Texas Contract

Once signed by the Customer, this Agreement, composed of front and back pages, is effective between Manning Restoration (M.R.) and the Customer, and such parties will be subject to all of the terms in this Agreement as well as the laws of the State of Texas.

• This Agreement represents the entire agreement between Customer and M.R. Any representation or other communications no written on this Agreement are inunaterial and are not being relied upon by either party. Only a change order signed by both parties and dated will be

  deemed an amendment of this Agreement.

• Customer grants M.R. full access to the entire premises for staging and execution of work unless otherwise agreed. All pictures, wall

  hangings and other personal property must be secured. Failure to do so may result in damage thereof.

• Customer will carry fire and other property insurance, and M.R. will carry liability and insurance.

  
  

• Products and materials described in the Agreement may be substituted for equivalent products due to availability.

• M.R. guarantees materials and workmanship for 3 years, M.R. assigns to Customer all manufacturers' guarantees on materials installed.

• M.R. is not responsible for pre-existing construction conditions or deiciencies that manifest themselves during M.R. work, i.e. cracks in

  plaster, nail or screw pops in drywall, wood rot or substrate defects, etc.

• M.R. is not responsible for slight scratching or denting of gutters, oil droplets in driveways, hairline fractures in concrete or damage to

  plants or shrubbery. lf excess damage is incurred, M.R. will repair or replace only such damaged areas at its expense.

• Exterior materials applied by M.R will expand and contract with changing weather patterns. The effect may cause ripples or waves on the

  exterior components and is beyond M.R. control. M.R. cannot guarantee flatness and smoothness at all times due to this possibility, and thus the

  aforementioned is not covered by M.R. warranty. Your existing structure may be completely level. As a result, M.R. warranty does not cover

  the levelness or evenness between your foundation and the first course of siding.

• Your substrate (material beneath your siding) and walls may have pre-existing high point and low points. This may cause your siding system

  to look wavy and inconsistent and thus may not lay completely flat. This is not covered by M.R. warranty.

• M.R. cannot guarantee that butt joints and end laps will lay completely congruent or flat at all junctures (from one panel to the adjacent

  panel), Each manufacturer has a different lap and locking system. These potential variations are beyond M.R. control and are not covered by

  M.R. warranty.

• M.R. shall not be liable for failure of performance due to labor controversies, strikes, fires, weather, inability to obtain materials from

  usual sources, or any other circumstances beyond the control of M.R.whether of a similar or dissimilar nature.

• Any person or company suppling labor or materials for this work may file a lien against your property if that person or company is not

  paid for the contribution; however, M.R. agrees to pay its workers and suppliers for work properly completed and for which M.R. has been

  paid.

• Any damages caused by work performed on siding, windows or gutters by someone other than M.R. or its authorized representatives

  or agents void your warranty on all areas where M.R. work was performed.

• This warranty is non-transferable and excludes damages caused by adverse weather conditions such as ice dams, snow loads, strong

  winds

  (50+ mph), hail and damage caused by removal of ice/snow from your roof.

  
  

• M.R. will not attend to any warranty issues without receipt of final payment. M.R. warranty excludes remedy for damage or defect

  caused by abuse, modifications not performed by M.R., improper or insufficient maintenance, improper operation, normal wear and tear under

  normal usage, work or design defects not performed by or beyond control of M.R. or improper design or specifications set forth by persons

  other than M.R. Customer must inform M.R., in writing, within a reasonable period of time, of any failure regarding the Work. M.R.shall be

  given first opportunity of repair, within a reasonable time, any failures reported by Customer to M.R. M.R. shall promptly commence and

  thereafter pursue any warranty services required hereunder. If M.R. fails to timely perfonn such services, Customer may perfonn the

  necessary services and M.R. shall reimburse Customer for the reasonable cost thereof within 30 days after delivery of M.R. written

  reimbursement request. In any event, M.R. warranty hereunder shall be limited to the actual cost of repairs. THE FOREGOING

  CONSTITUTES THE OWNER'S EXCLUSIVE

  REMEDY. IN NO EVENT SHALL M.R. BE LIABLE FOR INCIDENTAL OR

  CONSEQUENTIAL DAMAGES. M.R. MAKES NO WARRANTIES EXCEPT AS EXPRESSLY SET FORTH HEREIN. THIS

  WARRANTY EXCLUDES ALL OTHER GUARANTEES, REPRESENTATIONS, OR WARRANTIES, INCLUDING WARRANTIES OF

  MERCHANTABILITY OR FITNESS FOR A PARTICULAR

  PURPOSE, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR

  OTHERWISE.

• Customer may rescind the Agreement and obtain a full refund of any deposit 72 hours after entering into this Agreement. If this

  Agreement

  is canceled by Customer after the 72 hour period but before M.R. begun work, Customer shall pay to M.R. 25% of the total

  Agreement amount as liquidated damages not as a penalty and M.R. agrees to accept such as reasonable and just compensation for said

  cancellation; and if material orders have to re-stocked because of cancellation by Customer there will be an additional re-stocking fee equal to

  25% of the total agreement amount. If Customer terminates the Agreement after M.R. commences physical mobilization or other work on

  the property, then Customer shall pay to M.R., in addition to liquidated damages and restocking fee, all of M.R. costs associated with the

  work performed by M.R. plus 20% of such costs.

• ShouId default be made in payment of this Agreement, charges shall be added from the date thereof at a rate or 1.5% per month ( 18%

  per annum) and if placed in the hands of an attorney for collection, all attorneys fees and legal costs shall be paid by Customer.

• Payment Schedule: Deductible due upon insurance provider approval. 50% of total agreement amount due upon completion date of

  delivery

  of materials, providing funds have been received from insurance/mortgage company. Any supplement approved by Customer's

  insurance provider for additional work or cost increase will become part of this Agreement. Any upgrades or additional work requested by

  Customer will be Customers's financial responsibility and will also become part of this Agreement.

• If Customer plans to use the proceeds of a property and casualty insurance policy to pay for the roof work, then customer

  may rescind this agreement within 72 hours after Customer receives written notice from the insurer that the claim for payment for roof work

  is denied in whole or part. Customer's right of rescission under this section does not apply when the insurer denies, in whole or in part, a

  claim related to a request for supplemental roofing services if the damage requiring the supplemental roofing services could not have been

  reasonably foreseen as a necessary and related roofing service at the time of the initial roofing inspection or the execution of the initial

  Agreement. Customer may give notice of rescission via e-mail, mail or personal delivery. Within IO days after rescission of this Agreement

  per this Section, M.R. shall return to Customer any payments or deposits made by or evidence of indebtedness of the Customer in connection

  with this Agreement: provided, however, (a) M.R. may retain all or part of any payments or deposits made by Customer to compensate M.R.

  for roof work actually performed in a workmanlike manner, and (b) M.R. may pursue co nun on law remedies for the reasonable value of

  roofing materials ordered and actually and properly installed on the property before Customer rescinds the Agreement.

• If Customer plans to use the proceeds of a property and casualty insurance policy to pay for the roof work, then M.R. cannot pay,

  waive, rebate, or promise to pay, waive, or rebate all or part of any insurance deductible applicable to the

  insurance claim for payment for roofing work.

If Customer signing for single owner, joint or common owners, then Customer represents it has authority on behalf of all owners to enter into this Agreement.

All agreements are subject to manager’s approval. Manning Restoration LLC will have no verbal agreements, no exceptions, and could decline this Agreement without notice. Manning Restoration LLC will hold in trust any payment from the Customer until Manning Restoration LLC has delivered roof materials at the address or has performed a majority of the roof work.