Terms & Conditions

CONTRACT MODIFICATION

Customer agrees that any future of additional modification of these terms, including additions to the contract scope of work, shall be made clearly in writing on a change order form, or the equivalent thereof, and signed and dated by Customer. Change order information incides any contract scope of work changes including, but not limited to, pricing, material style or colors, change in type of work to be completed (additions or subtractions).

 

PAYMENT
Total payment from Customer shall be set forth as listed on Contract for Roof Replacement. Please note that “Per Insurance Scope” or "Insurance Scope" listed as payment on contract, if applicable, indicates that payment will be received according to the amount equaling the Replacement Cost Value (RCV) as indicated on the corresponding Insurance Scope. Payment aiso includes any supplemental dollars issued by insurance for work performed by NexGen Exteriors. As well as any pricing changes that may exist by way of work change orders, as mentioned above. Moneys owed to Contractor shall not be withheld by reason of any damage or Claim against Contractor covered by liability or property damage insurance maintained by Contractor or claims covered under builder's risk insurance.

 

NATURE OF WORK
Contractor shall furnish labor and materials necessary to perform the work described herein or in related contract documents. Contractor does not provide design, engineering, consulting or architectural services. It is the Customer's responsibility to retain a licensed architect or engineer to determine proper design and code compliance of the structure, including determination as to whether and what type of a vapor or air retarder is needed, drainage and wind uplift requirements. Customer acknowledges that the price of the work to be performed anticipates the use of heavy equipment and or trucks to roof-top materials. It is possible that the driveway, curbs, or walkways may be cracked or damaged because of the weight of the equipment or trucks. Accordingly, Contractor disclaims liability for any cracks or damages caused to the driveway, curbs or walkways. If  customer would prefer the contractor to hand lift the materials, the contract price will need to be increased to reflect the additional labor cost.

 

SAFETY
Customer agrees to exercise extreme caution in and about the property where work is being performed, for the duration of the project. Customers will make any person in and about said property aware of any hazards that may exist in relation to the type of work being performed such as, but not limited to, falling debris, moving vehicles, the possibility for the existence of nails and/or other debris on or about the property. Such persons must take precautions accordingly, including securing all pets and children. Customer shall notify Contractor of any hazards remaining on or about the property within 24 hours of noticing hazard.
Contractor will immediately make arrangements to have the hazard removed. Contractor is held harmless if not notified of hazards. Contractor will perform all work keeping the safety of the Customer and nearby persons in mind. It is specifically noted that the Contractor shall make every reasonable effort to remove such hazards upon completion of work (including using a magnet sweep around the completed project area), however, Customer shall take notice that for an undetermined period of time, nails or screws may remain present on the property due to the large scope of the project. If nails or screws remain on or about the property, Customer shall notify Contractor within 24 hours of noticing these items. Contractor will then make arrangements to conduct additional magnet sweeps in an effort to remove remaining nails or screws.

 

SCHEDULE
Work will be performed in a timely manner, as is applicable to the type of work being performed. Contractor shall request material distributors to deliver materials as soon as possible, but is not able to take responsibility for delay in material delivery, especially regarding specialty ordered products. Any failure or delay by a party in the performance of its obligations under this Contract is not a default or breach of the Contract or a ground for termination under this Contract to the extent the failure or delay is due to elements of nature or Acts of God, acts of war, terrorist, riots, revolutions, pandemics, medical emergencies that resulted in a local, state or federal state of emergency, Coronavirus or similar viruses or illnesses requiring quarantine, strikes or other factors beyond the reasonable control of a party (each, a "Force Majeure Event*. The party failing or delaying due to a Force Majeure Event agrees to give notice to the other party which describes the Force Majeure Event and includes a good faith estimate as to the impact of the Force Majeure Event upon its responsibilities under this Contract including, but not limited to, any scheduling changes.

 

TIMING OF PERFORMANCE
Customer's signing of this Contract authorizes the Contractor to begin performing the requested work after 5 days have passed following the Date of Contract or Insurance Approval Date, if applicable. Once work begins, Customer is responsible for full payment according to the Contract unless Customer exercises Customer's Right to Cancel, as described herein. Furthermore, should Customer cancel the Contact, Customer will still remain responsible for paying Contractor a reasonable and customary amount for any services performed up to the time of cancellation.

 

EFFECT OF DEFAULT (NON-PAYMENT)
Should Customer fail to pay for services and/or materials provided to Customer by Contractor according to the terms herein, Contractor may seek recovery for
damages through collections, lien(s), or through the courts. Customer agrees to be solely responsible for any fees associated with recovery of said damages,
including reasonable attorney fees.

 

RIGHT TO CANCEL
Customer may cancel this Contract at any time before midnight on the fifth business day after having received written notification from the insurer that the claim is not a covered loss under the customer’s insurance policy. If customer is notified by the insurer that the claim is not a covered loss under the insurance policy, the customer may cancel this contract without penalty or monetary obligation before midnight of the fifth business day after having received notice from the insurer.
This right to cancel is in addition to any other rights of cancellation existing under state or federal law or regulation. In the event that any part of this contract is determined to be unlawful or unenforceable, the remainder of this contract shall continue in full force and effect. This contract shall be governed and construed in accordance with the applicable laws of the state of New Jersey.