1. Binding Effect. By execution of the reverse side of this purchase contract, the Buyer(s) agree to be subject to these terms and conditions as set forth by Solus. lbis Contract binds, benefits, and may be enforced by the parties and their respective representatives, successors in interest, and, if pennitted, their assigns. If a provision in this contract is unenforceable for any reason, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this contract, and this contract is to be construed as if the unenforceable provision is not a part of the contract. The rule of construction that ambiguities in a document are construed against the party who drafted it does not apply in interpreting this contract. All contracts are subject to final approval by Rick Alvarado, Solus’ President.
2e Entire Agreement. This contract sets forth the entire agreement between the parties and supersedes all representations made by Solus, its agents or representative. This contract can only be changed in writing by an amendment signed by both Solus and Buyer(s). Anything not specifically stated or agreed to by Solus is waived to the extent pennitted by law.
3e Payment. Payment is due in full at Solus upon completion of the work, for work that will extend more than 30 days on site, payment for materials used and work completed is due and payable on the tenth (10th) day of the month following the month in which the work was performed or materials delivered to your site. Solus will invoice Buyer(s) approximately monthly but your total payment obligations shall not be diminished or released in the event you do not receive an invoice. Payments not received by Sol us within five (5) calendar days of the due date are deemed in default and shall bear interest from the date due at the lesser of 1.5% per month or the maximum rate of interest permitted by law. In addition to principal amounts and interest owed, Buyer(s) agree to pay Solus all reasonable collection costs, including attorney fees and filing fees.
4: Right of Rescission: If Texas Business & Commerce Code Chapter601 applies to this contract, you, the Buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction without penalty. See the attached notice of cancellation form for an explanation of this right. Notice of cancellation shall be sent to Solus via: CERTIFIED MAIL RETURN RECEIPT REQUESTED.
5e Cancellation. If Tex. Bus. & Com. Code§ 601 does not apply, or you cancel this Contract later than the third business day after you sign the Contract but before Solus commences the work, you agree to pay to Solus any applicable restocking fee plus 15% of the Proposed Price shown on the face of this Contract as reasonable and just compensation and liquidated damages, and not as a penalty. This contract cannot be canceled after Solus commences the work. This Contract, including the limited warranty, is non-transferable and you may not assign or delegate any of your Contract rights or obligations. There are no third party beneficiaries in making this Contract. Buyer(s) agree to pay to Solus a restocking fee equal to 15% of the Proposal Price if you cancel this contract and material must be restocked and reordered.
6. Limitations. No legal action of any kind relating to the project or this agreement may be initiated by either party against the other party after one year beyond the substantial completion, as determined in Solus’ sole discretion, of this project or cessation of work.
7e No Special Relationship. The parties’ relationship is an ordinary commercial relationship, and the parties do not intend to create the relationship of principal and agent, partners.joint venturers, fiduciary, or any other special relationship.
8i Warranty. Solus warrants that its construction services have been performed in a good and workmanlike manner and that the materials are adequate for their intended purposes. The warranty applies to completed repair work, but only as to the roof area where Solus performed the repair. lbis warranty extends for a period of one year after substantial completion, as determined by Solus’ sole discretion, of the project. The manufacturers’ warranties, if any, will prevail. The sole remedy available under this contract is labor for repairs within the applicable warranty period. Company has no liability for incidental or consequential damages. Buyer must give notice of the defect within this one-year period to Solus via Certified Mail Return Receipt at Solus’ business address. Solus has up to six months to correct a valid defect. The giving of this express warranty is not intended to, and does not, negate implied warranties. Solus is not responsible for acts of God during the warranty period. Buyer(s) shall notify us within 72 hours of discovering a leak and to make reasonable immediate actions to prevent further damage.
9e Exclusions: You agree that repairing pre-existing structural problems is not a part of this Contract and Solus is not obligated to make such repairs and is not responsible for damage resulting therefrom. The appearance of pre-existing deflections from sagging rafters or trusses may be accentuated by a new roof system and You agree that Solus is not responsible if this occurs. You agree that Solus is not responsible for nail penetration to air conditioning, water or electric lines or pipes that are located less than 3″ below the bottom surface of the roof deck or any resulting damages. Fiberglass shingles installed in cold weather, may not lay completely flat immediately. You agree that Solus is not responsible for changes in appearance resulting from this characteristic of fiberglass shingles. Properly installing a new roof may likely require the removal and replacement of existing flashing. Siding adjacent to the flashing that is old, warn or deteriorated may break, crack or tear. You agree that Solus is not responsible for any consequential damages to siding resulting from shrink. Removing and replacing an old roof creates vibration that may be transmitted throughout the house. You agree to remove items hanging from inside and outside walls, soffits and ceilings. You agree that Solus is not responsible for damage caused by falling material and other debris. It may be necessary or prudent to remove roof-mounted equipment (e.g., satellite dishes, antennas, solar panels, weather stations, etc.) You agree to have removed and reinstalled/adjacent at Your coat roof mounted equipment. Solus may remove such equipment if you do not, but has no obligation to reinstall or align the equipment, including satellite dishes. You agree to retain a qualified, licensed electrician to disconnect and connect electrical accessories (e.g., powered vents) attached to the roof. Replacement of deteriorated decking, facia boards, roof jacks, ventilators, flashing or other materials, unless otherwise specifically stated on the front of this Contract, is not included in the Contract. If such work is necessary to protect the roof or insure the roofs integrity. You agree to have such work performed before Solus completes the roof. You agree that Solus is not responsible for work performed by other contractors.
10. Safety: Roofing work involves construction and demolition and can result in falling debris and other objects. Use care in lowering your attic stairs after reroofing to avoid any overlooked debris that may fall. You agree not to enter or permit guests or invitees to enter under the work area at any time, whether or not workers are present; SOLUS IS NOT RESPONSIBLE FOR INJURIES TO YOU, FAMILY MEMBERS, OR GUESTS WHO ENTER THE WORK AREA. YOU AGREE TO HOLD HARMLESS SOLUS FOR ANY INJURIES THAT RESULT FROM ENTERING THE WORK AREA. ADDITIONALLY, YOU AGREE TO INDEMNIFY AND REIMBURSE SOLUS FOR ANY AND ALL CLAIMS RESULTING FROM GUESTS AND INVITEES INJURED WITHIN THE WORK AREA. The construction of your roof will result in falling debris, which likely will result in some damage to your landscaping. Solus will use reasonable care to avoid excessive damage to your landscaping. YOU AGREE THAT SOLUS IS NOT RESPONSIBLE FOR DAMAGE TO LANDSCAPING RESULTING FROM CONSTRUCTION ACTIVITIES. You agree to provide Solus and material distributors unobstructed access to your driveway while work is in progress. The equipment and materials used in replacing a roof are heavy. YOU AGREE THAT SOLUS IS NOT RESPONSIBLE FOR DAMAGE TO DRIVEWAYS AND CURBS THAT RESULTS FROM SETTLING, COMPRESSION AND/OR INADEQUATE SUPPORT OF YOUR DRIVEWAY AND CURBS.
??? Choice of law & Venue. lbis contract shall be construed under the laws of the State of Texas. Venue is: 1) Harris County, Texas, or 2) the County for Pe?ormance if required by Texas state law.
12. Notices. “This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. If you have a complaint concerning a construction defect . and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27 .004 of the Texas Property Code.”
“IMPORT ANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.”