Terms and Conditions

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Terms and Conditions

CONTRACTOR AND CLIENT DEFINED. As used herein,   the words   “Contractor,” “we,” and “our” refer to “CJ Legacy Group, LLC DBA Legacy Construction” and to authorized sales personnel expressly acting on its behalf. The words “Client;” “you,” and “your” refer to the person described   as ” Client” and “Homeowner”   on the reverse side of this document.  “Parties” refers to Contractor and Client;” Party”   refers to either Contractor or Client.

APPROVAL BY CONTRACTOR’S SENIOR MANAGEMENT REQUIRED. For this Contract to be binding on Contractor, it must be (a) signed by Contractor’s sales representative and (b) reviewed and approved by Contractor’s senior management. Such review and approval will be assumed unless Contractor informs Client otherwise no later than 24 hours after Contractor’s senior management has actually received the Contract from Contractor’s sales representative.

COMPLETE AGREEMENT.  This Contract constitutes the sole contract between the Parties with respect to the matters set forth herein. It supersedes any and all previous discussions, negotiations, understandings, and  agreements between the Parties, whether  oral  or written  or both   The Contract between  us is entirely written;    it  does not  include any oral  promises, representations, terms,  or statements.  To be effective, a modification or amendment of this Contract must be written and signed by both Parties; no oral modifications or amendments are permitted.  Should any provision of this Contract be found to ‘be unlawful, such provision shall   be deemed to be severed from this Contract, and every other provision   shall remain in full force and effect.  The failure of either Party at any time to require full performance by the other of any provision of this Contract shall not affect such Party’s right to require such performance at any time thereafter. Nor shall the waiver by either Party of a breach of any provision herein constitute a waiver of any subsequent breach of the same or any other provision of this Contract.

ACKNOWLEDGMENTS BY CLIENT. Client acknowledges that  (a) Client was not high pressured into  making this  Contract;  (b) Client was orally  informed  of Client’s cancellation  rights, including   the  requirement that  any cancellation   be written.  (c) the  other  side  of  this  Contract  states  and describes  fill of  the  work   and  services  Contractor  agreed  to  provide.  (d)  Contractor did not make any significant representation or promise, other than those expressly stated in this written Contract, on which Client relied in making this Contract.

PAYMENT TO CONTRACTOR. The reverse side of this Contract states the total amount to be paid to Contractor for its goods and services (“Amount Due”) and includes a Payment Schedule.   The Parties contemplate that the insurance company providing Client’s insurance (“Insurer”) will pay all or some of the Amount Due. Should the Insurer fail to pay the entire Amount Due, Client individually remains obliged to do so, in accordance with such Payment Schedule.

REPAIRS TO BE PERFORMED BY CONTRACTOR.  Should Client believe that repairs of any kind are needed with respect to any of the goods or services provided by Contractor hereunder, Client should so inform Contractor and provide Contractor with a full opportunity to perform, or cause to be performed, any and all necessary repairs.  Client will not be charged for any such repairs unless the repairs were necessitated by acts or omissions by Client or any person retained by, or associated with Client; including all persons residing in the house described on the reverse side.  This provision is applicable only during the period of any expressly implied warranty provided by Contractor.

EFFECT OF REQUESTTHAT WORK COMMENCE IMMEDIATELY. The law provides Client three business days within which to cancel this Contract, for any reason or no reason.  Contractor is not required to perform any work within that three business-day period. If Client nevertheless asks Contractor to commence work immediately and Contractor agrees to do so, and if Client thereafter timely exercises its cancellation right,  Contractor will be entitled  to take whatever steps are necessary to restore the Client’s home to the condition it possessed when Contractor began working to the extent to which can be done. Client recognizes that this may require Contractor to remove lumber, hardware, and other personal   property that has been affixed to the home, in order to restore the Parties to the positions they occupied before this Contract was signed.  Alternatively,   Contractor may demand that Client pay the reasonable value of the work that had been completed as of the time when Contractor received Client’s cancellation notice, including the value of the personal property affixed to the home and fair compensation for the services of persons who performed work on the home.

MISCELLANEOUS LIMITATIONS AND DISCLOSURES. Unless stated otherwise on the reverse side hereof, this Contract does not oblige Contractor to replace roof jacks, ventilators,  decking, fascia  boards, exhaust pipes, or flashing. If proper installation of a new roof system requires replacement of any of these items, Client will be so informed and will be obliged to pay for the new items. During the replacement of flashing, deteriorated siding adjacent to such flashing may unavoidably track, break, or tear. This Contract does not oblige Contractor to replace or repair such cracked; broken, or torn siding In order to complete the work it has promised to perform. Contractor may need to remove items such as satellite dishes and solar panels.   Should such be necessary, Contractor is not obliged to and will not reinstall any such items, Contractor urges Client to have any such items reinstalled by appropriate professionals. Client understands that this Contract does not require Contractor to inspect for, locate, or rectify preexisting structural deficiencies in the home, even though installation of a new roof system could possibly worsen such structural deficiencies.   Contractor urges Client to retain appropriate professionals to inspect for and repair any structural deficiencies, which may exist, after Contractor has completed its work. Contractor also is not responsible for damage resulting from any roof ice dams, which form, or from rain/snow driven into roof vents.

ACTIONS BY CLIENT TO MINIMIZE COLLATERAL DAMAGE.  Installation of the new roof system may unavoidably result in the transmission of vibrations   throughout the house, which may result in collateral damage for which Contractor is not responsible. Client may minimize harm potentially associated with such vibrations by removing all objects hung from or upon exterior and interior walls as well as ceilings and soffits. During performance of the work required by Contractor, objects may unavoidably fall from the roof, scaffolding, ladders, and staging; to avoid being struck by such objects, Client shall entirely   refrain from standing or walking within 50 feet of the home while work is underway. Installation   of the new roof system also may unavoidably result in damage to flower beds, shrubs, trees, patios, walkways and other landscaping elements near the home. Client may minimize any such damage by taking protective measures such as but not limited  to the strategic placement and securing  of tarps and  covers to protect landscaping elements.

APPLICABLE LAW; ARBITRATION; WAIVER OF JURY TRIAL; LIMITATION ON PUNITIVE DAMAGES.  This Contract and the relationship of the Parties shall be governed by and construed according to the laws of the State in which Client’s home is located (excluding conflict of laws principles). Any cause of action, claim, suit or demand by either Party, allegedly arising from, or related to, the terms of this Contract or the relationship of the Parties, shall be resolved by binding, confidential arbitration before an experienced arbitral entity selected by the Party initiating the arbitration, except that the American Arbitration Association may not be selected as such entity. Any and all questions as to whether or not an issue constitutes a dispute or other matter arbitral under this section shall themselves be settled by arbitration. The arbitrator shall have the discretion to permit discovery, upon a showing of good cause, but such discovery shall be limited to requests for the production of documents and up to five depositions per side, each of which is not to exceed two days.  Any arbitration award shall be final, binding, and conclusive upon the Parties and their privies, and a judgment rendered thereon may be entered in any court having jurisdiction.   The Parties knowingly waive any and all rights to trial by jury of any issue in any arbitration between them in any way relating to or arising from this agreement or the relationship of the parties. The Parties agree that, in the event of any arbitration, neither Party will be entitled to or may recover punitive damages more than three (3) times the amount of compensatory damages that are proven, no matter how small or large the amount of such compensatory damages.