GA EXCLUSIVE CONSTRUCTION will invest its time and expertise in assisting the
Consumer with the damage inspection and assessment of the insurance claim.
This service proposal is contingent upon the insurance company paying for the repairs
and will be void only if the claim is disallowed by the Insurance Company.
The Customer and GA EXCLUSIVE CONSTRUCTION will not be obligated unless the
repairs are approved by the Customer's Insurance Company.
The Insurance Company will determine and set the price of the claim. The customer
agrees to let GA EXCLUSIVE CONSTRUCTION work with the Insurance Company and
perform the work specified on the Insurance Scope of Loss Sheet as well as receive
updates and documentation directly from the Insurance Company.
The Customer's only out-of-pocket expense will not exceed the deductible amount.
There will be no additional cost to the Customer unless upgrades are ordered.
We hereby propose to furnish material and labor-complete in accordance with the
above specifications for the sum of: Dollars Per insurance Scope of Loss for full
replacement cost value on Insurance Scope of Loss Sheet Including Contractor's
Overhead and Profit, plus deductible, any upgrades insurance supplements.
THE BALANCE IS PAID BY THE INSURANCE COMPANY UPON RECEIPT OF THE
FINAL LOSS INVOICE.
Payment Methods
NO CASH ACCEPTED. All payments for work must be by insurance check, money
order, or cashier’s check.
Made payable ONLY to GA EXCLUSIVE CONSTRUCTION.
THIS AGREEMENT IS BETWEEN GA EXCLUSIVE CONSTRUCTION AND THE
CUSTOMER(S) NAMED ON THE FRONT SIDE, AND IS SUBJECT TO ALL
APPLICABLE RULES, REGULATIONS, LAWS, AND ORDINANCES OF THE STATE
OF GEORGIA AND THE LOCAL JURISDICTION(S) OF THE PROPERTY LOCATION,
AND THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE MADE A PART OF
THIS AGREEMENT.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR BREACH THEREOF SHALL BE EXCLUSIVELY DECIDED AND
SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION BEFORE A SINGLE ARBITRATOR PURSUANT TO
THE CONSTRUCTION INDUSTRY ARBITRATION RULES OF THE AMERICAN
ARBITRATION ASSOCIATION.
THE PLACE OF ARBITRATION MAY BE ENTERED IN ANY COURT HAVING
JURISDICTION THEREOF.
By signing this Agreement, the customer certifies (under penalty of perjury) that the
customer is the property owner or the customer's agent, spouse, or power of attorney
with authority to enter on behalf of the customer and sign this Agreement.
All material is to be as specified.
All work to be completed in a workmanlike manner according to standard
practice.
Any alterations or deviation from the above specifications involving extra costs will be
executed only upon written orders in the form of a "Contract Change Order" and will
become an extra charge over and above the original contract price.
Any representations, statements, or other communications not
written in this agreement, or the Construction Disclaimer Agreement are agreed to be
immaterial and will not be relied upon by either party and do not survive the execution of
this Agreement.
The customer is to carry fire, tornado, and other necessary insurance.
It is agreed that the amount of the Agreement shall be the amount equal to the amount
found on the front of this Agreement, plus any Contract Change Order(s) and the terms
and pricing schedule contained within the Construction Disclaimer.
Supplemental money paid by the Insurance Company for additional labor and
materials needed beyond the original scope of repairs shall be paid directly to GA
EXCLUSIVE CONSTRUCTION.
You, the purchaser(s), may cancel this transaction anytime in writing prior to midnight of
the third day after the date of this transaction.
The final payment is due immediately upon work completion and shall not be held up
while waiting for the city/county/state to inspect the work. If the customer cancels or
terminates this Agreement later than three (3) days from the date the customer signs this Agreement but prior to the commencement of work, such cancellation, termination, or failure to initiate shall constitute a breach of this Agreement.
In such an event, the customer shall pay as liquidated damages to the Company twenty percent (30%) of the Agreement price as set forth in this agreement, being the full insurance proceeds.
In the event that the customer cancels or terminates this agreement after work has commenced, the customer shall pay the Company the full contract price.
These liquidated damages upon payment to the Company shall release the Company from any and all other liabilities or obligations for work performed or not performed.
The company has the right to order excess material.
These materials will not be charged above the agreed-upon price.
All excess material belongs to the Company.
GA EXCLUSIVE LLC is authorized to do the work on the day that GA EXCLUSIVE
CONSTRUCTION.
All agreements are contingent upon "Force Majeure." It is mutually agreed to by both
parties that Force Majeure refers to acts of God: strikes, lockouts, material shortages, or
other industrial disturbances; acts of public enemies; orders of any kind of government
of the United States, the state of Georgia, or any civil or military authority; insurrections;
riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods;
washouts; droughts; arrests; restraint of government and people; civil disturbances;
explosions; breakage or accidents to machinery; pipelines; pumps, canals or other
facilities, partial or entire failure of necessary utilities; or any other causes not
reasonably within the control of the party claiming such inability. If any provisions of this
agreement should be held to be invalid or unenforceable,
the validity and enforceability of the remaining provisions of this Agreement shall not be
affected hereby.
The company is not responsible for any damage below the roof due to leaks caused by
excessive wind (50 mph or more), ice dams, hail, pre-existing or future construction
defects caused by storms or lack of maintenance during the warranty period, or
depressions in the driveway or yard caused by trailers or dumpsters.
Should default be made in payments of this Agreement, charges shall be added from
the date thereof at a rate of one and one-half percent (1.5%) per month with a minimum
charge of $5.00 per month. In the event that referral to an Attorney for collection of
amounts owed under this Agreement becomes necessary, or in
the event that arbitration or other legal action is necessary to enforce the provisions of
this Agreement, the prevailing party shall be awarded costs and reasonable attorney's
fees.
ANY PERSON OR COMPANY SUPPLYING LABOR MATERIALS FOR THIS
IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN ON YOUR PROPERTY IF
THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.
Company's current written workmanship warranty and applicable written manufacturer's
warranties on material shall apply and are not transferable or assignable unless
otherwise specifically stated or agreed to in writing.
To obtain warranty services, the contract amount must be paid in full. ALL OTHER
EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY
DISCLAIMED.
GA EXCLUSIVE CONSTRUCTION is not responsible for any damage to landscaping,
lawn ornaments, or other property from the re-roof tear-off or installation.
It is the homeowner's responsibility to remove or protect any items
from possible damage that could occur. GA EXCLUSIVE CONSTRUCTION is not
responsible for any interior or exterior damage that could occur from the roofing
process. This includes but is not limited to: drywall damage, damage to water lines, gas
lines, HVAC lines, electrical, plumbing, walls, items on shelves, or any other
items.
ACKNOWLEDGEMENT: The Customer hereby acknowledges that he/she has been
provided with a copy of this Agreement, Construction Disclaimer Agreement, and has
read the above and agrees to the terms and conditions found on the front and back of
this Agreement.
