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Contract Terms & Conditions
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<br />The following provisions form part of the contract between the parties hereto. Advanced Roofing, Inc, d/b/a Advanced Green Technologies will be referred to as "Advanced" or
<br />"Advanced Roofing":
<br />GUARANTEE: Unless otherwise provided in the body of this contract, solar photovoltaic jobs are guaranteed for two (2) years from the date the work is completed. The guarantee
<br />covers any defect in workmanship or in materials supplied by Advanced under this contract. The guarantee does not cover failures or defects beyond the control of Advanced,
<br />including but not limited to those caused by electrical fire, earth movement, freezes, windstorms, hurricanes, tornados, lightning, plant or animal life, such as termites, damage
<br />caused by Owner or other parties, or work done by parties not under the control of Advanced. Structural, mechanical and electrical modifications are not part of Advanced's
<br />responsibility unless included in the scope of work otherwise described herein. Advanced's total liability under this guarantee shall not exceed the lessor of (a) the cost to return the
<br />solar system to a functioning state or (b) total amount paid to Advanced pursuant to this contract. In no event shall Advanced be liable for consequential damages, lost energy
<br />production, or lower than expected energy production, and all such claims are expressly waived. Advanced Roofing is authorized to photograph the property in order to determine
<br />the scope of services, marketing, or other purposes associated with the project.
<br />CLAIMS: All claims for nonfulfillment of the contract shall be made in writing within 30 days from completion of the work. Advanced reserves the right to correct any condition for
<br />which it is responsible including damage to other property. In the event others repair or attempt to repair any problem with the work done by Advanced, unless authorized by
<br />Advanced in writing, all guarantees and warranties associated with this project shall be void and of no other further force and effect. Advanced shall not be liable for any cost of
<br />work or repairs to its work done by others unless previously authorized by Advanced in writing.
<br />PAYMENT: Owner has represented to Advanced that it has the funds available to make payment and has further agreed to supply financial records satisfactory to Advanced, prior
<br />to commencement of construction. Owner agrees that, if requested to do so by Advanced, Owner shall complete a credit application authorizing Advanced to investigate the credit
<br />worthiness, credit history and/or financial responsibility of Owner. If Advanced, in its sole discretion, is not satisfied with Owner's current or future ability to pay, or Owner fails to
<br />complete a credit application, Advanced may terminate this contract without penalty. Unless otherwise provided in the body of this contract, all payments are due NET 30 days
<br />from the date of the invoice. Final payment is due on the completion of the job and is a condition precedent to any warranty or guarantee obligation of Advanced. Any release, lien
<br />waiver or warranty issued pursuant to this project is delivered in escrow subject to payment and may be cancelled for nonpayment. Advanced's right to payment is not contingent
<br />upon the acceptance of work done by others and over which Advanced has no control. Interest shall accrue at eighteen percent per annum on all amounts not paid within 30 days
<br />of the date payment was due. All payments made via credit card or debit card are subject to a three percent (3%) processing fee.
<br />REBATES: Please be advised that the contract price has been reduced by the amount of any applicable rebates. The contractor shall receive all rebates, in which Owner agrees
<br />to execute any documents necessary for the contractor to recover payment for same.
<br />UNFORESEEN CONDITIONS: This proposal is limited to the scope of work described and does not include structural issues which may be discovered during the course of the
<br />work. In the event that unforeseen conditions arise that were not apparent upon visual inspection, such additional work shall be performed on a time and material basis over the
<br />price stated in this contract. Examples of conditions which will be considered an unforeseen condition giving rise to an increase in the cost of the job would be the discovery of
<br />defective or deficient concrete, concealed mechanical, electrical, or plumbing components, additional roofs; changes in the structural deck type/gauge or the attachment of the
<br />decking throughout the facility; deck replacement; deck securement/fastening; deck minimum gauge or deck conditions requiring repair beyond proposal allowance, existing
<br />structure capacity to support the additional load of the proposed solar array, utility transformer capacity, utility interconnection agreement requirements for site infrastructure
<br />upgrades, or any other condition that Advanced should not reasonably have anticipated from visual inspection and included in the price provided for in the contract. It is
<br />recommended that a structural engineer inspect the roof deck and building structure.
<br />OWNER RESPONSIBILITIES: Unless otherwise provided for in the body of this contract, Owner is responsible for any of the following conditions: Asbestos testing and removal
<br />expenses, if any; wind uplift and moisture testing if required; engineering and attachment or enhancement of the existing/proposed roof deck system and any structural component
<br />of the building; the condition of the existing/proposed deck slope, structural integrity of the deck, method of attachment of the deck, buried conduits, and equipment below the deck
<br />or any other structural deficiencies which may contribute to preventing solar installation; Waterproofing of the building envelope, including windows, doors, or other areas outside
<br />the scope of work performed by Advanced. Owner may be responsible for moving or otherwise protecting signs, lighting antennas, satellite dishes or other property or equipment
<br />which interferes with the reroofing of the property and agrees not to hold Advanced liable for damage to same unless Advanced accepted the responsibility therefore.
<br />Customer/Owner acknowledges that during the course of the installation process it is possible for small amounts of debris, including but not limited to, insulation or roofing fabric, to
<br />fall inside the structure. Advanced will use its best efforts to minimize such an occurrence. However, the parties stipulate and agree Advanced shall not be liable for any claim, loss,
<br />or damage associated with debris falling inside the structure during the roof removal process. To the extent Owner's roof system is covered by a contractor and/or manufacturer
<br />warranty, it shall be Owner's obligation to provide that information to Advanced in writing prior to the commencement of Advanced's work. Owner's failure to provide that information
<br />to Advanced in writing shall relieve Advanced from all liability relating to such roofing warranties being voided as a result of Advanced's work.
<br />PRE-CONSTRUTION INSPECTION/LEAKS: Roofs through no fault of Advanced, can leak into the building during the course of the installations process. Advanced shall use best
<br />practices to minimize the risk of leaks but owner agrees not to hold it liable for leaks not directly caused as a result of negligent practices. Additionally, interior damage generally
<br />pre-exists commencement of the solar project. Owner agrees to provide access to all interior areas and top floor units in order for the parties to document pre-existing damage. The
<br />risk is upon Owner, who agrees to indemnify and hold Advanced harmless, against any claim by Owner or any other party seeking to hold Advanced liable for damages where
<br />Advanced was not provided access during its pre -construction inspections to the areas in question. Owner also shall have the responsibility to notify its residents of the steps that
<br />must be taken to protect their property, which will be contained in the Start -Up letter provided by Advanced. Owner shall also provide the staging area and cooperate to inform and
<br />assist in preventing residents or others from entering that area or any area under construction.
<br />EXISTING PROPERTY OR EQUIPMENT: Unless otherwise specified in this contract, Advanced shall not be liable for damage to property or equipment, including signs lighting
<br />fixtures, antennas, satellite dishes or other equipment at the property which is reasonably at risk from the work performed by Advanced. Any expenses incurred by Advanced to
<br />protect said property shall be paid for by Owner.
<br />RISK OF DAMAGE: It can be expected that the work will cause vibration, which could cause damage to the building or its contents. The Owner is in the best position to secure
<br />said property or, in the case of others who occupy interior units, to advise them of the need to do so. Advanced does not assume any risk and shall not be held liable for damage to
<br />stained, cracked or damaged ceilings or ceiling components, cracked or damaged plaster, molding, insulation, acoustical tile or personal property or fixtures within or about the
<br />building(s), cracks in driveways, curbs and sidewalks or soffit repair or replacement. Additionally, Advanced shall not be liable for damage to parked vehicles or property located in
<br />or about the staging area assigned for its use, or for any damage or injury for respiratory problems which may result from the odors associated with its work. The Owner shall
<br />advise its tenants and employees of these risks and concerns and take such action as it deems reasonable to protect persons, and property of Owner and others from damage or
<br />injury.
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