Please take time to read these terms carefully. These Terms are important as they set out the legal terms on which Our Services are made available to you. They also cover any interactions or communications you have with us through our Service. If this Agreement or any clause thereof is not clear to you or need explanation, you are advised to clarify before proceeding with it.
These TERMS AND CONDITIONS (“Agreement”) is binding by and between Royal Roofing Inc. (hereinafter referred to as “Royal”, “Royal Roofing”, “us”, “we” or “our”), and customers (hereinafter referred to as “customer” “you”, “your” or the “Client”) on date of the contract signed and shall deal the subsequent relationship of the parties.
Henceforth, the term “parties” shall mean Royal Roofing Inc., and the Customer. The term “Contract Price” shall mean the price for the services you seek through this Agreement, including any other agreements and policies that we display or communicate from time to time.
- Nature of Work and Equipment Provision
The Royal Roofing shall furnish labor, materials (that does not include special materials order in the quote and need to be paid in total before placing order for custom material), equipment, apparatus, tools, transportation and services necessary for, and incidental to, the installation and completion of a roof in reference to the contract documents. It is the owner’s responsibility to provide appropriate plans, specifications, or other designed documents to the Royal Roofing that are sufficient and conform to all applicable laws and building codes. We are not responsible for any loss, damage, or expense due to defects in plans or specifications or building code violations unless such damage results from a deviation by Royal Roofing from what is specified.
Customer warrants that the deck and structures on which Royal Roofing is to work are in sound condition and capable of withstanding roof construction, equipment and operations. Royal Roofing’s commencement of roof installation indicates only that Royal Roofing has visually inspected the surface of the roof deck for visible defects. Royal Roofing is not responsible for the structural sufficiency, quality of construction, undulations, fastening or moisture content of the roof deck or other trades’ work or design. Royal Roofing is not responsible to test or assess moisture content of the deck or substrate.
- Pricing and Payment Policy
Unless stated otherwise in writing, the contract price plus any additional charges for change, significant change in price, or extra work shall be due upon completion. If completion of work extends beyond one month, customer shall make monthly progress payments to Royal Roofing due within 30 days of the invoice date for the value of work performed during the preceding month, plus the value of materials suitably stored for the project. Failing to clear all the dues within 30 days after the completion of work, may affect progress of work or the terms of contract or will result in a canceled labor warranty and/or lean against the property. The lean fee, plus the sum of one thousand CAD (1000$) for the time lost will be added to the principal owing and will be subject to the same interest rate as detailed above, and/or labor warranty will be canceled. Nonpayment subject to 2% interest per month (24% per year) will be charged on all overdue accounts.
This pricing policy shall be further governed by the following terms:
- Timely Payment. The failure of Customer to make proper payment to Royal Roofing when due shall, in addition to all other rights, constitute a material breach of contract and shall entitle Royal Roofing, at its discretion, to suspend all work and shipments, including furnishing warranty, until full payment is made. The time period in which Royal Roofing shall perform the work shall be extended for a period equal to the period during which the Work was suspended, and the contract sum to be paid Royal Roofing shall be increased by the amount of Royal Roofing’s reasonable costs of shut-down, delay and start-up.
- Price Volatility. Roofing materials and equipment are sometimes subject to unusual price volatility due to conditions beyond the control or anticipation of Royal Roofing. If there is a significant increase in the actual cost or shipping and receiving of materials or equipment between the date of this proposal and the time when the work is to be performed, the amount of the contract may be increased to reflect the additional cost to Royal Roofing, upon submittal of written documentation. A change in price of an item or material shall be considered significant if the price of an item/material increases 10% or more between the date of this contract and the date of installation.
- Work Charge. All jobs that are not added in notes would be charged separately.
- First plywood is free, any additional will be $60 labor cost plus cost of extra material at market price.
- Change in Work Plan. All changes and deviations in the Work require a written change order signed by both Royal Roofing and Customer, and the contract price will be increased or decreased accordingly by us.
- Extra Work. Any additional work required due to site conditions which is not disclosed to us, or which could not reasonably be anticipated, is not included in the Contract Price and shall be paid extra to the Contract Price.
- Completion of work. Upon job completion, you are required to pay all the dues remaining in full, as mentioned above.
- Holdbacks. We do not accept holdbacks on our projects. If by exception you require one, please mention it by writing it above the price while signing the contract. If your holdback request is accepted, you will be subject to the following conditions:
- For commercial projects the maximum limit for holdback is 5% on price of the total value up to 60 days.
- Your warranty will be reduced to 3 years when holdback applies.
- In addition, we will require an extra 2% for every 30 days of outstanding holdback.
- Asbestos and Toxic Materials. This proposal is based on Royal Roofing’s not coming into contact with asbestos-containing or toxic materials (“ACM”). Royal Roofing is not responsible for expenses, claims or damages arising out of the presence, disturbance or removal of ACM. Royal Roofing shall be compensated for additional expenses resulting from the presence of ACM. Customer agrees to indemnify Royal Roofing from and against any liability, damages, losses, claims, demands or citations arising out of the presence of ACM
- Interior Protection. Customer acknowledges that re-roofing of an existing building may cause disturbance, dust, debris or fireproofing to fall into the interior. Customer agrees to remove or protect property directly below the roof in order to minimize potential interior damage. Royal Roofing shall not be responsible for disturbance, detachment of fireproofing or other materials from the underside of the deck, damage, clean up or loss to interior property that Customer did not remove or protect prior to commencement of roofing operations. Customer shall notify tenants of re-roofing and the need to provide protection underneath areas being re-roofed. Customer agrees to hold Royal Roofing harmless from claims of tenants who were not so notified and did not provide protection.
- Fumes and Emissions.
Customer acknowledges that odors and emissions from roofing products will be released as part of the roofing operations to be performed by Royal Roofing. Customer shall be responsible for interior air quality, including controlling mechanical equipment, HVAC units, intake vents, wall vents, windows, doors and other openings to prevent fumes and odors from entering the building. Customer is aware that roofing products emit fumes, vapors and odors during the application process. Some people are more sensitive to these emissions than others. Customer shall hold Royal Roofing harmless from claims from third parties relating to fumes and odors that are emitted during the normal roofing process.
- Oil-canning. Metal roofing and especially lengthy flat-span sheet-metal panels often will exhibit waviness, commonly referred to as “oil-canning.” The degree of oil-canning and the appearance of the panels will vary depending on factors such as the length and color of the panels, alloy, gauge, galvanizing process, substrate condition, and exposure to sunlight. Oil-canning pertains to aesthetics and not the performance of the panels. The type of metal roofing panels specified can affect the degree of oil-canning. Royal Roofing is not responsible for oil-canning or aesthetics. Oil-canning shall not be grounds to withhold payment or reject panels of the type specified.
In the event that any specified material or equipment becomes unavailable either temporarily or permanently after the contract is executed, Royal Roofing may need to provide an “equal” substitute. Any substitution will not affect the overall performance or warranty of the project. Additionally, material delays may cause an overall project delay. In the event of temporary material unavailability, the contract time shall be extended to reflect the duration of time that the contractor is delayed by the unavailability. To the extent an available substitute is provided by us under this provision, any increase in the cost between the originally specified material and equipment and the substitute shall be paid by the Owner to the Royal Roofing, upon prior approval.
Any changes in price of material. Or delays by third parties of the project might cost up to 10% extra of contingency from the outstanding balance.
- Working Environment
Respectful Workplace is a work environment where individuals always treat each other with respect, which includes: inclusion of people with different backgrounds, strengths and opinions; safety from disrespect, bullying or intimidating behaviors; individual accountability for effective workplace relationships involving the constructive resolution of differences. Any unrespectful behavior won’t be tolerated.
- Term and Termination
The Agreement shall be effective from the date of signing of this Agreement and shall continue till the completion of work or terminated earlier by the company.
The company may terminate this agreement without notice if the customer commits a material breach of this agreement. Example of material breach includes, but are not limited to a) serious and willful mis-conduct b) non-payment of dues in time, c) damages to the Company or business etc.
Upon termination, the customer shall not be entitled to the loss suffered from such termination and shall be held liable for the loss, if any, of the company.
- WARRANTY DISCLAIMER
We agree to convey to the Customer any manufacturer’s or supplier’s warranties on individual materials, products or systems supplied by us under this Contract. Please read schedule A attached to this Agreement for taking precautionary steps before the start of work. By signing these terms and conditions (Agreement) you agree to be bound by schedule A.
- Labour Warranty disclaimer**
- New roofing and re-roofing work will be warranted by Royal Roofing in accordance with its standard warranty. A facsimile of Royal Roofing’s standard warranty is attached or, if not, will be furnished upon request. ROYAL ROOFING SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The acceptance of these terms and conditions (Agreement) by the Customer signifies his agreement that this warranty shall be and is the exclusive remedy against Royal Roofing. No verbal contracts or communications of any means shall be entertained as proof of another labor warranty, except these terms and conditions (Agreement)
- Our maximum warranty period is: 10 years for full roof/unit replacement (Shingles, Flat, Cedar, Slate, Metal, etc.);
- 7-10 years for full roof recoating (Liquid membrane recoating all roof or unit), and 3 years for commercial roofs.
- Warranty is applied only for complete roof replacement/full roof recoating.
- The labor and/or materials supplied by the customer or by the customer’s subcontractors are not warranted by us.
- We are not responsible for any leaks which were caused by the owner or third party by damaging/installing any new units/antennas/anchors/anything that requires cutting/punching/screwing anything on the roof, metal flashing, skylights, roof hitch in which Royal Roofing are not involved in appropriately sealing it.
- Warranty does not cover the leaks through HVAC units, skylight that wasn’t replaced or pipe leaks.
- Royal is not providing removal of wild animals/pests/mold and not responsible for any damages caused by them in the future. It’s the client’s responsibility to hire professionals to do proper inspection and removal. Any damages caused by animal/pest/termites/mold are not covered by labor warranty.
- Any leaks/damages caused by missing heated cables on roof/drains/eaves/etc. or ice removal is not covered by Royal labor warranty and liability insurance.
- The Condensation leaks due to lack of insulation which might cause water damage are not covered by labor warranty.
- Our roof warranty covers only roofs that we completely replace or recoat. Any attached roof that wasn’t touched or just repaired would not be covered by labor warranty.
- Royal Roofing is not providing drain inspection/repairs and is not responsible for any potential leaks.
- Drain replacement doesn’t include fixing pipes inside the building.
- Other roofers second opinions will not be considered in our warranty. Any issues related with our work, must be notified to Royal Roofing. Defamation, slander, or bad propaganda, Royal Roofing reserves the right to nullify and terminate roof warranty and/or take legal action up to $200,000.00.
- This limited warranty applies only to the supply and installation of shingles and does not cover any labor or material required with respect to the roof deck, roof trusses or rafters.
It’s possible to transfer a warranty. Client is responsible to send an email to this effect at [email protected] by attaching the contract and CC the same to buyer within 30 days after the house was purchased.
- Roof Sagging
We don’t provide a carpenter job and shall not be responsible for roof sagging. Our warranty is not covering any water ponding on the roof, unless expressly mentioned in the notes. If we repair the pooling it will be covered for up to 5 years.
- No Force Majeure Warranty
The warranty won’t cover the cost of the roof replacement or repair if the leak was caused by “Acts of God” like extreme storms, high winds, fire, hail, lightning or earthquakes; vandalism or loss of integrity of the structure.
- Third Party Damage
If damage is caused by a third party (installing antennas, anchors installation, damaged roof during ice and snow removal, HVAC units, any signs of high traffic on the roof etc.), if any job was done on the roof and if Royal is not involved in any possible repairs such as sealing, the warranty will be revoked.
- Manufacturer Warranty:
A manufacturer’s warranty shall be furnished to Customer if a manufacturer’s warranty is called for through email to [email protected] It is expressly agreed that in the event of alleged defects in the materials furnished pursuant to this contract, Customer shall have recourse only against the manufacturer of such material.
If you would like to have more information on the various manufacturer’s warranties, please visit the following web sites:
- IKO Warranty
- Certainteed (Flat, Comercial, Landmark, Landmark PRO)
- DaVinci Roofscapes
- Limitation of liability/Insurance
Royal Roofing is not responsible for condensation, moisture migration from the building interior, roof deck or other building components, location or size of roof drains, adequacy of drainage, ponding on the roof, structural conditions or the properties of the roof deck or substrate on which Royal Roofing work is installed.
Our workers are fully covered by WSIB (Account: 4005655). Liability insurance is provided per project basis and need to be requested beforehand. If the project involves any other parties while the roof is installed which might cause roof leak or damage property or drain blockage/leak then the customer/general contractor takes full responsibility for any damage and won’t be covered by our liability insurance. Royal Roofing is not performing drain cleaning services and can’t be responsible for any drain blockages that might cost leaks or damages during or after the roof job is completed. It’s the client’s responsibility to hire plumbers and make sure drains stay clean.
- Giving a deposit is equal to signing the contract and agreeing on all terms.
- If you are satisfied with the prices, specifications, terms and conditions (Agreement), and hereby accept them all, shall mean that you have authorized us to do the work as specified.
- By signing or accepting this contract you authorize us to use the photos/videos of our work.
- If a job is signed by a general contractor/realtor/managing company etc., on behalf of the owner, the same shall furnish respective authorization to this affect and shall also hold responsibility to share all our terms of this Agreement with the owner.
- Entire agreement. This Agreement contains the entire contract between the parties with respect to the subject matter hereof and supersedes and replaces any oral or written Agreements hereto before entered into between the parties. This Agreement cannot be modified, or any performance or condition waived, in whole or in part, except by a writing signed by the party against whom enforcement of the modification or waiver is sought.
- Interpretation, Severability and Reformation. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid and effective under applicable law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, and the rights and obligations of the parties shall be enforced to the fullest extent possible.
- Binding Effect. This Agreement shall be binding upon and inure to the benefit of both the parties and to any of their successors.
- Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
- Tax. Each party shall report, pay and be liable for all of its own respective taxes.
- Governing Law. If the dispute is not resolved via arbitration, the validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the Canada without reference to conflicts of laws principles.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
Normally we don’t offer a warranty for the area which we repair. However, if the problem occurs again during the one (1) year period, we are always willing to go back one more time to try and find a solution free of charge. If the problem continues thereafter, Royal Roofing will usually suggest a larger repair or new installation for which there will be an additional charge. If a whole new roof is required, then portion of the repair fee will be deducted from cost of the new roof.
You are supposed to take the following precautionary steps before the start of work. We hold no responsibility for damages caused due to below mentioned acts.
1. Think about kids and pets. Loud noises coming from the home may increase anxiety or disturb sleep habits. While it may be exciting to watch from a safe distance, work zones are extremely unsafe for children and pets. But you can stay home during a roof replacement.
2. Relocate your vehicles. Contractors need quick access to their tools and trucks throughout the day. They need a place to load shingles and debris. You’ll want to keep your vehicles at a safe distance from this area until work is completed.
3. Remove wall decorations. The vibrations from hammers and machinery on your roof may travel through some walls of your home, especially if repairs to the existing deck are needed. You may also choose to remove decorative light fixtures like chandeliers to play it safe.
4. Cover belongings in the attic/garage. During a roof replacement, numerous installers will be walking on your roof, pounding it with hammers. Dust or small debris will fall in attic spaces during a new roof installation. Also if you have drains make sure it was cleaned before start of the work or notify that it’s not tested.
5. Move grills and patio furniture away from the work zone (our roofers can help you as well Just make sure it’s not chained to). A shed or garage is the best place to store outside items like grills, patio furniture, lawn ornaments, and potted plants while your new roof is installed. Keep in mind that most contractors will not help you move any personal items inside or outside the home due to Covid restrictions.
6. Prune trees and cut grass before construction begins. Any tree branches that hang low near your roof will need to be trimmed before your contractor can begin work. Your contractor should use drop cloths to protect plants and grass in the immediate perimeter of your home, but you need to cut grass a day before construction begins. Short grass will help keep fallen debris from hiding in your lawn, making cleanup faster and more thorough.
7. Identify several accessible power outlets and water access. Your contractors will need access to electrical outlets while they are working. Exterior outlets are preferred, but if your home does not have any, a garage outlet is a second-best choice. If you don’t have an outlet outside or in a garage, keep in mind that extension cords may need to run through a window or door to get power outside. Extension cords can pose a tripping hazard, so choose an outlet in an area that doesn’t get a lot of foot traffic.
8. Remove antennas or satellite dishes. If you have any antennas or satellite dishes located on or very near your roof, you’ll want to have them removed. Call your cable or satellite provider to make arrangements before roof work begins. If it is an old, non-working unit, we will be happy to remove and dispose it off for you. Just let us know.
9. Talk to your neighbors about the planned work. Give them an anticipated timeframe for the duration. This will give them an opportunity to adjust their schedules and situations so that they can be most comfortable while the work is going on. Also, sometimes roofers need to pick up fallen debris that was blown away and it’s best if they can access and make sure the neighbor’s property is clean as well after the project is done.
10. Be aware of your surroundings during construction. Construction at your home can create unexpected obstacles. Stay extra alert during this time to prevent avoidable injuries.