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Terms & Conditions
Commercial & Specialty Roofing Contractor 800-532-ROOF (7663)

Terms & Conditions

  1. Nature of Work. Gooding, Simpson & Mackes, Inc. t/a GSM Roofing (“GSM”) shall furnish the labor and material to perform the work described herein or in the referenced contract documents. GSM does not provide engineering, consulting or architectural services. It is the Owner’s responsibility to retain a licensed architect or engineer to determine proper design and code compliance. If plans, specifications or other design documents have been furnished to GSM, Customer warrants that they are sufficient and conform to all applicable laws and building codes. GSM is not responsible for any loss, damage or expense due to defects in plans or specifications or building code violations unless such damage results from a deviation by GSM from the contract documents. GSM is not responsible for location of roof drains, adequacy of drainage, ponding on the roof or structural conditions.
  2. Deck Conditions. Customer warrants that the deck and structures on which GSM is to work are in sound condition and capable of withstanding normal activities of roofing construction, equipment and operations and suitable for attachment of roofing materials. GSM is not responsible for the construction, undulations or structural sufficiency of the roof deck or other trades’ work or design, including whether deck construction complies with FMG criteria. If deck conditions are unsatisfactory, additional changes will apply.
  3. Asbestos and Toxic Materials. This proposal is based on GSM’s not coming into contact with asbestos-containing or toxic materials. GSM is not responsible for expenses, claims or damages arising out of the presence, disturbance or removal of asbestos-containing or toxic materials. GSM shall be entitled to reasonable compensation for all additional expenses incurred due to the presence of asbestos- containing or toxic materials at the work site. Customer agrees to indemnify GSM from and against any liability, damages, losses, claims, demands or citations arising out of the presence of asbestos or toxic materials at the work site.
  4. Payment. Unless otherwise stated in writing, customer shall pay a 25% down payment due upon acceptance of the contract. The balance of the contract price plus any additional charges for changed or extra work shall be due within thirty (30) days of the invoice date. If completion of the Work extends beyond one month, Customer shall make monthly progress payments to GSM, due within thirty (30) days of the invoice date, for the value of Work completed during the preceding month, plus the value of materials suitably stored for the project. All sums not paid when due shall earn interest at the rate of 1% per month. GSM shall be entitled to recover from Customer all costs of collection incurred by GSM, including attorney’s fees, resulting from Customer’s failure to make proper payment when due. GSM’s entitlement to payment is not dependent upon criteria promulgated by Factory Mutual Global, including wind uplift testing.
  5. Right to Stop Work. The failure of Customer to make proper payment to GSM when due shall constitute a material breach of contract and entitle GSM, at its discretion, to suspend all work and shipments, including furnishing warranty, until full payment is made. The time period in which GSM shall perform the work shall be extended for a period equal to the period during which the Work was suspended, and the contract sum to be paid GSM shall be increased by the amount of GSM’s reasonable costs of shut-down, delay and start-up.
  6. Insurance. GSM shall carry worker”s compensation, automobile and commercial general liability and such other insurance as required by law. GSM will furnish a Certificate of Insurance upon request. Customer shall purchase and maintain builder”s risk and property insurance, covering fire, extended coverage, malicious mischief, vandalism and theft on the premises to protect against loss or damage to material and equipment and partially completed work until the job is accepted. Moneys owed to GSM shall not be withheld by reason of any damage or claim against GSM covered by liability or property damage insurance maintained by GSM or claims covered under builder’s risk insurance.
  7. Additional Insured. If Customer requires and Contractor agrees to name Customer or others as an additional insured on Contractor’s liability insurance policy, Customer and Contractor agree that the naming of Customer or other parties as an additional insured is intended to apply to claims made against the additional insured to the extent the claim is due to the negligence of Contractor and is not intended to make the Contractor’s insurer liable for claims that are due to the fault of the additional insured.
  8. Interior Protection. Customer acknowledges that re-roofing of an existing building may cause disturbance, dust or debris to fall into the interior. Customer agrees to remove or protect property directly below the roof in order to minimize potential interior damage. GSM shall not be responsible for disturbance, damage, clean up or loss to interior property that Customer did not remove or protect priorto commencement of roofing operations. Customer shall notify tenants of re-roofing and the need to provide protection underneath areas being re-roofed. Customer agrees to hold GSM harmless from claims of tenants who were not so notified and did not provide protection.
  9. Damages and Delays. GSM will not be responsible for damage done to GSM’s work by others. Any repairing of the same by GSM will be charged as an extra. GSM shall not be responsible for loss, damage or delay caused by circumstances beyond its reasonable control, including but not limited to acts of God, accidents, fire, weather, vandalism, regulation, strikes, jurisdictional disputes, failure or delay of transportation, shortage of or inability to obtain materials, equipment or labor. In the event of these occurrences, GSM’s time for performance shall be extended.
  10. Roof Projections. GSM will flash all roof projections that are shown on the architectural plans provided to GSM and that are in place prior to installation of roofing. Any penetrations through the roofing to be installed by GSM not shown on the plans provided to GSM prior to submittal of this proposal or required after installation of roofing shall be considered an order for extra work, and GSM shall be compensated at its customary time and material rates for performing such additional work.
  11. Safety/Site Access. GSM is not responsible for the safety of persons on the roof other than its own employees. Owner agrees to indemnify and hold GSM harmless, including attorney’s fees, from claims for personal injury by persons or entities that Owner has allowed or authorized to be on the roof. Owner shall shut down roof located electronic equipment that emits or receives radio frequency waves while GSM is working on the roof so that GSM’s personnel are not subject to exposure and shall indemnify and hold GSM and its personnel harmless from radiation claims resulting from Owner’s failure to do so.
  12. Site Conditions. GSM shall be provided with direct access to the work site for the passage of trucks and materials and direct access to the roof. GSM shall not be required to begin work until underlying areas are ready and acceptable to receive GSM’s work and sufficient areas of roof deck are clear and available and free from snow, water or debris to allow for continuous full operation. The expense of any extra trips by GSM to and from the job as a result of the job not being ready for the Work after GSM has been notified to proceed will be charged as an extra. GSM shall not be responsible for additional costs required due to the existence of wet insulation, deteriorated deck or other subsurface or latent conditions. The raising, disconnection, re-connection or relocation of any mechanical equipment on the roof that may be necessary for GSM to perform the roofing work shall be performed by others or treated as an extra.
  13. Electrical Safety. Owner warrants that there will be no live power lines on or near the roof servicing the building where GSM will be working and that Owner will turn off any such power supplies to avoid an electrocution risk to GSM’s employees. GSM’s price is based upon there not being electrical conduit or other materials embedded within the roof assembly or attached directly to the underside or topside of the roof deck upon which GSM will be installing the new roof. Owner will indemnify GSM from personal injury and other claims and expenses if Owner fails to turn-off power so as to avoid injury to GSM’s personnel or resulting from the presence of concealed electrical conduit and live electrical power. GSM is not responsible for costs of repair or damages, including disruption of service, resulting from damage to undisclosed or concealed electrical or other utility lines.
  14. Warranty. GSM’s work will be warranted by GSM in accordance with its standard warranty, which is made a part of this proposal and contract and incorporated by reference. A facsimile of GSM’s standard warranty is attached or, if not, will be furnished upon request. GSM SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The acceptance of this proposal by the Customer signifies his agreement that this warranty shall be and is the exclusive remedy against GSM. A manufacturer”s warranty shall be furnished to Customer if a manufacturer”s warranty is called for on the face of this proposal. It is expressly agreed that in the event of alleged defects in the materials furnished pursuant to this contract, Customer shall have recourse only against the manufacturer of such material.
  15. Existing Conditions. GSM is not responsible for leakage through areas of the existing roof that have not yet been reroofed or due to existing conditions simply because GSM started work on the building. GSM is not responsible for satellite dish recalibration unless specifically stated in the scope of work.
  16. Mold. GSM and Owner are committed to acting promptly so that roof leaks are not a source of potential interior mold growth. Owner will make periodic inspections for signs of water intrusion and act promptly including prompt notice to GSM if Owner believes there are roof leaks, to correct the condition. Upon receiving notice, GSM will make roof repairs. The Owner is responsible for monitoring any leak areas and for indoor air quality. GSM is not responsible for indoor air quality. Owner shall hold harmless and indemnify GSM from claims due to indoor air quality and resulting from a failure by Owner to maintain the building in a manner to avoid growth of mold. Customer agrees to indemnify and hold harmless GSM from claims brought by tenants and third parties arising from mold growth.
  17. Wind Loads or Uplift Pressures. Design Professional is responsible to design the work to be in compliance with applicable codes and regulations and to specify or show the work that is to be performed. GSM is not responsible for design, including calculation or verification of wind-load design. To the extent minimum wind loads or uplift pressures are required; GSM’s proposal is based solely on manufacturer’s printed test results. GSM itself makes no representation regarding wind uplift capacity and assumes no liability for wind uplift.
  18. Material Cost Escalation. Steel products, asphalt, polyisocyanurate and other roofing products are sometimes subject to unusual price volatility due to conditions that are beyond the control or anticipation of GSM. If there is a substantial increase in these or other roofing products between the date of this proposal and the time when the work is to be performed, the amount of the contract may be increased to reflect the additional cost to GSM Roofing, upon submittal of written documentation and advance notice.
  19. Material References. GSM is not responsible for the actual verification of technical specifications of product manufacturers; i.e., R-value or ASTM or UL compliance, but rather the materials used are represented as such by the material manufacturer.
  20. Tolerances. All labor and materials shall be furnished in accordance with normal industry standards and industry tolerances for uniformity, color, variation, thickness, size, weight, finish and texture. Specified quantities are intended to represent an average over the entire roof area.
  21. Backcharges. No backcharges or claims for payment of services rendered or materials and equipment furnished by Customer to GSM shall be valid unless previously authorized in writing by GSM and unless written notice is given to GSM within five (5) days of the event, act or omission which is the basis of the backcharge.
  22. Fumes and Emissions. Customer acknowledges that fumes and vapors from roofing products will be released as part of the roofing operations to be performed by GSM. Customer shall be responsible for interior air quality, including controlling mechanical equipment, HVAC units, intake vents, wall vents, windows, doors and other openings to prevent fumes and vapors from entering the building. Customer is aware that roofing products emit fumes, vapors and odors during the application process. Some people are more sensitive to these emissions than others. Customer shall hold GSM harmless from claims from third parties relating to fumes and odors that are emitted during the normal roofing process.
  23. Oil-canning. Metal roofing and especially lengthy flat-span sheet-metal panels often will exhibit waviness, commonly referred to as “oil-canning.” The degree of oil-canning and the appearance of the panels will vary depending on factor such as the length and color of the panels, alloy, gauge, galvanizing process, substrate condition, and exposure to sunlight. Oil-canning pertains to aesthetics and not the performance of the panels and is not controlled by the roofing contractor. The type of metal roofing panels specified can affect the degree of oil-canning. GSM is not responsible for oil-canning or aesthetics. Oil-canning shall not be grounds to withhold payment or reject panels of the type specified.
  24. Working Hours. This proposal is based upon the performance of all work during GSM’s regular work hours. Extra charges will be made for overtime and all premium time if required by Customer.
  25. Dispute Resolution. If a dispute shall arise between GSM and Customer with respect to any matters or questions arising out of or relating to this Agreement or the breach thereof, GSM and Customer will seek to mediate the dispute. If mediation is not successful, arbitration shall be administered by and conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless the parties mutually agree otherwise. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any Court having jurisdiction thereof. Any legal claim against GSM, including a claim alleging any breach of contract or negligence must be initiated no later than within two years after GSM completed the roof installation or within one (1) year after expiration of GSM’s roof warranty in the event of a breach of warranty claim. Collection matters may be processed through litigation or arbitration at the discretion of the GSM.
  26. Pennsylvania Home Improvement Contractor Registration Number: PA025224