at their expense.
12. SITE CONDITIONS
The customer must provide detailed site information, including physical characteristics, soil reports, utility locations, and any chemical hazards.
13. UTILITIES
The customer must supply all necessary utilities at their expense.
14. WASTES
Waste materials remain the customer's responsibility. The Company assumes no liability for handling or disposal unless explicitly agreed in writing.
15. INDEMNIFICATION
(a) The customer indemnifies the Company against liabilities resulting from negligence or failure to secure required permits.
(b) The Company indemnifies the customer for negligent acts, limited to the service price.
16. CHANGE ORDERS
Changes to the scope of work must be documented and approved. Emergency repairs may proceed at the Company's discretion, with costs billed to the customer.
17. INDEPENDENT CONTRACTOR
The Company operates as an independent contractor. Neither party has the authority to bind the other in any manner.
18. ENTIRE AGREEMENT
This document constitutes the full agreement between the Company and the customer. Any amendments must be in writing and signed by an authorized officer.
19. GOVERNING LAW
This agreement is governed by the laws of the State of Florida. Any disputes will be resolved in Orange County's Ninth Judicial Circuit Court.