TERMS AND CONDITIONS

1. Contract Documents.

The Contract Documents include:

(a) the Proposal and any drawings, plans, and specifications for the work outlined in the Proposal;

(b) these Terms and Conditions;

(d) the Exclusive Limited Warranty attached hereto.

The Contract Documents form the entire and integrated Contract between Customer and Innovative Installations ("II") and supersede all prior negotiations, representations, or agreements, written or oral.

2. The Work.

II shall perform the Work by the Contract Documents, manufacturer's specifications, building codes, and applicable law. II shall have sole control over the means, methods, techniques, sequences, and procedures to complete the Work. Unless otherwise provided in the Contract Documents, II shall provide and pay for all labor, materials, supplies, tools, equipment, and machinery reasonably necessary to complete the Work.

If the job in question is considered a repair by II, it shall not have a warranty as spot repairs are not full roofing systems. Some variation may occur in color, texture, and planes of materials. II may substitute similar materials if specified materials are unavailable. II does not evaluate venting and circulation systems. II may utilize subcontractors, vendors, suppliers, or others not parties to this Contract to provide labor, services, materials, equipment, or machinery in connection with the Work. Neither the Work nor the contract price includes any governmental permit, service, or access charge; if this is needed it shall be at the sole expense and execution of the customer.

The Exclusive Limited Warranty of 60 days shall be provided by II for labor on full roofing systems unless an additional warranty is purchased at the customer's expense at least 2 days before the installation date. The additional warranty shall be through Owens Corning, if applicable. If a roof system installed by II is subjected to severe weather, as solely determined by II, this will void any labor warranty and may void any manufacturer warranty. Damaging weather is considered by NOAA/NWS as over 40mph wind, 1” of rain in one hour or less, and any size hail. II does not warrant against damaging weather.

3. Changes.

II shall be entitled to a Change Order increasing the contract price upon the occurrence of any of the following:

(a) Customer-requested changes in the scope of the Work, including selection of materials not specified in the Proposal;

(b) Discovery by II of deteriorated materials (e.g., decking, fascia boards, roof jackets, ventilators, flashing), hidden damage, or the need for repairs/replacements not specified in the Contract Documents;

(d) contingencies outlined in Paragraph 4 resulting in additional costs.

If the parties cannot agree on the Change Order amount, the Customer shall pay II at the unit prices outlined in the Proposal or, where no unit prices exist, on a time-and-materials basis with the values provided by Innovative Installations, plus overhead and profit of 20%. The adjusted amount shall be added to the contract price.

4. Estimated Start and Completion Dates.

The Customer acknowledges that the Estimated Start Date and Job Duration provided in the Proposal are estimates only and are based on expected performance under normal conditions, Monday - Friday. II does not guarantee Work completion within the estimated timeframe and shall not be responsible for damages caused by delays.

Contingencies that may affect Work completion include:

(a) adverse weather;

(b) unforeseen site conditions;

(d) natural disasters or other acts of God;

(e) war or terrorism;

(f) disputes over boundaries or title;

(g) strikes or labor disputes;

(h) unavailability of materials, labor, or subcontractors;

(i) delays in previously scheduled projects;

(j) unavailability of permits if applicable;

(k) changes in laws or codes;

(l) fire or casualties;

(m) special requirements from governing bodies;

(n) changes in the Work; or

(o) other causes not the fault of II.

5. Contract Price, Payment Terms, and Insurance Claim Cancellation Fee.

Customers shall pay II in the contract price in installments upon completion of each division of work (roofing, gutters, insulation, etc.) or as outlined in the Proposal. Determination of installments, balance due, and the completion date are at II's sole discretion.

Interest of 4.5% shall accrue weekly on unpaid balances after 21 Days. Both Change Order and Balance of Job are due on the day of completion, or within 14 Days of the submitted Invoice to the customer. If the customer cannot pay, they agree to acquire financing or acknowledge that II may exercise its right to place a lien on the property, among other options outlined in this agreement.

If a balance remains unpaid after 21 days, II will file a lien against the property. II may remove any materials (even installed) if balances remain unpaid at 30 days from the invoice date, and the Customer assumes liability for any potential property damage resulting from such removal.

A $50.00 service fee will apply to returned checks. A signed Certificate of Completion by the Customer waives all claims against II except those under the Exclusive Limited Warranty. If agreement is tied to an insurance claim and the Customer cancels after the insurance carrier issues payment, a $2,500 fee or 10% of total RCV (contract) value, whichever is more, and will be due to compensate II for completed work, including adjuster meetings, insurance communications, and consulting. II reserves the right to complete all items listed in the Proposal.

6. Parties and Insurance Coverage.

This Contract is between Customer and II only. It does not create relationships with any other entity. Customer understands:

Other companies affiliated with II may provide separate proposals and contracts.
The Customer is responsible for payment regardless of insurance coverage.
Insurance proceeds received for the Work must be paid to II within three (3) business days.

The Customer agrees to pay the contract price in full, including Change Orders, even if the Proposal is tied to an insurance claim and their payments are insufficient to cover the total costs given to the Customer, including any change orders.

7. Customer's Obligations.

The Customer shall:

(a) grant free access to work areas;

(b) allow storage of materials;

(d) supply electricity, water, and utilities;

(e) arrange for identification of underground utilities;

(f) secure and remove all personal property, including any items within a 20' perimeter of the house to supply a safe workspace for our team and to prevent any damage to grills, chairs, etc.

The Customer shall hold II harmless for damage to personal property unless caused by II's negligence. The Customer assumes liability for damages due to construction equipment use, debris, and pre-existing conditions.

Additionally, II suggests the Customer inspect the attic area, and other areas of the home to ensure no electrical, HVAC or other assemblies of the home could be damaged during the installation of items outlined in the Proposal.

If there is a question regarding this, please ask II for clarification in writing 7 days prior to the installation date.

8. II's Rights.

The Customer may not withhold or offset payments. Failure to pay constitutes a breach. II may:

Stop Work immediately and terminate the Contract with seven (7) days' written notice.
Recover costs, damages, and anticipated profits, including legal fees.
Execute other options outlined in the Contract.

II may terminate for convenience with seven (7) days' notice.

9. II Liability.

II's liability is limited to $5,000 regardless of legal theory. II disclaims all other warranties, express or implied, except for those explicitly stated in the Exclusive Limited Warranty.

10. Dispute Resolution.

Disputes shall be resolved through arbitration or litigation, at II's sole election. Arbitration, if chosen, shall occur in Indianapolis, Indiana, under the rules of the AAA or BBB. II shall recover reasonable legal fees if II prevails.

11. Right to Cancel.

The Customer may cancel this Contract before midnight on the third business day after signing or receiving.

Cancellation notices must be signed, dated, and delivered to II. The Customer waives the right to cancel if II has started ordering materials and/or scheduling.

12. Customer Inquiries.

Direct problems or inquiries to II's customer service department at the contact information listed on the Proposal.

13. Miscellaneous.

This Contract is governed by Indiana law. If any term is deemed unenforceable, the remaining terms remain valid.

This Contract supersedes all prior agreements and representations.

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