Terms of Service
The Parties hereto acknowledge and agree that this Contract represents the full and complete Contract of the Parties with respect to the terms and conditions contained herein, and that the terms and conditions of this Contract supersede and replace any prior Contracts, whether oral or written, regarding the terms and conditions contained herein. Any amendments or modifications of this Contract must be in writing and executed by all Parties to be effective. This Contract may be executed in multiple copies and/or in counterpart, each of which will be deemed an original. Facsimile or email signatures shall be valid and binding in the same manner as ink signatures.
This two-page TERMS of Service Insurance Claim Agreement, explains the terms of the “Insurance Claim Service Agreement”, and constitutes an offer to you and will become an enforceable contract only upon its approval and acceptance by AAM Inc dba AAM Roofing & Construction ( referred to as AAM throughout this document ) evidenced by AAM’s authorized representative signature. Modification notification delivery shall be with document proof of delivery, using registered or certified U.S. mail, fax, email or hand delivery. In this document, “you” means the owner of the property, and “work” means the materials provided and services performed by AAM.
Payment is due for materials when delivered. Payment is due for the remainder of the agreement with completion of each individual trade, including applicable overhead and profit, such as: roofing, siding & trim, gutters, awnings & carports, interior repairs, punch list. In the event a final inspection is required before you choose to pay, you shall agree to pay the total balance due, less 10% as hold-back for the individual trade until the final inspection and any subsequent punch list is completed.
AAM is not responsible for damage below the roof due to leaks caused by excessive wind greater than 55mph, ice damming or hail, at any time during the construction process or the warranty period. AAM will not be responsible for slight scratching and denting of gutters, oil droplets in driveways, hairline fractures in concrete, flowers or minor broken branches or plants and shrubbery. Any damage as a result of supplier material delivery or subcontracted service will be resolved directly between you and the supplier or subcontractor and AAM will be held harmless.
AAM reserves the right to cancel this contract at any time at which time all outstanding invoices are due for all complete portions of work as completed. This agreement is subject to the credit and pricing approval of the management of AAM. All excess materials remain the property of AAM.
Any portion of any contract found to be non compliant with SB38 or other state law shall nullify and void said contract.
AAM reserves the right to supplement the insurance company for increases in the “Full Scope of Work” and or documented price increases. You agree to allow these supplements to be paid directly to AAM. “Full Scope of Insurance Proceeds: shall be defined as the full price for repairs and replacements allowed by the insurance company.
You have the right to rescind the contract within 72 hours and receive a full refund of your deposit. This contract is for remodeling work. You have the right to rescind it pursuant to Colorado revised statutes, section 6-22-104. If you terminate this contract after these times and before AAM commences work, you agree to pay AAM $1,500 as liquidated damages to compensate for its time expended, identification and scheduling of its Workforce, and lost profit of which you understand to be immeasurable at the time of signing; plus you agree to pay AAM’s actual damages, which are specifically excluded from liquidated damages, including AAM’s actual cost for its non-cancelable contractual obligations, material that cannot be returned, restocking charges for material that is returned, and other actual, unavoidable costs incurred by AAM that are related to the work. You agree that the liquidated damages amount is a fair and reasonable estimate compensation for AAM’s immeasurable damages as described if you terminate this contract after AAM commences work AAM shall be entitled to compensation for work performed including all its cost for labor, common material and contractual obligations as well as lost profits; and AAM shall retain all or a portion of any payments or deposits made by you or on your behalf to partially pay for such work, material, obligation or lost profit. This shall not apply to contracts for hourly repairs.
If your project is covered by insurance, you agreed to pay your insurance deductible to AAM in addition to all proceeds received from your insurance carrier for the work performed. If, for any reason, your insurance carrier does not pay any amount of this contract you agreed to pay such amount not so paid. For example: if your policy covers only the actual cash value of the damaged property such that your insurance won’t pay for what is often referred to as “depreciation”, you agree to pay that depreciation amount to AAM.
If permitted by your insurance carrier and or buy your mortgagee, you hereby appoint AAM as your attorney in fact to accept on your behalf checks and drafts and to ensure such checks and transfer deposit to AAM, Inc account for the work if you have proceeds from your insurance carrier to look directly or through your mortgage or other Equity, you agreed to hold such proceeds in trust for AAM to remit such to AAM immediately upon your receipt.
AAM will perform in accordance with Federal, state, local building codes and regulations. AAM’s work will be deemed approved upon calling your insurance carriers adjusters approval “if submitted to AAM” or governmental inspection “as may be required by law submitted to AAM” or AAM’s substantial completion and final inspection, whichever occurs first. Substantial completion means that the principal products have been installed; if demonstrateable remedial service or punch list work remains, you agree to withhold only the value of such repairs until that work has been completed.
AAM offers a one year warranty for its work. AAM is responsible only for its own work not that of its subcontractors. AAM shall repair or replaced, and its sole discretion defective product or non-working like service upon timely notice during AAM’s performance of this contract. If you perceive that AAM’s work is defective or its services are not workmen like, you must immediately notify AAM in writing with sufficient detail so that AAM can investigate your perception and if it is accurate remedy the matter at a time and in a manner that I am, and its sole discretion, determine so how to mitigate damages. You agree that you will cooperate fully with AAM and not in any way interfere with AAM’s efforts to remedy work such as by causing delay or at limiting or preventing timely and appropriate access to your property. You agree that your failure to provide AAM or your interference with ( or obstruction of ) AAM’s efforts, it will exhaust your right to any remedy that you may have and does constitute your acceptance of AAM products and services as they existed prior to your notice, and you understand and agree the exceptions will forever bar and claim your right otherwise have asserted against a team that is in any way related to such perceived products or non-working services. Interference with obstruction of AAM’s remedial efforts include but are not limited to actual provision of access to your property whether by commission or any act or by omission of any act, such as your absence from the property scheduled meeting to provide AAM access to your property. In a case of such absence, you agree that AAM has no obligation to meeting, but if AAM determines, at its sole discretion, to reschedule such meeting that you’ll pay rescheduling fee of $250 immediately, you agree that AAM thereafter will bear no responsibility or liability for any incidental or consequential damages however for cause. You further agree that under no circumstances shall AAM be liable for any amount greater than the amount received pursuant to this contract.
AAM will use your electricity source to perform the work; you agree to provide timely access to and pay for such source and provision.
No warranties for AAM products or services are effective until you have paid all amounts due. Additionally no warranty for supplies to damages caused by acts of God — lightning, hail, high winds, etc — or by impact from animate or inanimate objects or Distortion, failure or adequacy of structure on which the products are placed or by misuse.
If a dispute arises on any matter related to this contract, you agree to: notify AAM, provide all relevant information, and attend through negotiation or mediation. The negotiation and mediation shall remain confidential and that you will not disparage AAM at any time unless such disparagement is both true and available in a public record.
This Contract is to be construed and interpreted in accordance with the laws of the State of Colorado, County of Jefferson, regardless of conflict of law principles. All parties agree to State of Colorado, County of Jefferson as the proper venue for court proceedings.
If any provision of this contract is adjudicated to be invalid or unenforceable, such and validity or unenforceability shall only affect invalid or enforceable portion of the contract, and the remainder of the contract will be enforced to the fullest extent permissible under the laws in the public policies applying there too.
All of your remittances must be payable to AAM, Inc. Payment is due upon your receipt of AAM’s invoice. Payment due at time of service. In the event of non-payment, client agrees to pay all costs of collection, including a reasonable attorney fees. A finance fee of 2% per month plus $30 processing fee will be applied to balances or the maximum allowed by law. If AAM’s enforces the provisions of this contract for payment from you and if AAM prevails you agree to additionally to pay additionally for any expenses incurred by AAM, including but not limited to AAM’s attorneys fees and collection costs.
All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. Deteriorated plywood will be replaced at $105 / first sheet and $60/ each additional sheet. Labor and material warranty covers roof only. Owner to carry fire, tornado and other necessary insurance.
AAM will not be responsible for weight related problems. Home owner is responsible hiring an engineer to verify the structure will support new roofing material. This proposal may be withdrawn by AAM if not accepted at any time By signing the contract you assert you have signature authority to approve this work.