ANNUAL MAINTENACE AGREEMENT
Terms and Conditions
As used in this Contract the following terms have the following meanings. Armored shall mean Armored Holdings Corp. d/b/a Armored Roofing. Customer shall mean the individual or entity authorizing the performance of the Services (as defined below) by executing this Contract, and the Property Owner, to the extent they are not the same. Property shall mean the real property identified by the property address above where the Services are to be performed. Effective Date shall mean the date this Agreement is last executed by one of the parties. Term shall mean and refer to the term of this Agreement, which shall be 12 calendar months, beginning on the Effective Date.
2. Annual Maintenance Fee
The annual maintenance fee under this Agreement shall be $485 US dollars to cover up to a 5,000 square foot roof. Each additional 100 square feet of roof would cost an additional $90 US dollars. The amount calculated through the website for this contract is payable upfront in one payment. Neither the annual maintenance fee or any portion thereof is refundable once paid. The services will be completed within 30 days of the time of the fee is paid.
3. Application of Annual Maintenance Fee to New Roof
$100 can be applied toward the purchase of a new roof through Armored any time after Effective Date, assuming this Agreement has not been terminated pursuant to the provisions of this Agreement. Customer forfeits the right to have any portion of annual maintenance fees paid under this Agreement in the event of termination by Customer, Armored, or for any reason.
4. Services to be Performed
Pursuant to the provisions of this Agreement, Armored shall perform the following services (“Services”) at the Property no more than twice per Term: (1) re-caulking of boots if needed, caulking of counter flashings, caulking of flashings around chimneys, and other, similar roof penetrations; (2) visual inspection of the roof at the Property; (3) notifying Customer of any issues with the roof at the Property actually observed by Armored and not covered under this Agreement; (4) providing pictures of the roof at the Property and report of life expectancy. (5) repairing of any high/low or rusted nails penetrating through shingles. (6) sealing of screws on ridge vents if needed. (7) roof cementing loose/torn shingles.
5. Renewal of Term
Customer shall provide Armored with a credit card to use to process the annual maintenance fee due on the Effective Date and at renewal on every subsequent anniversary of the Effective Date. Customer hereby authorizes Armored to charge the provided credit card on the Effective Date and on every subsequent anniversary of the Effective Date in an amount equal to the annual maintenance fee. Services are to be completed within 30 business days of approved transaction of this agreement.
Customer acknowledges and agrees that this Agreement does not include the performance of any of the following by Armored: (1) structural inspection or repair of the roof or any other structure on the Property; (2) reattachment of any gutters, facia, or similar roof attachments; (3) replacement or large repair of all or any portion of the roof at the Property; (3) repairing or replacing pitch pans, valleys, caps, vents, membranes, loose tiles, shingles, or screws; or (4) securing loose accessory metals.
8. Ability to Read Contract
Customer hereby agrees that he or she has been provided a copy of the Contract in advance of signing and has had sufficient opportunity to review and understand its terms.
9. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, ARMORED HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY SUCH WARRANTIES IN CONNECTION WITH THE FURNISHING OF SERVICES UNDER THE PROVISIONS OF THIS CONTRACT. ARMORED
SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PERFORMANCE OF THE SERVICES OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF PROPERTY, LOST PROFITS, PERSONAL INJURY, AND OTHER INCIDENTAL AND CONSEQUENTIAL DAMAGES.
10. Integration, Modification
This Contract contains all of the terms and conditions as agreed to by the Parties, and no other agreements, oral or otherwise, respecting the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. This Contract can only by modified by the Parties in writing, executed by both Parties. Emails, text messages, or oral representations by employees or subcontractors shall not be binding on the Parties. Further, the Parties hereby acknowledge and agree that they have not relied on any statements, oral or otherwise, outside the written provisions of this Agreement in deciding to enter into this Agreement and hereby waive any right to rely on any statements, oral or otherwise, outside the written provisions of this Agreement for any purpose.
11. Dispute Resolution
The Parties agree that any dispute arising from or relating to this Contract, whether sounding in tort, contract, or any other cause of action, shall be resolved through binding arbitration.
12. Attorneys’ Fees
In the event of a dispute arising from or relating to this Contract, the Parties shall bear their own attorneys’ fees and costs.
Armored may terminate this Agreement immediately upon Customer’s failure to timely pay the annual maintenance fee described herein. Armored may also terminate this Agreement immediately in the event Customer threatens real or virtual harm to Armored, its officers or employees, including, but not limited to negative reviews and defamation. Customer shall be entitled to no refunds in the event of termination of this Agreement by Armored. Customer may terminate this Agreement at any time by providing 15 days written notice to Armored Roofing. Upon termination, Armored shall no longer be required to provide any Services and Customer will not be billed any additional annual maintenance fees. Customer shall not be entitled to a refund of any annual maintenance fees paid in the event Customer terminates this Agreement. The Parties agree this Agreement shall automatically terminate upon sale or transfer of the Property by Customer to any other person or entity. It is the customers duty to report the sale/transfer of the property to a new owner and it is not Armored responsibility to cancel the contract unless notified of said sale or transfer to new owner.
Should any provision or portion of this Contract be adjudged invalid, illegal, unconscionable, or in conflict with any law of the state of Florida, the validity, legality, and enforceability of all remaining portions and provision of this Contract shall not be affected or impaired thereby.
15. Limitation of Liability
Armored shall not be liable for damages to the Property, personal property, or physical injury as a result of the performance of the Services or this Agreement. This includes, but is not limited to damages to gutters, stucco, driveways, vegetation, plants, shrubs, flowers, walkways, gutter guards, parking lots, irrigation components, or lighting. Homeowner is responsible for all interior and exterior protection of personal property of any kind. Armored is also not responsible for issues or defects in the roof at the Property that are hidden, concealed, not visible, or that are otherwise not actually seen by Armored when performing a visual inspection of the roof at the Property.
This Contract shall be subject to the laws of the State of Florida. The exclusive venue for any action arising out of or relating to this Contract shall be Pinellas County, Florida.
17. Access to Property
Customer agrees to provide access to the Property for the performance of the Services and to provide utilities (electric, water, etc…) as needed for the performance of the Services.
18. Named Storms/Hurricanes
In the event of a hurricane or named storm causing damage to property, Customer will receive priority services over other customers that are not enrolled into program.
If any large repairs are needed such as rotten wood replaced, ridge vents replaced, new flashing needed, or any other large repair requiring replacement of roofing material Armored will provide a free estimate and offer the customer a %15 discount towards repairs as part of the maintenance service.
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