GUTTERILLA | GUTTERSHUTTER CONTRACT
PROPOSAL/CONTRACT:
This proposal is subject to acceptance within 30 days (unless otherwise specified) and is void thereafter at the sole option of Gutterilla. This proposal, when accepted by all parties as a condition of doing business with Gutterilla, shall become a legally binding contract obligating you to purchase the described goods and service for the stated price in accordance with the terms and conditions set forth herein.
DEFINITION:
The term “Customer” shall mean “Purchaser”, The term “Company” shall mean the GutterShutter,Company. The term “GutterShutter” shall mean the gutter system installed.
INSURANCE:
The Company will carry general liability and other such insurance as may be necessary from the beginning to the completion of the installation.
PAYMENT:
Customer agrees that the entire contract price shall be paid immediately upon completion of the installation. Payments must be given to the installers at the time of completion. Accounts are delinquent when they are unpaid 5 days past the completion date, and a service charge of 1.5% per month (18% per yr) will be assessed on all delinquent amounts or balances.
SCHEDULING OF INSTALLATION:
The commencement of installation may be affected by several factors, including but not limited to; the current workload at the time the contract is signed, the completion of financing arrangements, and weather or other work to be completed prior to installation. Weather- related delays cause variations in our installation schedule. We make every effort to meet installation schedules. When it becomes necessary to reschedule a job because of delays in completing prior installations, we shall schedule work when practical, weather conditions permitting. Delays caused by inclement weather are at the discretion of the Contractor or the installation crew.
WARRANTIES:
The GutterShutter System has factory baked enamel paint finish that is covered by the GutterShutter Company’s 20-Year Finish Warranty. Some end caps, mitered corners and other accessories may require spray painting to match the color of the GutterShutter gutter. The GutterShutter system has a Lifetime, No-Clog Warranty and, in the event the gutters become clogged, the Company agrees to clean the gutters at no charge to the Customer. The No-Clog Warranty is only issued with the utilization of oversized 3”x4” downspouts. If downspouts smaller than 3”x4” are used, no warranty is given. The No-Clog Warranty will become valid once the contract is paid in full. Except as otherwise provided, only materials purchased and installed by the Company are warranted. The No-Clog Warrantyy on the GutterShutter gutter is transferable and “For a Lifetime!” The Unique and patented GUtterShutter design makes it a very effective debris shedding system. Therefore the system internally clans itself. However, no gutter system will keep 100% of debris out. It is possible for a small amount of debris to enter, which will wash out through the downspouts. It is important to understand that a small amount of debris in not a clog. The GutterShutter gutter system has a completely different appearance when compare to conventional gutters. The irregularities include, but are not limited to, irregular shingles edges, roof-decking problems, unleveled roof rafters, exposed flashing, etc…In addition, because the gutter is sloped to allow water to flow towards the downspout, the end of the GutterShutter gutter (toward the downspout) may be inches lower than the highest point of the gutter. This will be more visible than with conventional gutters. Any or all downspouts added to jo, or elbows turned a different direction than original direction, either by customer or by representative’s suggestion, release the Company of any and all liability from damages to home or property. These warranties are valid only on a complete GutterShutter Leaf and Debris System. Algae and/or other natural or chemical buildup may occur on either the Hood or Trough of the GutterShutter System. Periodic cleaning of the exterior system is suggested (pressure washing recommended).
*The GutterShutter Company and/or any of its licensed subsidiaries are not responsible to clear the exterior of the GutterShutter System.
FASCIA BOARD:
While we pitch the GutterShutter system towards the downspout, in some cases the fascia board has settled or is not level. Occasionally, this will result in the appearance that the GutterShutter gutter is installed with an improper slope when in fact it is properly sloped to allow the water to flow to the downspout. This can be several inches or more below the roof shingle. Water may overshoot the area where the gutter is at its lowest point. Large Concentration of water in any given area may cause water to overshoot the GutterShutter gutter system. If fascia boards are not perpendicular to the plane of the ground, wedges may be utilized to allow for a proper installation. Wedges are typically installed every four feet and will create a gap between the GutterShutter gutter and the fascia board. There is an additional charge if wedges are required. With the consent of the Purchaser, any rotten lumber or unsuitable fascia, decking or framing materials which are disclosed as the work progresses, and which are not specifically mentioned in this proposal and contract, will be replaced or made suitable, and the charge for labor and materials will be in addition to the contract price. Rotten fascia board be charged at $10.00 (10 dollars) per foot. The Company does not paint. The GutterShutter System is guaranteed to never pull away from the fascia board. Except as expressly stated herein, there are no other warranties, express or implied by operation of law or otherwise, of the goods or services furnished under the Contract, including without limiting the generality of the foregoing, any liability for direct, indirect, incidental, special or consequential damages or any injury or damages to persons and property. The company shall have no liability to the Customer in connection for any product liability claim, and the Customer shall indemnify and hold the Company harmless to any personal injury claim relating to use of goods provided by the Company.
OTHER WORK/CONTRACT/PERMITS:
Any work this Contract that the Purchaser has committed to complete prior to the GutterShuteter installation must be finished before we will schedule the work. If we arrive at the job and cannot start or complete the installation because of this unfinished work, the Customer agrees to pay the Company a $100.00 (one hundred dollar) trip charge. The Customer is responsible for securing and paying the costs of all necessary building permits. If work not originally contracted is added at the time of installation, the Purchaser must agree to scope of this work in writing and agree to additional cos, as indicated.
ROOF CONDITION/REPLACEMENT:
The Company shall not be responsible for the pre-existing condition of the roof. The edge of roof shingles, other than trim or flashing, may be finished and revealed after installation of the GutterShutter gutter that previously was hidden by the profile of conventional gutters. Sometimes shingles are curled or appear to be raised when old gutters are removed. If after installation of the GutterShutter gutter system, roof shingle conditions prelude the GutterShutter Company from performing as intended, the Purchaser is responsible for appropriate repair/replacement of roof shingles. These situations can include brittle or broken shingles, missing shingles, excessive shingle layers, deformed or curved shingles, etc. Shingles are often deformed because they had previously rested on gutter spikes or gutter screens. This can cause water to overshoot the GutterShutter gutter in these areas. The deformed shingles will not flatten out. You should call the company if the roof is replaced after installation. Any act by any third party resulting in the changing alteration, modification, removal and/or re-installation of the GutterShutter system may void the warranty.
OVERSHOOTING:
Rainwater may overshoot the GutterShutter System in certain extreme rain conditions.
WINTER CONDITIONS:
Expect icicles and associated dripping when freeze/thaw conditions exist. This dripping will often lead to ice formation on walkways, sidewalks, porches and driveways. Expect slippery conditions below GutterShutter.
OBSTRUCTIONS:
If electrical, telephone or cable TV lines are located in the way of removal of existing downspouts or installation of the GutterShutter gutters, it is the Purchaser’s cost and responsibility to remove them and reattach them.
GENERAL CONDITION:
This written contract constitutes the complete integration of all statements and agreements to the Contract, and there are no representations, whether oral or written, inducements, guaranties, warranties or considerations other than those expressly incorporated herein, nor is this Contract dependent upon or subject to any conditions or approvals preceding or subsequent agreement relating hereto shall be binding upon the Customer or the Company unless in writing and signed by each party being bound. Any portion of this Contract found to be unenforceable by a court of competent jurisdiction or arbiter will not invalidate the remaining portions of this Contract. Delay in completion caused by strikes, weather, accidents and other causes beyond the control of the Company shall not operate as a forfeiture of the contact, or shall the Company be liable to the Purchaser for damages occasioned thereby, time not being of the essence of this Contract. All claims arising out of this Contract by either the Customer or the Company shall be commenced within one (1) year from the date of the cause of action. The parties agree that any and all claims or controversies arising out of this Contract, including without limitation, a claimed breach thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therof. The Company, if it prevails in any arbitration or court action to force arbitration, shall be titled to all reasonable attorneys’ fees, costs and other expenses incurred in such action and in any way subsequent efforts to collect the amount awarded. Nothing herein shall exclude any other rights or remedies to which the Company is entitled by law or equity. The Customer agrees to indemnify and hold the Company harmless, and the Customer assumes any legal liability to defend the Company, its agents, employees, officers and directors, from any claim or action by any third party arising out of the performance or work pursuant to this Contract, except those claims or actions arising out of incidents caused by employees or agents of the beneficiaries, personal representatives, successors and assigns of the parties their successors and assigns of the parties, their successors and assigns, and is for the benefit of any third party. All the terms and conditions of this Contract shall be binding upon, shall inure to the benefit of and shall be enforceable by the respective heirs, beneficiaries, personal representatives, successors and assigns of the parties of this Contract. This Agreement is for the benefit of the parties stated and not for the benefit of any third party. Any term of this Contract found to be ambiguous shall not be constructed against the Company.
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