Terms of Service
Effective Date: January 1, 2024
Last Updated: January 1, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and American Exteriors Roofing & Construction ("Company," "we," "us," or "our") concerning your access to and use of our website, services, and any related content or materials. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access our website or use our services.
2. Services Provided
American Exteriors Roofing & Construction provides residential roofing services, including but not limited to:
- Roof inspections and assessments
- Roof repairs and maintenance
- Roof replacement and installation
- Emergency roofing services
- Storm damage restoration
- Insurance claims assistance
- Gutter services
- Other related roofing services
All services are subject to availability, scheduling, and our acceptance of your service request. We reserve the right to refuse service to any person or entity for any reason at our sole discretion.
3. Estimates and Quotes
All estimates and quotes provided by American Exteriors Roofing & Construction are based on our initial inspection and assessment of the work required. Estimates are valid for thirty (30) days from the date of issue unless otherwise specified. Final costs may vary if additional work is discovered during the project or if the scope of work changes. We will notify you of any significant changes before proceeding with additional work.
4. Payment Terms
4.1 Payment Schedule
Payment terms will be outlined in your service agreement or contract. Payment may be required as follows:
- Deposit: A deposit may be required before work commences
- Progress payments: For larger projects, progress payments may be required
- Final payment: Final payment is due upon completion of work unless otherwise agreed
4.2 Payment Methods
We accept payment by cash, check, and credit card. Credit card payments may be subject to processing fees.
4.3 Late Payments
Any payment not received within thirty (30) days of the due date may be subject to a late fee of 1.5% per month (18% annual percentage rate) or the maximum rate permitted by law, whichever is less. We reserve the right to suspend work and/or pursue collection action for unpaid balances.
5. Project Timeline and Scheduling
We will make reasonable efforts to complete work within the estimated timeframe. However, project timelines may be affected by:
- Weather conditions
- Material availability
- Unforeseen structural issues
- Changes in scope of work
- Acts of God or circumstances beyond our control
We will notify you of any delays and work with you to reschedule as needed. We are not liable for any damages resulting from delays beyond our reasonable control.
6. Warranties
6.1 Workmanship Warranty
American Exteriors Roofing & Construction provides a workmanship warranty on all installations and repairs. The specific terms and duration of the warranty will be outlined in your service agreement. This warranty covers defects in our workmanship but does not cover damage resulting from:
- Normal wear and tear
- Acts of God, including storms, hurricanes, tornadoes, and hail
- Improper maintenance or repairs by others
- Structural movement or settling
- Abuse, misuse, or negligence
6.2 Manufacturer Warranties
Materials used in your roofing project may be covered by manufacturer warranties. We will provide information about applicable manufacturer warranties and assist with warranty registration where required. Manufacturer warranties are subject to the terms and conditions established by the manufacturer.
6.3 Warranty Claims
To make a warranty claim, you must notify us in writing within a reasonable time after discovering the issue. We will inspect the work and, if covered under warranty, repair or replace the defective work at no additional charge. This warranty is non-transferable unless otherwise specified.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FAMILY FIRST ROOFING & REPAIRS OF OKLAHOMA SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or use
- Damages exceeding the amount paid for the specific services in question
- Damages resulting from delays beyond our reasonable control
- Pre-existing conditions or hidden defects not discoverable during inspection
- Damage to landscaping, driveways, or other property unless caused by our negligence
In no event shall our total liability exceed the total amount paid by you for the services that gave rise to the claim.
8. Insurance and Permits
8.1 Insurance Coverage
American Exteriors Roofing & Construction maintains appropriate insurance coverage, including general liability and workers' compensation insurance. Proof of insurance is available upon request.
8.2 Permits
We will obtain necessary permits for roofing work where required by local ordinances. Permit fees, if applicable, will be included in your estimate or billed separately as specified in your agreement. You are responsible for ensuring access to the property and compliance with homeowners association requirements, if applicable.
9. Property Access and Safety
By engaging our services, you grant us and our authorized personnel access to your property for the purpose of performing the agreed-upon work. You agree to:
- Provide clear and safe access to the work area
- Remove or protect valuable items that may be affected by the work
- Keep children and pets away from the work area
- Notify us of any hazardous conditions on the property
- Ensure that utilities are properly marked if ground work is required
We will take reasonable precautions to protect your property during work, but are not responsible for damage to landscaping, driveways, or underground utilities unless caused by our negligence.
10. Cancellation and Refund Policy
10.1 Customer Cancellation
You may cancel services before work begins by providing written notice. Cancellation after work has commenced may result in charges for work completed and materials purchased. Any deposits paid may be non-refundable if materials have been ordered or work has been scheduled.
10.2 Company Cancellation
We reserve the right to cancel or refuse service for any reason, including but not limited to: unsafe working conditions, non-payment, or breach of these Terms.
11. Changes to Scope of Work
Any changes to the original scope of work must be agreed upon in writing by both parties. Additional work discovered during the project will be brought to your attention, and we will provide a quote for the additional work before proceeding. Emergency repairs necessary to prevent further damage may be performed immediately, with notification provided as soon as practicable.
12. Dispute Resolution
12.1 Informal Resolution
In the event of any dispute arising from these Terms or our services, the parties agree to first attempt to resolve the dispute through good faith negotiations.
12.2 Binding Arbitration
If informal resolution is unsuccessful, any dispute shall be resolved through binding arbitration in Tulsa County, Oklahoma, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding. Each party shall bear its own costs and expenses, including attorney fees, unless otherwise awarded by the arbitrator.
12.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. Indemnification
You agree to indemnify, defend, and hold harmless American Exteriors Roofing & Construction and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services.
14. Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of American Exteriors Roofing & Construction and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission.
15. Third-Party Links
Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of any third-party sites. Your use of third-party websites is at your own risk.
16. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
17. Compliance with Laws
Both parties agree to comply with all applicable federal, state, and local laws and regulations in connection with the services provided. This includes, but is not limited to, building codes, safety regulations, and environmental laws.
18. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or pandemics.
19. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
20. Entire Agreement
These Terms, together with any service agreement or contract you enter into with us, constitute the entire agreement between you and American Exteriors Roofing & Construction concerning our services and supersede all prior or contemporaneous communications and proposals.
21. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.
22. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Tulsa County, Oklahoma.
23. Contact Information
If you have any questions about these Terms of Service, please contact us:
American Exteriors Roofing & Construction
Phone: (918) 260-5322
Email: contact@amexroofs.com
Address: Tulsa, Oklahoma
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.