Page 13 of 13
12238 Emerson Drive, Brighton, MI 48116 | 800-483-9932 | service@bloomroofing.com
|TERMS AND CONDITIONS
Bloom Roofing Systems, Inc. (BRSI) will complete all work in a workmanlike
manner according to standard practices.
If roof tear off is to be performed, BRSI shall not be responsible for damages
caused by (a) water penetration into the building resulting from moisture
contained or trapped in or under the existing roof surface which is released
during tear-off, and (b) penetrations of dust, dirt or mold spores into the building
resulting from the tear-off. BRSI shall not be responsible for damage from leaks
through any area of the existing (present) roof surface where BRSI has not
performed tear-off surface preparation work. BRSI will be responsible for any
damages resulting from new rain water entering the building as a result of an
improper seal off in the area we are working. BRSI will not be responsible for
damaged drains and drain lines.
If roof membrane is installed over an existing system, BRSI shall have no
responsibility for water penetration or mold growth that occurs as a result of
moisture contained in the old, or former, roofing system.
If structures of any kind are to be added to and installed on the roof membrane
after its application, such installation shall be entirely at the risk of the owner,
unless BRSI is given reasonable notice in writing of the time and date of such
installation and is permitted to supervise or conduct (at its option) the cutting
and sealing of the roof membrane necessary for such installation. BRSI shall be
paid on a time-and-material basis for such supervision or work. See
manufacturer’s warranty for requirements after warranty is delivery.
Owner represents there is no electrical conduit embedded within the existing
roofing to be removed or attached directly to the underside or topside of the roof
deck upon which BRSI will be installing the new roof. Owner will indemnify BRSI
from any personal injury, damage, claim or expense because of the presence of
electrical conduit, shall render the conduit harmless so as to avoid injury to
BRSI’s personnel, and shall compensate BRSI for additional time and expense
resulting from the presence of such materials and unsafe structures.
BRSI shall not be liable for any claims or damages arising from or related to
deficiencies in roof drainage. It is the Customer's responsibility prior to
commencement of reroofing to retain a licensed architect or mechanical
engineer to determine and evaluate the drainage design and compliance with
applicable plumbing codes, including potential need for additional drains,
scuppers, or overflow drains. BRSI's work does not include evaluation of code
compliance, existing drainage, proper location or size of roof drains, or
adequacy of drainage. BRSI is not responsible for ponding.
Customer agrees to remove or protect property directly below the roof in order
to minimize potential interior damage. BRSI shall not be responsible for
disturbance, damage, and cleanup, loss of use or loss to interior property that
Customer did not remove or protect prior to commencement and during the
course of roofing tear-
off and reroofing operations. Customer shall notify tenants
and building occupants of reroofing and the need to provide protection
underneath areas being reroofed. Customer agrees to hold BRSI harmless from
claims of tenants and occupants who were not so notified and did not provide
protection.
BRSI will deliver, handle, store and install materials in accordance with the
manufacturers’ instructions. Copies of all product warranties will be provided to
the Owner. BRSI may make substitution of materials only by written change
order signed by the Owner.
Owner acknowledges and understands that, BRSI commences the
work, new or additional problems may be uncovered that were not
discovered by BRSI visual inspection. If such new or additional
problems are discovered, the price and time to complete the repairs will
be adjusted based upon the reasonable additional costs and time
resulting from such problems.
BRSI will keep the project and surrounding area reasonably free from
accumulation of waste materials or rubbish caused by the work. At
completion of the work, BRSI will remove from and about the project all
waste materials, rubbish, tools, construction equipment, machinery and
surplus materials.
BRSI shall be responsible for the acts and omissions of all their
employees and subcontractors, their agents and employees, and other
persons performing work for BRSI.
“No asbestos containing materials are to be utilized as building
components or brought onto the premises.”
BRSI shall maintain Worker’s Compensation Insurance in the limits
required by state law and Comprehensive General Liability Insurance
coverage in force for all of its operations under this contract.
BRSI shall take reasonable safety precautions with respect to its work
and shall have responsibility for compliance of its equipment and
employees with all applicable laws, ordinances, rules, regulations and
orders of any public authority for the safety and health of persons on
the job site.
Any disputes, claims and questions regarding the rights and obligations
of the parties under the terms of this Agreement are subject to
arbitration. Either party may make a demand for arbitration by filing
such demand in writing with the other party within thirty (30) days after
the dispute first arises. Thereafter, arbitration shall be conducted in
accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association then in effect.
If arbitration is necessary, each party agrees to pay its own legal fees
and half of the fees of the arbitrator and the American Arbitration
Association. A lien will be filed on all jobs where payment is past due.
To the extent permitted by law, Owner shall defend, indemnify and hold
BRSI harmless from any and all penalties, actions, liabilities, costs
expenses and damages arising from or related to the presence of (a)
asbestos or similar hazardous materials or (b) mold of such type or in
such quantity as to require remediation (hereafter “potentially harmful
materials”) at this work site, including without limitation, installation,
disturbance or removal of any product containing potentially harmful
materials or violation of government regulations relating to such
potentially harmful materials. Owner grants BRSI waiver of subrogation.
Any alteration to, or deviation from, this Agreement involving extra work
will require a written agreement and will be performed for an additional
fee.