Brookline Roofing & Gutters shall furnish the labor and material to perform the work described herein or in the referenced contract documents. Brookline does not provide design, engineering, consulting, or architectural services. The Owner's responsibility is to retain a licensed architect or engineer to determine proper design and code compliance, including a determination as to whether and what type of a vapor or air retarder is needed. If plans, specifications, or other design documents have been furnished to Brookline, the Customer warrants that they are sufficient and conform to all applicable laws and building codes. Brookline 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 Brookline's deviation from what is specified. Brookline is not responsible for condensation, moisture migration from the building interior, roof deck or other building components, location or size of roof drains, adequacy of drainage, ponding on the top, structural conditions, or the properties of the roof deck or substrate on which Brookline's roofing work is installed.
Unless stated otherwise in writing, the Customer shall pay a 25% down payment due upon execution of the contract. The balance of the contract price plus any additional charges for changed or extra work shall be due within 30 days of the invoice date. Suppose completion of the work extends beyond one month. In that case, the Customer shall make monthly progress payments to Brookline due within 30 days of the invoice date for the value of work performed during the preceding month, plus the value of materials suitably stored for the project. All payments made by credit card will be assessed a 2% Fee. All sums not paid when due shall earn interest at the rate of 1% per month. Brookline shall be entitled to recover from the Customer all costs of collection incurred by Brookline, including attorney's fees, resulting from the Customer's failure to make proper payment when due. Brookline's entitlement to income is not dependent upon Factory Mutual Global criteria, including wind uplift testing.
The failure of Customer to make proper payment to Brookline when due shall, in addition to all other rights, constitute a material breach of contract and shall entitle Brookline, at its discretion, to suspend all work and shipments, including furnishing warranty, until full payment is made. Brookline shall extend the period in which Brookline shall perform the job for a period equal to the period during which the work was suspended. The contract sum to be paid Brookline shall be increased by the amount of Brookline’s reasonable costs of shut-down, delay, and start-up.
Brookline shall carry worker’s compensation, automobile, and commercial general liability insurance. Brookline will furnish a Certificate of Insurance upon request. Customer shall purchase and maintain builder’s risk and property insurance, including labor and materials provided by Brookline, covering fire, extended coverage, malicious mischief, vandalism, and theft on the premises to protect against loss or damage to material partially completed work until the job is completed and accepted. Brookline shall not withhold money owed because of any damage or claim against Brookline covered by liability, property, or builder’s risk insurance.
Brookline will not be responsible for damage done to Brookline’s work by others, including damage to temporary tie-ins. Any repairing of the same by Brookline will be charged as an extra. Brookline should not be liable for liquidated or delay damages due to a delay in completing the Project unless Brookline caused the delay. Brookline 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, snow, 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, Brookline shall extend the time for performance under this proposal.
Brookline will warrant new roofing and re-roofing work following its standard warranty, making a part of this proposal and contract and incorporated by reference. A facsimile of Brookline's standard warranty is attached or, if not, will be furnished upon request. BROOKLINE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. The Customer's acceptance of this proposal signifies his agreement that this warranty shall be and is the exclusive remedy against Brookline. A manufacturer's warranty shall be furnished to the 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 according to this contract, the Customer shall have recourse only against the manufacturer of such material.