OBTAINING PRIORITY SERVICES UNDER THE LEAKFREE® ROOF CERTIFICATION:
1)Also, under sections 1)(a) and 1)(b), Inspector or Inspector’s authorized contractor is to respond to leak inspection calls on a priority basis. A priority basis means that the Inspector to inspect property within a reasonable time during regular business hours. Only Inspector or Inspector’s authorized contractors are authorized to make repairs under this agreement otherwise LeakFREE® Roof Certification is void. Inspector will repair leaks caused by rain to wood shake, shingle, composition, concrete, sloped tar and gravel, metal and tile roofs, provided that if any new leak is reported to Inspector after the LeakFREE® Roof Certification is issued, Client shall pay Inspector a diagnostic fee to inspect the roof to determine the cause of the leak. For same leak call-backs, if the leak is coming from the same point of entry into the structure and our services either previously missed or repaired the leak, the leak diagnostic fee will be waived.
2)Service Call Fee: The diagnostic fee is $250 per call.
3)Inspector Inspector’s authorized contractors will determine a course of action based on one of the following causes of leak:
4)Leaks from Normal Wear and Tear – with Resultant Water Damages; For leaks caused by normal wear of the roof with resultant damage, Inspector will repair as described in section (a) above; and Inspector or Inspector’s authorized contractor will perform emergency services to mitigate damages upon execution of the then current Restoration Agreement. Upon receipt of payment from Client or Client’s insurance deductible and settlement, Inspector or Inspector’s authorized contractor will perform restoration services to restore the property to pre-loss condition, unless avoidable consequences within homeowner’s reasonable repair cause further damage.
5)Leaks from Normal Wear and Tear – with Resultant Water Damages; For leaks caused by normal wear of the roof with resultant damage, Inspector will repair as described in section (a) above; and Inspector or Inspector’s authorized contractor will perform emergency services to mitigate damages upon execution of the then current Restoration Agreement. Upon receipt of payment from Client or Client’s insurance deductible and settlement, Inspector or Inspector’s authorized contractor will perform restoration services to restore the property to pre-loss condition, unless avoidable consequences within homeowner’s reasonable repair cause further damage.
6)For leaks or damage to the roof and home by acts of God, i.e.: wind, storm, wind driven rain, tornado, hurricane earthquake, hail, sleet, snow, snow buildup, lightning, falling trees, branches, etc; Inspector or Inspector’s authorized contractor will perform emergency services to mitigate damages upon execution of the then current Restoration Agreement. Upon receipt of payment from Client or Client’s insurance deductible and settlement, Inspector will perform restoration services to restore the property to pre-loss condition.
7)For leaks or other damage caused by third parties to the roof; Inspector or Inspector’s authorized contractor will give estimate of repair costs to client, and Inspector will perform emergency services and make repairs to the roof upon execution of the Repair Agreement.
Limits of Liability for Services:
1)Total of all covered repairs during LeakFREE® Roof Certification period, and Inspector’s liability is limited to a maximum of $2,000 total aggregate under this agreement. The liability of Inspector’s principals, agents and employees is jointly limited to $2,000 aggregate amount. This liability limitation is binding upon Client as well as his or her spouse, heirs, principals, assignees, transferees and anyone else who is damaged or has to pay expenses of any kind because of mistakes or omissions in this inspection and certification. To that end, Client agrees to indemnify Inspector for damages to third parties should such third parties make any claim whatsoever against Inspector for related damages. Client agrees to immediately accept said amount as full settlement and release of any and all claims which may ever arise out of or in connection with the inspection or report.
2)Inspector or Inspector’s authorized contractor shall determine how to make repairs.Inspector will use best efforts but is not required to match color or brand. Inspectors reserve the right to use any material to repair the roof and stop the leak. Inspectoris not obligated to make repairs on a roof which has been altered, modified or damaged in the course of pest control, remodeling or repairs attempted by Client or others.
3)Where government regulations, building and/or similar codes require improvements and/or material changes, the cost of such modifications or improvements shall be borne by Client.
4)Inspector is not liable for consequential or incidental damages including but not limited to improper design, improper installation or previous repairs, labor difficulties, missing parts, parts availability or delivery, mud slides, earthquakes, flood, lightning, storm conditions, explosion, vandalism, misuse, war, freezing, mold, delays in service, acts of God, or any other accident, occurrence or event other than normal use of the roof. Inspector is not liable for any damage resulting from latent or patent pre-existing structural defects actually known or unknown to Inspector at the time of performance of services. Inspector is not liable for any consequential damages due to his inspection or workmanship.
5)Inspector may terminate, rescind or cancel this agreement for acts of fraud or misrepresentation,or for default of any terms and conditions herein by the Client or Client’s representative.
6)This agreement is not intended in any way to replace or eliminate, in whole or in part, the obligation of third parties, including any and all insurance carriers, home warranties, or others undertaking repairs. Client to indemnify Inspector for any claim(s) by third parties within the terms and conditions of this agreement.
7) NO WARRANTIES ARE OFFERED, PROMISED, EXPRESSED OR IMPLIED OTHERWISE. THE LeakFREE® ROOF CERTIFICATION SERVICE AGREEMENT IS NOT A WARRANTY AND IS CLIENT’S SOLE REMEDY. INSPECTOR DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THIS AGREEMENT IS NOT COVERED UNDER THE PROTECTIONS AND AUTHORITIES OF THE MAGNUSON-MOSS WARRANTY ACT. ALL MATERIAL PRODUCT WARRANTIES ARE THE SOLE RESPONSIBILITY AND LIABILITY OF THE MATERIALS MANUFACTURER AND CLIENT AGREES TO HOLD INSPECTOR HARMLESS FROM SUCH LIABILITY.NO WARRANTY IS IMPLIED THAT EMERGENCY SERVICES WILL PREVENT FURTHER SEEPAGE OF WATER OR MITIGATE FURTHER DAMAGES. EMERGENCY SERVICES ARE NOT GUARANTEED THROUGH END OF LeakFREE® ROOF CERTIFICATION PERIOD. EMERGENCY SERVICES ARE ONLY PERFORMED WHEN WEATHER PERMITTING AND CONDITIONS SAFE. REPAIRS DEFINED: INSPECTOR’S EMERGENCY REPAIRS ARE AN ATTEMPT TO LOCATE THE POINT OF WATER ENTRY AND TO REPAIR ONLY THAT SPECIFIC SPOT TO LAST THROUGH THE CERTIFICATE PERIOD IN EFFECT, AND NOT ANY SUBSEQUENT RENEWAL PERIODS. TOTAL ACCUMULATIVE COVERED SERVICES ARE LIMITED TO A TOTAL OF TWO THOUSAND DOLLARS ($2,000) OF INSPECTOR’S SERVICES.
Repairs Not Covered Under LeakFREE® Roof Certification: Inspector or an authorized contractor can repair at normal billing rates, the following: Removal of asbestos or lead materials; resultant, consequential or incidental damage caused by leaks or during the application of emergency services (e.g., damage to carpet, furniture, drapes, shrubs,etc.); latent problems that are not disclosed to or actually known by Inspector at the time of the initial inspection (such as but not limited to inadequate drains, sagging felt beneath roofs, leaks due to ponding/improperly sloped or installed membranes); over saturation of roof materials; displacement or discoloration of roof materials; and damage caused by acts of God (e.g., wind, tornadoes, hurricanes, rain, fire, floods, hail storms, earthquakes, etc.); except as provided in section above; Any nonconsequential damages or claims not covered by a third party. Such damages and claims will be paid by Client, notwithstanding any contrary provisions herein; Any unpermitted roof installations or roofs not installed according to manufacturer’s specifications or the Uniform Building Code; and any material not listed as covered, improper workmanship or materials, betterment, cracked or missing roof tiles, shakes, shingles or materials, skylights, patio covers, normal or preventative maintenance and repairs, gutters, flashings, sheet metal, downspouts, add-on roofs, decks, balconies, walking decks, chimneys, garage roofs, blockage of gutters or roof drains, structural leaks or appendages of any nature (e.g. solar systems, antennas, air conditioning units or ducting decks, balconies or the removal and replacement thereof), damages caused by pests of any kind including but not limited to ants, termites, fungus, mold, wood-boring beetles, rats, opossum and raccoons; except as provided in section above; and Termite, ant, fungus, mold, wood-boring beetles, rat, opossum, raccoon or dryrot damage to roof or roof structure.
General Provisions:
1)No Adverse Construction: In the event of any ambiguity in this agreement, there shall be no adverse construction against Inspector or drafting party based solely on their preparation of this document.
2)Arbitration: All disputes arising out of or relating to this agreement, except claims for money alleged to be owed to Inspector for such services provided hereunder, shall be resolved by binding, non-appealable arbitration before an mutually agreed upon arbitration firm in the county or township where the inspector is located. Parties agree that arbitration must be initiated within one (1) year after the claimed breach occurred and that the failure to initiate arbitration within the one (1) year period constitutes an absolute bar to the institution of any proceeding in arbitration or in a court of law. The aggrieved party must initiate arbitration by sending written notice of an intent to arbitrate. The notice must contain a description of the dispute and/or damage, the amount involved (which may not exceed the $2,000 aggregate stated above), and the remedy sought. By signing this agreement, you are giving up statutory rights to conduct discovery and appeal the arbitrator’s decision.
3)Partial Invalidity: If any provision of this agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
4)Applicable Law: This agreement and its application shall be governed by the laws of the state where the services were performed.
5)Venue: The venue in any action or proceeding brought in connection with this agreement shall be the county or township of Inspector’s address as shown on the front of this agreement. Each party is advised to seek the advice of counsel before entering into this agreement.
6)Entire Agreement: This agreement represents the entire agreement between the undersigned and supersedes all prior negotiations, representations, or agreements between the undersigned, either written or oral. This agreement may be amended only by written instrument designated as an amendment to this agreement and executed by all of the undersigned.
7)Indemnity: Client and Inspector agree to hold harmless and indemnify the referral sources for any and all claims arising out of any disputes concerning Client and Inspector and/or any third party claims. It is further understood that any and all trademarks, copyrights, or other intellectual property referenced in this agreement are being licensed to Inspector for use in this agreement only and are solely owned by a third party. Accordingly, Client and Inspector agree to hold said third party and any and all referral sources harmless from liability to the fullest extent allowed by law for any and all claims or damages.
8)Agreement to Perform Necessary Acts: Each party to this agreement agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions of this agreement.
9)Notice: Any notice under this agreement shall be given by certified mail (return receipt requested) at the address contained in this agreement. Any notice given by mail shall be deemed given upon the signing of the certified mail return postcard. Any change of address by either party shall be provided in writing to the other party.
10)Client agrees to hold Inspector harmless and indemnify Inspector for any claims arising out of damage to property caused during inspection including but not limited to broken shingles, tiles, etc.
11)Emergency services defined: Inspector’s emergency services are an attempt to temporarily mitigate further damages.
12)Intellectual Property: All content included in this document is protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, or unauthorized display of the content on this document is strictly prohibited. LeakFREE®, VISUAL ROOF®, FORENSIC ROOF®, SUSTAINABLE ROOF™ and are trademarks of or are licensed exclusively to National Roof Certification and Inspection Association (NRCIA). Trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NRCIA. This document or any portion of its content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by NRCIA. Use of all intellectual property shall be for this agreement only and all parties agree to hold harmless and indemnify the holder of the intellectual property for any use. Unauthorized use of this document will expose the individual to penalties and damages to the fullest extent allowed by law. THE PROCESS FOR INSPECTING AND CERTIFYING ROOFS FOR STRUCTURES AND REPAIRING LEAKING ROOFS DURING THE CERTIFICATION PERIOD IS PROPRIETARY. ©2011 National Roof Certification and Inspection Association
