Terms & Conditions

Acceptance of proposal: Andes Contracting LLC, hereinafter referred to as “Company” is authorized to do the work specified, for the stated price; and the specifications and conditions are satisfactory and are hereby accepted by the Owner/Agent.  This proposal shall become a binding contract upon acceptance hereof by an Officer of the Company: an authorized agent (POA) of the Company: or upon commencement of work.  The company agrees to perform all work as described in this agreement and/or depicted on contract drawings for this project.  Any contract drawings and attached specification or instructions shall be initialed and dated by both parties to be acknowledged and made part of this agreement.

TERMS: Final Payment shall be made upon completion as follows on all amounts owing unless otherwise specified in writing.  Full payment to be made payable to Andes Contracting LLC upon completion.

              Failure to pay all amounts due within the terms of these agreed time periods will result in a 10% late charge of the amount owing and increase by an additional 10% every thirty (30) days, to be paid by the Owner/Agent to the Company.  In addition, Owner/Agent understands that the Company has the right to file a claim on foreclosure, a mechanics lien and/or materialman’s lien against the real property upon which materials and/or labor is furnished and for which payment is not received.  Owner represents that he/she has full authority to enter this agreement and that he/she is legal owner(s) of the property.  Agent represents that he/she has full authority to enter this agreement and that he/she is acting as the agent for the owner, and that he/she has informed the Owner of this contract.   Owner/Agent agrees that this contract also functions as a mortgage upon that property which shall secure the amounts owed under this contract, may be filed at any time by Andes Contracting LLC in any county, and Andes Contracting LLC may supply the legal description or any other information necessary to perfect its mortgage lien.  In addition, Owner/Agent agrees to pay legal and or collection fees as a result of failure to pay amount owning.

              For the purpose of this agreement completion shall be defined as the date upon which the roof work is substantially complete.  The work shall be substantially complete even though warranty, minor or trivial work may be finished after the completion date.  The date of inspection, final inspection, certification or other activities by a City, County, State, or Federal Building Departments or Code Enforcement Agencies are completely irrelevant to the determination of the completion date.  The Company warrants that its work will pass inspections.  If additional work is required after completion in order to pass inspections, Company agrees to perform the work necessary to obtain approval.

              Upon commencement of work, should discovery that additional labor, time and/or materials be required to obtain local code compliance beyond the original scope of work, Owner/Agent will be notified immediately in writing and will be responsible for these additional costs by executing a “change order.”  This “change of order” may or may not include a revised completion date.  The “change order” shall be signed by all parties.

              As the undersigned, I hereby give my consent and waive all rights and claims against the Company for the use, and any corresponding damage to curb and driveways as a means of access for trucks and equipment in the execution of work.

Warranty:  For entire roof application, Company liability is limited to repairing the roof resulting from workmanship or materials application for a period of two(2) years from the date of completion on invoice expressly excluding consequential damages to the building or contents and subject to the conditions and limitations set forth in this warranty.  The Company shall only be liable for actual damage caused only by the Company to the building.  For partial roof application and repair work, the Company’s liability is limited to the roof for a period of 90 (ninety) days from the date of completion.  Owner/Agent expressly waives all other rights except those stated herein.  Leaks or items of concern occurring after completion of work will be addressed as warranty items in a timely workmanship manner not to effect the schedule or terms of this agreement.

Exclusions are:  No repairs to the roof, drains, plumbing and/or replacement of fascia, boards, ventilators, flashing, roof jacks, or application of the Company’s work is included in this contract unless such items are specifically stated in writing.  There are no other guarantees or warranties expressed or implied, warranties and guarantees are nontransferable, nonpayment of contractual amount in full when due will immediately void all warranties and guarantees.

              To acceptably execute the cancellation of this contract, the Owner/Agent must give written notice of cancellation by certified mail to Andes Contracting LLC within 72 hours.  Materials that have to be reordered or restocked due to cancelation by the Owner/Agent, the Owner/Agent will be responsible for a restocking fee assessed to equal fifteen percent (15%) of the contracted amount plus permit fees.

              Company shall not be held liable for any damages occurring due to placement of materials on property by anyone other than Company.  During the roofing process some vibrations may occur.  The Owner/Agent must take the necessary precautions to prevent pictures, fixtures and/or other items from falling and breaking within the interior and/or dust within the interior or exterior of the building.  Company may, at its discretion engage subcontractors, and in all instances insure the proper completion of this contract.  Company is not responsible for delays due to weather, delivery or availability of materials, strikes or accidents beyond the Company’s control.  Authorized signature, as referred in paragraph one is required to validate this contract.  This document, when accepted by the Owner/Agent will constitute the entire agreement between the parties hereof.  There being no promises or agreements written or oral except for the provisions herein set forth.

•        Owner/Agent further agrees that the equity in this property is security for this contract.
•        Replacement of deteriorating decking, fascia boards, roof jacks, ventilators, flashing, gutters, or other material, unless stated in this contract, are not included and will be charged as additional cost on a time and material basis.
•        This agreement constitutes the entire understanding of the parties, and no other understanding, collateral or otherwise, shall be binding unless in writing and signed by both parties.
•        Owner/Agent hereby acknowledges that Contractor may be subject to delays occasioned by inclement weather, labor disputes, and material supply shortages which are beyond the control of the Contractor and purchaser hereby acknowledges that all such delays do not constitute abandonment and are not included in calculating time frames for payment and performance of the installation of roof.  Owner/Agent further agrees to pay to Contractor an amount equal to 20% of the total contract price should this contract cancel for any reason prior to the initiation of work at subject property.
•        Payment is due upon completion. Any portion remaining unpaid will bear interest at the maximum rate allowed per annum commencing 30 days after completion.  Purchaser agrees to pay reasonable collection fees and/or any attorney fees needed in pursuit of collecting any remaining unpaid portion commencing 60 days after installation.
•        Andes Contracting LLC is not responsible for damage to hidden, freon, alarm, telephone, gas, water, or electrical lines.
•        Any and all leftover material is the property of Andes Contracting LLC.
•        Labor warranty does not cover damage to roofing caused by lightning, gale (50 MPH), hurricane, hailstorm, impact of foreign objects, or other violent storm or casualty, or damage due to settlement, distortion, failure or cracking of the walls or foundation of a building.  After the occruance of any of these events, all warranties are void.  Warranty applies to roofing/siding only, Company is not responsible for any damage to the interior of building or contents.
•        All discounts and warranties are void if not paid when balance is due.  Labor and material warranty is non-transferrable.
•        Owner/Agent and the property owner’s insurance to remain in effect and to indemnity and hold harmless Andes Contracting LLC for any incidental damages incurred prior to, during and after the work in progress to coincide with Andes Contracting LLC Warranty.
•        Andes Contracting LLC reserves the right to file for supplemental insurance claims if insurance adjuster measurements are used and prove to be incorrect.  At no additional cost to the customer, Andes Contracting LLC reserves the right to file supplemental insurance claims due to material and labor price increases due to storm environment.
•        Andes Contracting LLC reserves the right of venue if necessary for legal proceedings.

·    It is understood the contracted work is the property of Andes Contracting LLC, no other person or company has any rights to the work or the contract.