ARS agrees to inspect and evaluate Owner’s roof on the above property (the “roof”) for damage requiring repair or replacement. ARS shall provide valuable scientific information and data to Owner, if necessary, supporting any finding of damage to the roof. In exchange for receiving the above services, the Owner agrees to: (A) file a claim with the insurance company, for any damage accessed by ARS: (B) retain ARS as the exclusive roofing contractor to repair or replace the roof as approved by the insurance company, and (C) to pay to ARS the insurance proceeds upon ARS completion of the approved work (the “price”) . If a claim for roof damage is accepted by the owner’s insurance company, then ARS agrees to perform the scope of work in exchange for the price, and Owner authorizes ARS to perform such work. Owner further authorizes ARS to discuss assessed damage to the roof, and how to properly repair such damage, with the insurance company and its agents.
(A) Owner represents and warrants that Owner is the titleholder to the property,

(B) Owner acknowledges that ARS is expressly permitted to use subcontractors of ARS’s choosing, in ARS’s sole discretion, to perform the work contemplated in this agreement.

The work performed by ARS will be in accordance with industry standards and practices. All manufacturers’ warranties and ARS’s 10 year warranty are strictly contingent upon payment in full by Owner to ARS under the terms of this agreement. No warranties for work performed by ARS shall be transferable by Owner without ARS’s written consent. Unless specifically stated in this agreement, ARS makes no warranty, representation, or guarantee, whether expressed or implied, including without limitations any warranties of merchantability of fitness for a particular purpose, and such are hereby expressly disclaimed. Owner further waives any and all claims for exemplary, punitive, special, incidental, indirect or consequential damages arising out of or relating to the agreement, and any condensation issues related to the roof. Owner must notify ARS of any alleged damage to property caused by ARS or its employees or contractors within 5 working days of occurrence. If Owner fails to timely notify ARS in writing of any alleged damage, Owner waives Owner’s rights to recover for such alleged damages from ARS.

ARS is not a Public Adjuster. ARS will not negotiate or affect the settlement of an insurance claim with the Owner’s insurance company on behalf of Owner nor will ARS act as a “Public Insurance Adjuster” as defined by Texas law. The parties agree that the services provided by ARS shall be limited to those set forth in this agreement.

This agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Texas, without regard to its choice of law principles. These parties hereto agree that the venue of any suit or any cause of action shall lie in Tarrant County, Texas.

Owner hereby acknowledges that ARS services herein, including providing contact, knowledge, and proprietary scientific information regarding damage t roofing systems is sufficient to bind Owner to this contract.

This agreement may be signed in counterparts, and may be signed by electronic signature, which shall be the legal equivalent to the manual signature. Each party agrees that an electronic signature constitutes an agreement to be bound by the terms and conditions of this agreement.

TEXAS LAW HB2102: TEXAS LAW REQUIRES A PERSON INSURED UNDER A PROPERTY INSURANCE POLICY TO PAY ANY DEDUCTIBLE APPLICABLE TO A CLAIM MADE UNDER THE POLICY. IT IS A VIOLATION OF TEXAS LAW FOR A PERSON OR BUSINESS PAID WHOLLY OR PARTLY FROM PROCEEDS OF A PROPERTY INSURANCE CLAIM TO KNOWINGLY ALLOW THE POLICYHOLDER TO FAIL TO PAY OR ASSIST THE POLICY HOLDER TO PAY THE APPLICABLE INSURANCE DEDUCTIBLE.

THIS AGREEMENT SHALL BE VOID IN THE EVENT THE INSURANCE COMPANY DOES NOT PAY FOR THE REPAIR OR THE REPLACEMENT OF THE ROOF

THE CONTRACTOR ON THE FACE HEREOF AND ANY AGREEMENT MADE PURSUANT THERETO BETWEEN ARS ACCURATE ROOFING SYSTEMS LLC (THE COMPANY) AND THE CUSTOMER(S) WILL BE SUBJECT TO ALL APPROPRIATE LAWS. REGULATIONS AND ORDINANCES, AND TO THE FOLLOWING SPECIAL TERMS AND CONDITIONS.

1. All contracts subject to approval of our Credit Department and Management.
2. Payment terms are 50% down and balance upon work completion, subject to change.
3. Should default be made in payment of this contract, charges shall be added from date thereof at a rate of one half percent per month (18% PER ANNUM) with a minimum charge of $200.00 per month, and if plates in hands of an attorney for collection, all attorney’s fees, and legal filing fees shall be paid by customer accepting said contract.
4. The company shall have no responsibility for damages from fire, windstorm, lightning, mold, or other hazard, as is normally contemplated to be covered by homeowners insurance, unless a specific written agreement has been made prior to commencement of work.
5. The quotation on the face hereof does not include expenses or charges for additional expenses, premiums or costs shall be added to the mount of the contract.
6. Replacement of deteriorated decking, roof jacks, ventilators, flashing, sheet rock or other building materials, unless otherwise stated in this contract, are not included and will be charged as an extra on a time and material basis.
7. This contract, if not signed, will expire 30 days from date unless extended in writing by the company. After 30 days, we reserve the right to revise our price in accordance with costs in effect at that time.
8. The company shall not be liable for failure or performance due to labor controversies, strikes, fires, weather, inability to obtain materials from usual sources, or any other circumstances beyond the control of the company whether of similar or dissimilar nature.
9. The company is not responsible for any interior damage or mold below the roof, due to leaks by excessive rain, wind, ice dams, hail, preexisting construction defects during the period of the warranty. The company will not be responsible for damage or mold below the roof due to workmanship or any other kind of leaks if not notified in writing within 24 hours of first occurrence of leak. If notified within 24 hours, the maximum amount the company will pay for interior damage below the roof decking is ($300.00) three hundred dollars.)
10. If roofing and sheet metal work is involved, it is understood and agreed to that our standard roof guarantee shall be acceptable and that all terms and provision therein shall prevail, unless otherwise specifically agreed to in writing prior to the commencement of the work. The warranty period shall be for one year unless otherwise stated in writing. If an extended warranty is stated, there still remains a limitation on interior damages for a period of one year.
11. If material has to be reordered or restocked because of a cancellation by the customer, there will be a restocking fee equal to fifteen percent (15%) of the contract price.
12. Contract and warranty shall not be assigned and is not transferable.
13. It is agreed that with the signature on this contract, a sum of $10.00 USD has changed hands from the customer to the company. If this contract is canceled by the customer later than three (3) days from execution, customer shall pay to the company twenty percent (20%) of the contract price in liquidated damages, not as a penalty, and the company agrees to accept such as a reasonable and just compensation for said cancellation. It is agreed that the company will begin work by means of insurance company contact or other means for the just consideration of this amount.
14. This contract cannot be canceled once insurance negotiations begin or work is commenced except by mutual written agreement of the parties.
15. This agreement constitutes the entire agreement between the parties. It may be changed only by written instrument signed by both parties.
16. If any provision of this agreement should be held invalid or unenforceable, the validity and enforceability of the remaining provisions of this agreement shall not be affected thereby.
17. Any representation, statements, or other communications not written in this contract are agreed to be immaterial and cannot be relied on by either party, and do not survive the execution of this contract.
18. For the written warranty to become valid the contract must be paid in full.
19. ARS Accurate Roofing Systems, LLC will have the right to supplement the insurance co. in the event material and labor increases over five percent (5%) from the date of the damage or if labor and material exceed the original scope of loss.
20. The company has the right to order excess materials. All excess materials belong to the company.
21. Supplement paid by the insurance company for additional labor and/or materials needed beyond the original scope of repairs shall be paid directly to ARS Accurate Roofing Systems, LLC
22. There conditions shall be considered a part of any contract entered into or authorized to proceed, the same as if they were included therein.
23. Full scope of insurance proceeds shall be defined as the full price for repairs allowed by the insurance company before any deduction for deductible or depreciation are subtracted.

During the re-roofing of your home, you will be living in a “construction area.” We realize this can be an inconvenience, so we have compiled the following list to assist you.