We the undersigned do hereby agree and guarantee, in the limits and under the conditions set forth herein, for ourselves, our successors and assigns to and with the owner of the building described herein that the roof work completed by us on this building on the date set forth herein is of first-class materials and constructed with first-class workmanship in accordance with agreed specifications to exclude water from entering the building through said roof. We do hereby agree that we will make, at our expense; any repairs to this roof that may become necessary to maintain it in a watertight condition for a period of two (2) years from the date of completion, set forth herein, provided notice is given to us within the two year period, and provided further said repairs are required because of any defects in the application of the roof or by reason of any defect in the material which we applied to the roof.
By acceptance of this guarantee, it is mutually agreed and understood that this guarantee does not extend to any damage to said roof from fire, earthquake, extreme wind, hail or distortion, warping, settlement or other defects in the foundation (roof deck) upon which the roof is applied and rests, nor injury caused to said roof by other parties by their actions or conditions beyond Contractor’s control; nor to leaks from flashing or parapet walls unless the same was applied or waterproofing by Contractor. Contractor is not responsible for leaks through skylights, air conditioning units, vents or other sheet metal installations, unless applied by Contactor. It is further understood and agreed that nothing in this guarantee shall render Contractor liable under any condition for damage sustained to the building or interior decorations and furnishings or merchandise within the building in the event of leaks. Guarantee not valid unless paid in full. No guarantee on partial roofs, or repairs. All agreements must be made in writing.
It will be the duty of Owner, his agent or tenant, to ascertain with reasonable certainty that the leaks reported to Contractor for service are entering through the roof and that the cause is from the defective materials or workmanship, and not from other causes or sources. A charge will be made by Contractor for the cost of a mechanic’s time plus insurance and cartage plus any materials expended in making this investigation if Contractor finds that the trouble is caused by other than defects in workmanship or materials supplied by Contractor. This charge is made necessary by the very large number of calls that are referred to Contractor for service where the leaks are in skylights, vents or air conditioners or caused by roof drains being stopped up or damage done by sign maintenance, TV service or similar conditions.
This agreement including all its terms and conditions shall become binding only upon the execution of the same by Owner and an officer or principal of the Contractor, and the same shall constitute the entire contract between the parties hereto, there being no covenants, promises or agreements, written or oral except as herein set forth.
Any present gutter system may not be properly aligned because of the installation of a new roof and therefore may not function properly. It is not the responsibility of the contractor to adjust, repair, replace or alter the gutter system in case it does not function properly after the installation of a new roof.
If a roof antenna or satellite dish is present, and it is necessary for contractor to move these items or work in close proximity to it, contractor will not be responsible to it, contractor will not be responsible for any damage to the antenna, or satellite dish or any resulting affect upon television reception.
Section 1209(a) 2 of the Uniform Building Code requires that a smoke detector be installed in any dwelling upon the owner’s application for a permit for alterations, repairs or additions exceeding $1,000.00. The purchase and installation of any such smoke detector, if necessary, is the responsibility of the owner and not the contractor.