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<br /> DocuSign Envelope ID:40AAE11D-2220-44D7-963E-009251C214A5
<br /> TERMS & CONDITIONS
<br /> 1. Nature of Work. Jimmy's Roofing("Jimmy's")shall furnish the labor and material necessary to perform the work described herein or in the
<br /> referenced contract documents. Jimmy's does not provide design,engineering,consulting or architectural services. It is the Owner's responsibility
<br /> to retain a licensed architect or engineer to determine proper design and code compliance,including a determination as to whether and what type
<br /> of a vapor or air retarder is needed. If plans,specifications or other design documents have been furnished to Jimmy's,Customer warrants that
<br /> they are sufficient and conform to all applicable laws and building codes. Jimmy's is not responsible for any loss,damage or expense due to defects
<br /> in plans or specifications or building code violations unless such damage results from a deviation by Jimmy's from what is specified.Jimmy's is not
<br /> responsible for condensation,moisture migration from the building interior or other building components,location or size of roof drains,adequacy
<br /> of drainage,ponding on the roof,structural conditions or the properties of the roof deck or substrate on which Jimmy's roofing work is installed.
<br /> 2. Deck. Customer warrants that structures on which Jimmy's is to work are in sound condition and capable of withstanding roofing construction,
<br /> equipment and operations.Jimmy's commencement of roof installation indicates only that Jimmy's has visually inspected the surface of the roof
<br /> deck for visible defects. Jimmy's is not responsible for the structural sufficiency,quality of construction(including compliance with FMG criteria),
<br /> undulations,fastening or moisture content of the roof deck or other trades'work or design and their effect on the roof.
<br /> 3. Concrete Decks.In the event that roofing is to be installed over a concrete or other wet deck or substrate,the determination as to when the
<br /> concrete or wet substrate is sufficiently cured and dried so that roofing materials can be installed without potential future adverse effect shall be
<br /> made by the General Contractor in consultation with the concrete subcontractor,concrete manufacturer and design professional. Jimmy's is not
<br /> responsible to test or assess moisture content of the deck or substrate.
<br /> 4. Asbestos and Toxic Materials. This proposal is based on Jimmy's not coming into contact with asbestos-containing or toxic materials
<br /> ("ACM"). Jimmy's is not responsible for expenses,claims or damages arising out of the presence,disturbance or removal of ACM. Jimmy's shall be
<br /> compensated for additional expenses resulting from the presence of ACM.Customer agrees to indemnify Jimmy's from and against any liability,
<br /> damages,losses,claims,demands or citations arising out of the presence of ACM.
<br /> 5. Payment. Unless stated otherwise on the face of this proposal,Customer shall pay the contract price plus any additional charges for changed
<br /> or extra work within fifteen(15)days of substantial completion of the Work. If completion of the Work extends beyond one month,Customer shall
<br /> make monthly progress payments to Jimmy's by or before the fifth(5th)day of each month for the value of Work completed during the preceding
<br /> month,plus the value of materials suitably stored for the project. All sums not paid when due shall earn interest at the rate of 1-1/2%per annum.
<br /> Jimmy's shall be entitled to recover from Customer all costs of collection incurred by Jimmy's,including attorney's fees,resulting from Customer's
<br /> failure to make proper payment when due. Jimmy's entitlement to payment is not dependent upon criteria promulgated by Factory Mutual Global,
<br /> including wind uplift testing.
<br /> 6. Right to Stop Work.The failure of Customer to make proper payment to Jimmy's when due shall,in addition to all other rights,constitute a
<br /> material breach of contract and shall entitle Jimmy's,at its discretion,to suspend all work and shipments,including furnishing warranty,until full
<br /> payment is made. The time period in which Jimmy's shall perform the work shall be extended for a period equal to the period during which the
<br /> Work was suspended,and the contract sum to be paid Jimmy's shall be increased by the amount of Jimmy's reasonable costs of shut-down,delay
<br /> and start-up.
<br /> 7. Insurance. Jimmy's shall carry worker's compensation, automobile and commercial general liability(bodily injury and property damage)
<br /> insurance. Jimmy's will furnish a Certificate of Insurance,evidencing the types and amounts of its coverages,upon request. Customer shall
<br /> purchase and maintain builder's risk and property insurance,including the labor and materials furnished by Jimmy's,covering fire, extended
<br /> coverage, malicious mischief,vandalism and theft on the premises to protect against loss or damage to material and equipment and partially
<br /> completed work until the job is completed and accepted. Moneys owed to Jimmy's shall not be withheld by reason of any damage or claim against
<br /> Jimmy's covered by liability or property damage insurance maintained by Jimmy's or claims covered under builder's risk insurance.
<br /> 8. Additional Insured. If Customer requires and Jimmy's agrees to name Customer or others as additional insureds on Jimmy's liability insurance
<br /> policy,Customer and Jimmy's agree that the naming of Customer or others as additional insureds is intended to apply to claims made against the
<br /> additional insured to the extent the claim is due to the negligence of Jimmy's and is not intended to make Jimmy's insurer liable for claims that are
<br /> due to the fault of the additional insured.
<br /> 9. Interior Protection. Customer acknowledges that re-roofing of an existing building may cause disturbance,falling of materials attached to the
<br /> underside of the deck,dust or debris to fall into the interior. Customer agrees to remove or protect property directly below the roof in order to
<br /> minimize potential interior damage.Jimmy's shall not be responsible for disturbance,falling of materials attached to the underside of the deck,
<br /> damage,clean up or loss to interior property that Customer did not remove or protect prior to commencement of roofing. Customer shall notify
<br /> occupants of re-roofing and the need to provide protection underneath areas being re-roofed. Customer agrees to hold Jimmy's harmless from
<br /> claims of occupants who were not so notified and did not provide protection.
<br /> 10. Deck Repairs. Any work required to replace rotten or missing wood or deteriorated decking,wood sheathing,insulation or structural
<br /> members shall be done on a time and material or unit price basis as an extra unless specifically included in the scope of work.
<br /> 11.Damages and Delays. Jimmy's will not be responsible for damage done to Jimmy's work by others,including damage to temporary tie-offs.
<br /> Any repairing of the same by Jimmy's will be charged as an extra. Jimmy's shall not be liable for liquidated or delay damages due to a delay in
<br /> completion of the Project unless the delay was caused by Jimmy's. Jimmy's shall not be responsible for loss, damage or delay caused by
<br /> circumstances beyond its reasonable control,including but not limited to acts of God,accidents,snow,fire,weather,vandalism,regulation,strikes,
<br /> jurisdictional disputes,failure or delay of transportation,shortage of or inability to obtain materials,equipment or labor. In the event of these
<br /> occurrences,Jimmy's time for performance under this proposal shall be extended for a time sufficient to permit completion of the Work.
<br /> 12. Roof Projections. Jimmy's will flash roof projections that are in place prior to installation of roofing or shown on the architectural plans
<br /> provided to Jimmy's. Penetrations not shown on the plans provided to Jimmy's prior to submittal of this proposal or required after installation of
<br /> roofing shall be considered an order for extra work,and Jimmy's shall be compensated at its customary time and material rates for additional
<br /> expense resulting from additional penetrations.
<br /> 13. Material References. Jimmy's is not responsible for the actual verification of technical specifications of product manufacturers;i.e.,R-value
<br /> or ASTM or UL compliance,but rather the materials used are represented as such by the material manufacturer.
<br /> 14. Tolerances. All labor and materials shall be furnished in accordance with normal industry standards and industry tolerances for uniformity,
<br /> color,variation,thickness,size,weight,finish and texture.Due to natural fading and changes in factory color mixing,color matching will be as
<br /> close as possible but can be noticeably different.Specified quantities are intended to represent an average over the entire roof area.
<br /> 15. Wind Loads or Uplift Pressures. Design Professional is responsible to design the work to be in compliance with applicable codes and
<br /> regulations and to specify or show the work that is to be performed. Jimmy's is not responsible for design,including calculation or verification of
<br /> wind-load design. To the extent minimum wind loads or uplift pressures are required,Jimmy's bid is based solely on manufacturer's printed test
<br /> results. Jimmy's itself makes no representation regarding wind uplift capacity and assumes no liability for wind uplift.
<br /> 16. Fumes and Emissions. Customer acknowledges that odors and emissions from roofing products will be released as part of the roofing
<br /> operations to be performed by Jimmy's. Customer shall be responsible for interior air quality,including controlling mechanical equipment,HVAC
<br /> units,intake vents,wall vents,windows,doors and other openings to prevent fumes and odors from entering the building. Customer is aware that
<br /> roofing products emit fumes,vapors and odors during the application process. Some people are more sensitive to these emissions than others.
<br /> Customer shall hold Jimmy's harmless from claims from third parties relating to fumes and odors that are emitted during the normal roofing
<br /> Seattle Branch- 12809 NE 126th Place Suite B461 , Kirkland ,WA 98034
<br /> www.jimmysroofing.com
<br /> p: 800-885-4669
<br /> License No: WA:JIMMYR*933LM
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