Terms and Conditions

Welcome to Lightning Fast Roofing Terms and Conditions!

TERMS AND CONDITIONS

1. ACCEPTANCE AND WITHDRAWAL: This proposal (“Agreement”) is automatically withdrawn on the 15th day following the date of issue if not accepted. If the Customer cancels this agreement prior to the start of work and not before midnight of the third business day after the Customer accepts the Agreement, Customer is liable for 35% of the total Agreement price as liquidated damages. The Customer and LFRS acknowledge and agree that the amount of damages that LFRS will suffer by reason of the Customer’s cancellation is not readily ascertainable, and the liquidated damages identified herein are not a penalty. LFRS reserves the right to withdraw this proposal at any time prior to its acceptance or to cancel this Agreement prior to commencing work if the cost to complete the work varies from the initial standard pricing due to a typographical or mathematical error.

2. DESCRIPTION OF WORK: Lightning Fast Roofing and Solar LLC (“LFRS” or “Contractor”) and/or its subcontractor(s) shall furnish material and labor as described above. Customer understands that LFRS may subcontract out various portions of the scope of work listed above. If anything in other contract documents is inconsistent with these Terms and Conditions, these Terms and Conditions shall govern. Customer warrants the accuracy and suitability of the contract documents. LFRS is not required to ascertain that the contract documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. Any alterations or deviations from the above description of work involving extra costs will become an extra charge over and above the total contract price. All agreements contingent on strikes, accidents, or delays beyond LFRS’s control. Payment is due immediately or per the payment schedule contained in this Agreement. If payment is late, interest will accrue at a rate of 1.5% per month (18% per annum), or the maximum rate allowed under Florida law (whichever is less), until the debt is paid. In the event this account is referred to an attorney for collection, Customer shall be responsible for all costs and attorney’s fees incurred related to collection matters, whether pre-litigation, during litigation or post litigation. AGREEMENTS MADE WITH EMPLOYEES OR SUBCONTRACTORS ON THE JOB ARE NOT RECOGNIZED. NO STATEMENT, ARRANGEMENT, OR UNDERSTANDING EXPRESSED OR IMPLIED NOT CONTAINED HEREIN WILL BE RECOGNIZED.

3. FINANCING: For financing information, please following the following link: https://www.enhancify.com/lightning-fast.

4. EXCLUSIONS: For all roof replacement quotes it is the responsibility of the Customer to arrange for all items not related to the roofing system to be removed prior to and reinstalled after LFRS begins work. Any items left attached to the roofing system will be considered old and unused and will be discarded or left on site for the Customer’s disposal. These items include, but are not limited to, satellite dishes, pool solar systems, hot water solar systems, security cameras, weather vanes, gutters, pest control devices, sprinkler systems, lighting rods, etc. The following items are not included in this contract unless otherwise specifically stated in writing: repairs to the roof deck, installation of wood or cant strips, furnishing or installation of sheet metal or roof drains, repairs or alteration to the building other than the roof, identification, abatement and/or removal of asbestos-containing or toxic material, or work preparatory or incidental to these items. No interior protection or clean up included. LFRS shall not be responsible for any damage incurred due to nails or screws penetrating the roof deck or for damage incurred to anything secured or attached to the roof deck, joists or any other roofing structure member which becomes loose, unsecured or falls as a result of the roofing operations of LFRS. LFRS shall not be responsible for any claims, damages or expenses arising from the presence or disturbance of asbestos-containing, or toxic materials, or arising out of or in any way related to biological growth, including, but not limited to, all types of mold, or any other type of contamination of the Customer’s property.

5. INSURANCE: Customer shall carry casualty insurance covering fire, flood, hurricane and other perils.

6. WORK CHANGES: All changes will be authorized by a written change order signed by Customer. Any adjustment in the contract sum resulting in a credit or a charge to the Customer shall be determined by mutual agreement of the parties before starting the work involved in the change. If the Customer and LFRS cannot agree on the adjustment in the contract sum, then Customer agrees that the charge for any change orders shall be the additional cost to LFRS plus thirty percent (30%) of said cost. The Total Price set forth in this Agreement does not include any extras such as carpentry repairs or any other repairs not specified in this Agreement; or the following repairs are not included in the Total Price unless specified in the scope of work: decking will be replaced at $125.00 a piece (LFRS offers 2 sheets for free), 2x4 framing $5.25 a bdft, $55.00 a sq. for each additional roof material layer removed, 1”x2” and 1”x4” $4.75 bdft., 1”x6” Fascia used $7.25 bdft, 1”x8” Fascia used $8.75 bdft. 1”x10” fascia used $11.00 bdft all lumber will be billed in 8’ increments, Metal L flashing with counter flashing $12.00 lnft.

**If Additional unforeseen layers of underlayment are revealed, removal and disposal will be additional $10 per square per layer.

**If Additional unforeseen layers of shingle are revealed, removal and disposal will be additional $37 per square per layer.

7. ACCESS: Customer shall provide access to the areas of work unrestricted to LFRS. Customer shall allow access to the areas of work for all vehicles used by the LFRS, workers, or local municipalities. Customer is responsible for adequate protection of the location and the LFRS is not responsible for any injury or loss attributable to the failure to protect the location.

8. STRUCTURAL SUITABILITY: LFRS does not, either itself or through its representatives, practice architecture or engineering and offers no opinion on, and expressly disclaims any responsibility for, structural integrity, compliance with building codes or design. Opinions of competent structural engineers should be obtained by the Customer as to the structural soundness of the roof deck and its ability to properly support normal roof construction equipment and operations and the completed roof system. LFRS accepts no liability for any failure of the roof deck, its ability to support the contemplated roof installation, or resultant damages.

9. CUSTOMER’S RESPONSIBILITY: The Customer is solely responsible for structural suitability of the building in light of specifications of the roofing system to be applied pursuant to this Agreement, including, but not limited to, load bearing capacity, dew point and vapor transmission calculations. Customer is aware that roofing products emit fumes, vapors and odors during the application process. Customer shall be responsible for interior air quality, including controlling mechanical equipment, HVAC units, intake vents, wall vents, windows, doors and other openings to prevent fumes and odors from entering the building and shall hold LFRS harmless from claims relating to fumes and odors emitted during the normal roofing process. Customer is responsible for moving all cars out of the driveway/parking area. Customer is responsible for all plants, pots or any lose items around the home.

10. PONDING WATER: LFRS is not responsible for the location of roof drains, adequacy of drainage or ponding on the roof. It is understood by Customer that Ponding Water is not indicative of a defective roof system. Positive Drainage is a design goal and is not always achievable. LFRS will not be held responsible for Ponding Water that results from a roof structure that is not designed to achieve Positive Drainage as defined by the National Roofing Contractors Association (NRCA). Ponding Water is defined as a roof surface that is incompletely drained. Positive Drainage is a drainage condition with additional roof slope provided to ensure drainage of a roof area with 48 hours after a rainfall.

11. COAs/HOAs: If Customer’s property is located in a deed-restricted community and/or a condominium or homeowner's association, Customer is solely responsible for obtaining any required approvals from the same. Any required approvals and the duty to ensure that materials, work or products provided by LFRS comply with any rules or regulations are the sole responsibility of the Customer. LFRS is not responsible for products or materials ordered by the Customer in which a condominium or community association disapproves of and the Customer will be responsible for payment of products ordered and/or any materials needed to bring originally ordered products up to the approval standards of the association.

12. WARRANTIES BY LFRS: EXCEPT AS OTHERWISE PROVIDED HEREIN, LFRS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANITES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LFRS SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE DESIGN OR MANUFACTURE OF ANY MATERIALS FURNISHED UNDER THIS CONTRACT INCLUDING BUT NOT LIMITED TO LOSS OF USE OF PROPERTY, LOST PROFITS, PERSONAL INJURY AND OTHER INCIDENTAL AND CONSEQUENTIAL DAMAGES. LFRS WARRANTS THE LABOR AND MATERIALS SUPPLIED BY LFRS AND USED IN PERFORMING THIS CONTRACT WILL BE FREE OF DEFECTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF SUBSTANTIAL COMPLETION. WORK BY OTHERS IS EXCLUDED. WALKS, DRIVEWAYS AND DECKING ARE NOT WARRANTED AGAINST CRACKING, CHECKING, RAISING, SETTLING, DAMAGE OR DISCOLORATION. LFRS IS NOT LIABLE OR RESPONSIBLE FOR DAMAGE TO ANY DRIVEWAYS, WALKWAYS, PERSONAL PROPERTY, LANDSCAPING, OR OTHER PROPERTY. CUSTOMER MAY NOT RELY ON ANY RENDERINGS, SAMPLES OR DISPLAYS. ANY WARRANTIES PROVIDED BY LFRS ARE SOLELY FOR CUSTOMER AND ARE NON-TRANSFERABLE. LFRS IS NOT LIABLE OR RESPONSIBLE FOR DAMAGE OR LOSS CAUSED IN WHOLE OR IN PART BY THE ACTS OR OMISSIONS OR OTHER PARTIES, TRADES OR CONTRACTORS; LIGHTNING, GALE FORCE WINDS (OVER 50 M.P.H.), HAILSTORMS, ICE, HURRICANES, TORNADOES, FLOODS, EARTHQUAKES OR OTHER ACTS OF GOD.

13. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED, YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO CUSTOMER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

Customer further acknowledges that the total amount of any lienable unpaid work will include all work performed under this Contract, as well as any and all additional work requested by any change order. Additionally, in the event LFRS must terminate this Agreement as a result of delinquent payment or non-payment by Customer, LFRS shall be entitled to compensation for lost profit and unabsorbed overhead for all work and materials, regardless of whether or not performed or installed, where applicable under Florida law.

14. INDEMNIFICATION: Subject only to the monetary limitations contained within this Paragraph, to the fullest extent permitted by law, Customer shall defend, indemnify and hold harmless LFRS and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission of the Customer, anyone directly or indirectly employed by the Customer, or anyone for whose acts the Customer may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, including LFRS’s negligence, if any, unless resulting from gross negligence or willful, wanton, or intentional misconduct of the indemnitee. The parties hereto specifically agree that the indemnity provided in this Paragraph is limited to the sum of $1,000,000.00, which the parties agree bears a reasonable commercial relationship to the liabilities assumed under this Contract.

15. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.

16. DAMAGE LIMITATION: By making final payment, Customer waives all claims except those claims previously made in writing and delivered to LFRS and those obligations otherwise provided by this Agreement. Customer agrees to waive the requirements of Florida Statute § 489.126. LFRS’s total aggregate liability to Customer, if any, is limited to the dollar amount of the Agreement for any and all injuries, damages, claims, expenses or claim expenses including attorneys’ fees arising out of or relating to this Agreement regardless of whether it is based in warranty, tort, contract, strict liability, negligence, errors, omissions, or from any other cause or causes.

17. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND: Payment, up to a limited amount, may be available from the Florida Homeowners' Construction Recovery Fund if you lose money on a project performed under contract, where the loss results from specified violations of Florida law by a licensed contractor. For information about the Recovery Fund and filing a claim, contact the Florida Construction Industry Licensing Board at the following telephone number and address: Construction Industry Licensing Board, 2601 Blairstone Road, Tallahassee, FL 32399-1039 Phone: 850-487-1395.

18. HOME SOLICITATION SALE; RIGHT TO CANCEL. YOU, THE CUSTOMER OR BUYER, MAY CANCEL THIS CONTRACT WITHOUT PENALTY AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. NOTICE OF CANCELLATION MUST BE PROVIDED IN WRITING.

19. HAZARDOUS MATERIALS/CONDITIONS: Nothing contained in this Contract shall be construed to require LFRS to determine the presence or absence of any hazardous or asbestos-containing contents or materials affecting the property or to require LFRS to remove or protect such contents or materials.

20. PRICE ESCALATION: The contract price has been calculated based on the current prices for materials. However, the parties agree and acknowledge that the market for materials is volatile, and sudden price increases could occur. LFRS agrees to use its best efforts to obtain the lowest possible prices from its material suppliers. However, if the cost of any material or materials that are purchased after the execution of this agreement for use in the project increases by more than 20%, the parties agree that LFRS shall be entitled to an increase in the contract price to cover the cost of the of the increase in the material or materials and the Customer agrees to pay that cost increase to LFRS. Any claim by LFRS for payment of a cost increase, as provided above, shall require written notice delivered by LFRS to Customer stating the increased cost, identifying the material or materials in question, and the source of supply, supported by invoices, purchase orders or estimates or similar documentation available to LFRS.

21. MISCELLANEOUS PROVISIONS:

A. The parties agree that this agreement shall be governed by the Laws of the State of Florida and that venue and jurisdiction for any action arising out of this agreement or performance hereunder, must be in the County where the project is located.

B. Jury Trial Waiver. In the event of litigation between the parties to this Agreement, the parties KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR PERTAINING TO THE AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PERSON OR PARTY RELATED TO THIS AGREEMENT; THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.

C. If any provision of this agreement shall be held invalid, its invalidity shall not affect any other provisions of this agreement that can be given effect without the invalid provision, and for this purpose the provisions of this agreement are hereby declared to be severable.

D. LFRS requires a deposit to order all materials and schedule the installation. Customer expressly waives the requirements of Fla. Stat. § 489.126. Any estimated dates of installation are provided as a courtesy only and cannot be relied upon as they are based on the manufacturer's suggested delivery timelines. Permits will be pulled after LFRS receives confirmation from Customer that he/she has received HOA/COA approvals. LFRS shall not be liable to Customer for any delay in commencement or progress of the work by changes ordered in the work, by any act or neglect to act by Customer, Architect, separate contractor, or any employees of the same, labor disputes, fire, hurricane, tropical storm, flood, unusual delays in deliveries, unavoidable casualties, adverse weather conditions, or any causes beyond LFRS’s control, including but not limited to any causes beyond LFRS’s control arising out of or related to COVID-19 and/or any governmental, regulatory actions, and/or orders arising out of or relating to such and/or any supply issues or material shortages.

22. DEFERRED PAYMENT/INSURANCE CLAIMS: Because insurance companies delay payment, deny covered claims, and pay too little even when they accept coverage, owners can be left unable to find a contractor or roofer to work with and unable to lock in prices and certainty about repairs. Sometimes owners are forced to sue their insurance companies, who will only pay claims after a settlement or verdict is reached. Even after a settlement, if property owners are unable to quickly make the necessary repairs, their insurance company may cancel their insurance policy and leave them uninsured. LFRS shall, in its sole and absolute discretion, withhold the collection of any outstanding bills until either LFRS has provided the Customer with seven (7) days advance written notice of its intention to begin collecting payment or upon the resolution of the insurance claim, whichever event happens first. In return, Customer agrees to and shall be responsible for reporting all potential claims to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies. This includes, but is not limited to, immediately notifying the insurance company of the loss, making the property accessible, providing documentation requested, or submitting to an Examination Under Oath. Further, Customer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable laws in order to collect thereon, including retaining a public adjuster and/or legal counsel and pursuing necessary litigation and enforcement of judgment, provided that Customer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.

23. Notwithstanding any other provision in this Agreement, LFRS reserves the right to file a construction lien. This agreement is not contingent on outcome of litigation, or upon the Customer receiving any payment from any insurer. Customer will owe the balance of the work or services provided regardless of the outcome of litigation or regardless of whether the Customer collects from any insurer.

24. INSURANCE PROCEEDS HELD IN TRUST: Customer understands and agrees that any and all payments of insurance proceeds or other such sums to Customer for or on account of the Services provided under this agreement shall be held in trust by Customer for the sole use and exclusive benefit of the LFRS until all sums due LFRS and any public adjusters or other lienors have been paid in full. Customer understands and agrees that Customer shall act as a fiduciary with respect to all such sums received by Customer and shall be liable to LFRS for any misuse or loss of such funds prior to LFRS’s receipt of all amounts due to LFRS. In the event a legal proceeding is commenced to enforce LFRS’s rights hereunder, LFRS shall be entitled to recover LFRS’s attorneys’ fees, costs and expenses incurred during, before or as a result of the legal proceeding. This agreement is not contingent on outcome of litigation, or upon the Customer receiving any payment from any insurer. Customer will owe the balance of the work or services provided regardless of the outcome of litigation or regardless of whether the Customer collects from any insurer.

25. DIRECTION TO PAY: If an insurance claim has been filed, Customer hereby authorizes and directs the insurance company and all agents/underwriters of the same to issue payment directly to LFRS such sums as may be due and owing for services performed by LFRS and to include LFRS and any potential lienors as a payee on the check. Failure to list LFRS on any check issued for the Claim or loss is a violation of this Agreement and may subject the Customer’s Insurance Company and/or Customer to litigation. Payment is due to LFRS upon issuance of a coverage determination and/or upon initial payment of the Claim by the Customer’s Insurance Company, and/or upon payment of any additional supplements and/or additional payments in accordance with this Agreement. Customer also agrees to cooperate with LFRS to obtain payment if any payment is not made directly to LFRS, endorse any and all checks, and notify LFRS within seven (7) days of receipt of payment. If payment from the Insurance Company is not made to LFRS, Customer agrees cooperate with LFRS in having the claim payment re-issued in accordance with this Direction of Payment, and/or issue a check to LFRS for said payment amount. Customer agrees that it shall be liable to LFRS for any portion of insurance proceeds withheld by Insurance Company and/or mortgage company and/or lienholder due to actions of the Customer. Customer understands to be responsible for complete payment to Contractor for all services rendered and materials supplied.

26. AUTHORIZATION TO RELEASE INFORMATION: Customer hereby authorizes his/her insurance company, adjusters, attorneys, mortgage company/lenders, and all agents/underwriters that are involved with Customer's claim to speak directly with LFRS regarding the claim, status of payments and the disbursement of funds related to the claim, loss and this project.

27. FLA. STAT. 489.147 NOTICE: If, and only if, this contract involves the replacement or repair of a roof and was entered into during a declaration of a state of emergency by the Governor the following clause applies:

You, the residential property owner, may cancel this contract without penalty or obligation until 10 days following the execution of the contract or until the official start date, whichever comes first, because this contract was entered into during a declaration of a state of emergency by the Governor. The official start date is the date on which the work that includes the installation of materials that will be included in the final work on the roof commences, a permit has been issued, or a temporary repair to the roof covering or roof system has been made.