The following Terms and Conditions apply to the various transactions between homeowners, property owners or any individual or entity contracting for products or services, (individually, “Customer” and collectively, “Customers”) and Icon Roofing, LLC (“Icon”). Customers agree to the following applicable Terms and Conditions by signing an estimate, accepting an Icon bid, or by allowing or requesting Icon to commence work on a project. Furthermore, Customers agree to the applicable Terms and Conditions when an Icon bid is incorporated by reference into a subcontract.
Icon conditions its acceptance of any Customer order or agreement on Customer’s acceptance of these Terms and Conditions, which Terms and Conditions supersede additional or different terms contained in any Customer’s order, subcontract, other document, or communication. Customer’s acknowledgment of any Icon estimate, or acceptance of service is conclusive evidence of Customer’s assent to these Terms and Conditions.
The Services shall be project based depending on the Customer’s individual tailored needs. Icon provides a range of services, including but not limited to:
Unless otherwise stated in writing, the Customer assumes sole responsibility for determining whether the nature of the work ordered by the Customer is adequate and sufficient for the Customer’s intended purpose. In performing its Services, Icon shall be entitled to rely on the work of third parties, the representation of Customer and the public record and shall be under no obligation to verify any of the foregoing. The ordering of additional services and/or materials from Icon beyond the Scope of Services shall constitute acceptance of the terms of these General Terms and Conditions as to such additional services and/or materials.
Customer shall pay any and all deposits required upon the acceptance of the Project. Customer acknowledges that Icon will not proceed to order material or schedule to begin to perform Services on a date prior to the payment of a deposit. Additional payment terms shall be dependent on the type of Customer and Services required.
3.1. Single-Transaction Customer. Prior to scheduling any service and before the commencement of the Project, an initial deposit of 50% of the total Project amount is required. The remaining 50% balance is to be due upon Project completion.
3.2. Reoccurring Customer. For reoccurring customers, including contractors who engage in ongoing or repeated Projects, payment is due upon the completion of each Project. Full payment is expected within three (3) days of Project completion. To accommodate business needs or circumstances, these terms can be extended to fifteen (15) or thirty (30) days of Project completion only once a written request is delivered and approved by Icon.
Any change or adjustment to the Project by Customer following Customer’s acceptance of the Project is subject to Icon’s approval, price increases, installation dates changes and manufacturing delays.
Customer is in default for invoices not paid within 30 days or in accordance with the terms on the invoice. Icon charges 1.5% per month for overdue amounts. In the event of default, Customer further agrees to pay all service charges assessed against Customer, plus all actual attorney fees and collection costs Icon incurs to enforce these Terms and Conditions or to collect money from Customer. Customer agrees that time is of the essence.
If Customer’s financial responsibility or contract performance becomes unsatisfactory to Icon at any time, Icon may suspend and withhold further performance. Customer may lift and overcome any suspension by posting with Icon within thirty (30) days security in amount and kind satisfactory to Icon, and as agreed by Icon. Customer is still obligated to pay for products previously delivered or ordered and work performed up to the date of suspension.
7.1. Negotiation. Customer shall attempt in good faith to promptly negotiate and resolve any dispute arising out of, or relating to, these Terms and Conditions or any Agreement between Customer and Icon.
7.2. Lien Rights. This Dispute Negotiation clause shall not preclude Icon from filing a mechanics lien or any other lien appropriate under the law, or from commencing suit to foreclose any lien, but the foreclosure suit shall be stayed until the final resolution of any dispute, which shall be binding in the foreclosure suit as to all matters determined in said resolution, and the lien may then be foreclosed to the extent permitted by law.
The warranties available are dependent on the scope of services performed.
• Roof Repair Services:
be included.
Icon warrants that the Product or Services supplied under an invoice or Agreement conform to the description on the invoice or Agreement form. The foregoing warranty is Customer’s sole warranty with respect to the Product and Services provided. Except to the extent of the invoice or Agreement descriptions, Icon disclaims all other warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no event will Icon be liable for incidental or consequential damages, whether based on breach of express or implied warranty, breach of contract, negligence, strict liability, or any other legal theory.
9.1. IN NO EVENT SHALL ICON BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ICON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
9.2. IN NO EVENT SHALL ICON’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO ICON PURSUANT TO AGREEMENT PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Customer acknowledges that all permits and approvals, including those required by any Homeowners Association (“HOA”), are the responsibility of Customer. Customer is required to notify their HOA and obtain any necessary approvals before Icon will proceed with the Project. Customer acknowledges that if Customer elects not to obtain the necessary permits, that Customer is acting as the owner/builder for the Project and acknowledges that the city, county, or HOA may assess fines and/or require the Project to be removed. Icon shall not be liable for any costs, fees, or fines in the event of such action by the city, county, or HOA.
Bid, quote, estimate forms, invoices, additional scope of work agreements, subcontract agreements, these Terms and Conditions, any attachments, schedules, addenda, or exhibits, and all documents incorporated by reference are one agreement and form the entire agreement between Icon and Customer. The entire agreement supersedes any prior representations, whether oral or written, and all other communications between Icon and Customer.
These Terms and Conditions may not be added to, modified, superseded, or otherwise altered, except by a written instrument signed by an authorized representative of Icon that explicitly states, “This Agreement modifies Icon’s Terms and Conditions.”
Customer agrees to save and hold Icon harmless from any claims, demands, liabilities, costs, expenses or judgments arising in whole or in part, directly or indirectly, out of the negligence or lack of care by Customer or Customer’s customers, agents, employees, or invitees involving the use of any Product or Services supplied by Icon. This indemnification shall include all costs, attorney fees, and other expenses paid or incurred by or imposed upon Icon in connection with the defense of any indemnity claim.
Arizona law governs these Terms and Conditions regardless of conflict of law rules, except where specifically stated otherwise. Customer agrees that in the event of litigation, jurisdiction and venue is proper in Maricopa County Superior Court or the United States District Court for the District of Arizona. Customer further agrees that in the event of a dispute, the prevailing party is entitled to its attorneys’ fees and recoverable costs.
If a court, mediator, or arbitrator holds a provision of these Terms and Conditions to be unenforceable, all other provisions remain in full force.
Icon’s Agreement prices are valid for thirty (30) days from the date on the Agreement, unless specified as less on the Agreement. Icon’s Agreements are not offers unless signed and accepted by Customer, and estimates are subject to stock on hand and prior sale. Icon estimators arrive at the quantity of Product/scope of Services on the estimate using their best ability. However, Icon cannot guarantee that the estimated quantities/scope of work will satisfy Customer’s requirements. Icon does not assume liability for clerical errors. Icon’s submission of an Agreement does not constitute acceptance of any Customer’s subcontract agreement/terms. Furthermore, Icon’s Agreements are subject to these Terms and Conditions or mutually agreeable terms with Customer. If not previously signed and accepted, by instructing Icon to commence work or preparation for work, Customer accepts Icon’s Agreement and these Terms and Conditions. In the event of any conflict between the scope of the Agreement and any other document, the Agreement scope shall govern.
Customer must notify Icon of changes in the project schedule at least seven (7) days in advance. Icon is not bound by modifications to the project schedule that occur as of the result of forces outside of Icon’s control. Icon may make reasonable adjustments to crews and deliveries to meet project schedules.
Typically, Icon inspects conditions before installing Product/rendering Service. Customer shall provide adequate Install Conditions. Icon is not liable for any damages for poor Install Conditions or for improper installation when Customer neglects to provide adequate Install Conditions.
Icon Roofing is a residential roofing company located in Mesa, AZ. We are licensed, bonded and insured Phoenix roofing contractors that can handle all of your roofing needs. We care about our clients, which means we care about your roof. We install new roofs with the best roofing materials for your home, and back our work with a satisfaction gurantee.
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