Terms and Conditions

Veenkamp Roofing & Siding

1. ADVERTISING.

Contractor (Lic # 262000844) may at any time photograph the residence or otherwise depict the residence for purposes of Contractor’s promotional advertising, without payment to or permission from the Owner.

2. PAYMENT TERMS.

Progress payments are due as noted in this Agreement. Contractor is not providing financing for the project. This is not a Home Improvement Installment Contract as defined in the Home Improvement Finance Act, MCL 445.1101 et seq., nor a Retail Installment Contract as defi ned in the Retail Installment Sales Act, MCL 445.851 et seq., nor a “consumer credit agreement” as defi ned in the Federal Truth in Lending Act, 15 U.S.C.A. 1601 et seq. Complete payment is due upon substantial completion of the project. Substantial completion means the project is functional for its designated purpose, with “functional for its designated purpose” being at the sole discretion of the Contractor and shall be determined by written or email notice from the Contractor to the client with a notice of payment due. If an item is backordered or, for any reason, there will be a week or more delay to complete some detail of the project, then an appropriate amount (not more than twice the project value as quoted of the delayed item) may be withheld by the client from the final payment until completion of that portion of the project. Special orders must be paid for in full at the time they are placed. In the event any payment is not made when noticed due, Contractor reserves the right to suspend all work until payment is made in full. A late charge of $150.00 will be added to any invoice more than fourteen (14) days past due and interest at eighteen percent (18%), per annum, calculated monthly, or the highest amount allowed by law, whichever is less, shall be charged on all amounts more than ninety (90) days past due from the date due until paid in full with late fee and interest as owed. All Credit Card payments are subject to a minimum 4% service and processing fee; Contractor is under no obligation to provide this payment option and all initial estimates, unless noted, will be considered payable by Cash, Check or ACH Bank transfer.

3. CHANGE ORDERS.

During construction, changes to the project, including increases or decreases in the project scope, price, or time for completion, shall be made only by a written document signed by the Owner and/or Contractor. The price adjustment for such changed work shall be determined in advance whenever possible. Contractor reserves the right to require full payment from the Client before commencement of the Change Order as signed by the parties. Any amounts due on Change Order shall be subject to the terms of payment set forth in Paragraph 2 of this Agreement.

4. UNFORSEEN CONDITIONS.

Unless otherwise specified in writing, the price for the project is based on the understanding that all structural members and other components are in sound condition. If any conditions are encountered during the project that are not currently visible, or any structural members or other components are found not to be in sound condition, Owner agrees to pay Contractor additional compensation based upon Contractor's normal rates to repair or replace such structural members or other components in order to complete the project.

5. CONTRACTOR'S OBLIGATIONS.

Contractor shall complete the work in accordance with, and, at all times comply with, all laws, statutes, codes, rules, regulations, and ordinances applicable to the project. If Contractor's performance of the project becomes impossible or is delayed more than sixty (60) days due to any law or government regulation enacted, or if litigation ensues involving the project and the Owner in any form or venue, Contractor and/or Owner may, in writing, declare this Agreement void and of no effect, and Owner will promptly pay Contractor any amounts due based on the work as completed and the materials ordered for the project to date. Contractor shall be solely responsible to Owner for the performance of the project. Owner will not issue any instructions to or otherwise interfere with the subcontractors, suppliers, employees, and/or laborers which Contractor employs, retains, or contracts with for the project. Owner agrees not to engage other subcontractors, suppliers, or laborers on the project without Contractor’s prior written consent. Contractor shall timely secure and pay for all permits, approvals, notices, tests, inspections, fees, and assessments necessary for the Veenkamp Roofing & Siding | 3920 Buchanan Ave SW, Grand Rapids MI 49548 | 616.785.2966 - VeenkampRoofingandSiding.com performance of the project and bill the same, if agreed, to the Owner under Paragraph 2 of this Agreement.

6. TIME FOR COMPLETION.

The completion time set forth in this Agreement is merely an approximation and is estimated based on uninterrupted access to the project during Contractor's normal working hours. The actual completion time for the project is contingent upon access to the project, labor strikes or subcontractor availability, material shortages or delays in the shipping or production of project materials including special orders, accidents, weather, acts of God, delays caused by a body of government or governmental agency, change orders as agreed by the parties, and the like. Contractor shall, with best effort, adequately staff and allocate sufficient labor and materials to the project to complete the scheduled work on schedule and by the stated completion date if possible. Change orders will affect the time necessary for completion. Contractor shall not be liable for any damages suffered by Owner as a result of any delay occasioned by these factors. Further, Contractor will not be liable for failure, delays or damages caused by strikes, labor shortages or controversies; changes to the project by the client; fires; weather; inability to obtain or delays in obtaining materials from usual sources; or other conditions beyond the control of Contractor.

7. OWNER’S COVENANT.

Owner, by executing this Agreement, indicates conclusively that all writings attached to this Agreement are definite in their terms and sufficient to express the intent of the parties with regard to the transaction, the type and amount of work to be done on the project, and the type and quality of the materials to be used. Owner further covenants that Owner has title to or legal possessory control of the project property with the right to enter this Agreement and that all persons who are owners of the project property are listed as “Owners” and have signed, or will sign, this Agreement. Owner shall provide rights of entry for Contractor and/or its representatives and necessary permissions for Contractor and/or its representative to complete the project.

8. TERMINATION.

If either party fails to fulfill their obligations under thisAgreement, the non-breaching party shall have the right to terminate this Agreement by written notice and email notice of termination, specifying the effective date thereof, at least three (3) business days before effective date, in which event Owner shall be obligated to immediately pay Contractor compensation based on the Contractor's normal rates for any work completed prior to the effective date of termination, including charges for both labor performed and materials purchased by Contractor prior to such date for the project, which shall be turned over to the Client upon full payment. In the event Owner cancels this Agreement more than three (3) business days after the date of the Agreement, for any reason not related to Contractor’s failure to fulfi ll its obligations under this Agreement (“without cause”), Client shall be obligated to pay to Contractor, as liquidated damages and not as a penalty, and as Contractor’s sole and legal remedy, an additional sum of money equal to twenty-fi ve percent (25%) of the original contract price, with Change Orders and additional materials and labor required for such Change Orders included

9. ADVISEMENT.

Roofing, siding, and exterior renovation jobs may involve major demolition of materials and minor disturbances may occur. Contractor will NOT be responsible for any interior damages and advises Owner to remove all wall hangings, light glass fixtures, and other fragile items prior to start of the project. Any items in the attic should be covered to protect them from falling debris and dust. Contractor shall not be responsible for interior drywall cracks, nail pops or any damage to any items on the interior or the exterior of the home or work site, including damage to shrubbery, outside plants, landscaping, yard furniture, decking, sprinkler systems, or driveways during the process of the project. Upon written request from Owner, Contractor will assist in covering or removing these items at its standard hourly rate. Upon completion of the project, all project-related debris will be removed by the Contractor at its expense. Contractor will NOT re-install any roof-mounted antennas or satellite dishes unless otherwise directed by Owner. Contractor will not be responsible for proper alignment or reception thereof. Veenkamp Roofing & Siding | 3920 Buchanan Ave SW, Grand Rapids MI 49548 | 616.785.2966
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10. MOLD DISCLAIMER.

This Agreement does not include, unless explicitly specified, any mold abatement, removal, or cleaning. If mold is found existing on the premises, any cost to abate, remove, or clean shall be paid by the Client as an extra charge. In addition, any warranty given under this Agreement does NOT include the cost to abate, remove, or clean mold that may be found on the premises in the future. If Owner/Client refuses to have such mold abated, removed or cleaned, and pay for such abatement, removal, or cleaning, Contractor shall have the right to terminate this Agreement under the terms set forth in Paragraph 8 of this Agreement and such termination shall be determined as if the Client had terminated this Agreement without cause.

11. LIMITED WARRANTY. CONSEQUENTIAL AND INCIDENTAL DAMAGES ARE EXCLUDED, AND THERE ARE LIMITATIONS IN THE DURATION OF IMPLIED WARRANTIES.

Contractor warrants against defective, faulty, or improper workmanship for twelve (12) months from the substantial completion date unless superseded by an extended warranty period noted on the contract. Product warranties are solely as stated by the manufacturer, and Contractor shall have no liability for any labor or material necessary to repair or replace defective products. Contractor shall not be liable for the labor, materials, acts, or omissions of anyone else under any circumstance. CONTRACTOR'S SOLE LIABILITY PURSUANT TO THIS WARRANTY SHALL BE THE COST OF THE LABOR AND MATERIALS TO REPAIR OR REPLACE, AT CONTRACTOR'S OPTION, ANY DEFECTIVE WORK. CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND ARISING FROM ANY DEFECTIVE WORK, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY WATER, MOLD, INSECT OR ANIMAL INFESTATION, OR DAMAGE BY SOME OTHER AGENT, THAT MAY BE ASSOCIATED WITH DEFECTS IN CONSTRUCTION, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, ADVERSE HEALTH EFFECTS, OR ANY OTHER EFFECTS. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. GOVERNING LAW, WAIVER, BINDING EFFECT, SEVERABILITY.

This Agreement shall be governed by the laws of the State of Michigan. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. If any provision shall be construed to be illegal or invalid, it shall not affect the legality or validity of any of the other provisions of this Agreement, and it shall be enforced to the fullest extent permitted. The failure of Contractor to insist upon the strict performance of any provision of this Agreement or the failure of Contractor to exercise any right, option or remedy shall not be construed as a continuing waiver of any such provision, right, option or remedy or as a waiver of a subsequent breach. The consent or approval by Contractor of any act by Owner requiring Contractor's consent or approval shall not be construed to waive or render unnecessary the requirement for Contractor's consent or approval of any subsequent similar act by Owner. No provision of this Agreement shall be deemed to have been waived unless such waiver shall be in writing signed by the party to be charged with such waiver.

13. DISPUTE RESOLUTION.

All disputes arising under this Agreement or among the parties hereto must be submitted to arbitration to be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Emergency Interim Relief Procedures). Unless otherwise agreed by the parties with respect to disputes submitted to arbitration, the arbitration award will be final and binding on the parties, and judgment may be entered thereon in accordance with applicable law in any court having jurisdiction. Nothing in this Agreement shall be deemed a waiver of Contractor’s right to record a Claim of Lien under Michigan’s Construction Lien Act. MCLA 570.1101 et seq. If a lien is recorded, the validity of the lien and the determination of the lien amount may be decided by arbitration as set forth above, and a judgment of foreclosure based upon the lien may be entered against the property in a court of appropriate jurisdiction. The place of arbitration shall be in the State of Michigan at a place convenient to the parties unless the arbitrator(s) designate some other location. The parties irrevocably consent and submit to the personal jurisdiction of any state or federal court having jurisdiction in Kent County, Michigan, with respect to any action or other legal proceeding regarding any dispute that arises under this Agreement. Veenkamp Roofing & Siding | 3920 Buchanan Ave SW, Grand Rapids MI 49548 | 616.785.2966 VeenkampRoofingandSiding.com.

14. HAZARDOUS ENVIRONMENTAL CONDITION.

Contractor makes no representation or warranty as to the presence or lack of asbestos, lead paint, radon, fiberglass or hazardous environmental conditions of any nature or type, or as to the effect of asbestos, lead paint, radon, fiberglass or any such condition on the premises or residents. If such items are discovered and must be removed, the cost of removal shall be at Owner's expense and shall be paid in full by Owner before the commencement of removal. If Owner/Client refuses to have such hazardous condition removed, and pay for such removal, Contractor shall have the right to terminate this Agreement under the terms set forth in Paragraph 8 of this Agreement and such termination shall be determined as if the Client had terminated this Agreement without cause

15. INSURANCE.

Throughout the term of the project, and at Contractor’s expense, Contractor shall maintain commercial general liability insurance with such limits as Contractor may determine are appropriate to the size and value of the project, and workers’ compensation insurance at statutory limits or waivers covering all individuals or subcontractors who assist in the project. Throughout the term of the project, and at Owner’s expense, Owner shall maintain liability insurance for the benefit of the Owner. Contractor and Owner waive any right of recovery against the other for injury or loss covered by insurance or required to be covered by insurance under this Agreement to the extent of the injury or loss covered by insurance. This waiver shall be binding upon the insurers for both the Contractor and the Owner, with the Owner agreeing to hold harmless and indemnify the Contractor for any injury or damage to any resident, invitee, or guest of the Owner who is improperly within the project site or by improper use of its materials, equipment, or property.

16. NOTICE REQUIREMENT.

Michigan's Construction Lien Act, P.A. 1980, No. 497, requires the following to be set forth: a. That a residential builder or a residential maintenance and alteration contractor is required to be licensed under Article 24 of Act 299 of the Public Acts of 1980, as amended, being Sections 339.2401 to 339.2412 of the Michigan Compiled Laws. That an electrician is required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being Sections 338.881 to 338.892 of the Michigan Compiled Laws. That a plumber is required to be licensed under Act No. 266 of the Public Acts of 1929, as amended, being Section 338.901 to 338.917 of the Michigan Compiled Laws. That a mechanical or heating subcontractor is required to be licensed under Act No. 192 of the Public Acts of 1984, as amended, being Section 338.971 to 338.988 of the Michigan Compiled Laws. b. The Contractor is licensed as required. c. The Contractor’s license number is included on this Agreement.

17. MISCELLANEOUS.

A. It is understood that the workers on the job will have reasonable use of the Owner’s utilities.

B. It is normal practice for Contractor to order more materials for a job than are actually needed to complete the project. Any leftover materials, other than by Special Order, once the project is completed, shall be determined to be the property of Contractor and will be removed from site by Contractor at completion.

C. Contractor shall be responsible for obtaining all permits and inspections necessary to comply with local building codes, and the cost of the permits and inspections is included in the contract price. If a special permit or variance is required for the project, the contract price will be adjusted by change order to reflect Contractor's additional costs in pursuing the special permit or variance. Contractor makes no representation regarding whether a special permit or variance will be granted for the project.

D. Performance of the work required to complete the project may require the materials and services of various subcontractors which are included in the contract price.

E. Contractor is entitled to recover, and Owner shall pay, all costs, expenses, and legal fees (including the fees of attorneys and persons not admitted to the bar performing services under the supervision of an attorney) incurred by Contractor in enforcing this Agreement including but not limited to those provisions and terms set forth in Paragraphs 2, 3, 8, 10, 13, and 14. Veenkamp Roofing & Siding | 3920 Buchanan Ave SW, Grand Rapids MI 49548 | 616.785.2966 VeenkampRoofingandSiding.com.

F. The language of this Agreement shall be construed according to its fair meaning and not strictly against one party. This Agreement constitutes the entire agreement between the parties and shall not be modified except if signed by all parties.

G. This Agreement may be executed in Counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

H. Neither this Agreement nor any right, remedy, duty or obligation arising under this Agreement, nor any of the documents attached hereto, shall be assigned by either party without the written consent of the other.

I. Notice under this Agreement may be given to any party in writing by first-class mail or email to the address set forth in this Agreement.

J. Owner/Client agrees that he/she/they have had the opportunity to review this Agreement and have been given the opportunity to have it reviewed by outside parties or counsel.
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