Obligations, Payments, and Warranty
Obligations of GATEWAY GUTTERS, LLC
GATEWAY GUTTERS, LLC (hereafter referred to as GATEWAY GUTTERS) shall perform its work under this Agreement in a good and workmanlike manner. GATEWAY GUTTERS does not provide a guarantee of a specific completion date under the terms of this Agreement. However, GATEWAY GUTTERS will work diligently to complete all work and cleanup in a timely manner following execution of this Agreement by both parties.
Obligations of Customer
Customer must perform all acts necessary to meet the conditions to allow GATEWAY GUTTERS to complete the work as provided in this Agreement. Customer may authorize access to additional or adjacent properties for the use of GATEWAY GUTTERS while services are being performed.
Customer is REQUIRED to obtain permission from any adjacent property owner(s) for such use. Customer agrees to be responsible for all properties and associated access, and agrees to hold GATEWAY GUTTERS harmless from any risk in any way related to such use or access.
Customer is solely responsible for acquiring any necessary homeowner’s association approvals, necessary variances, and paying any related special homeowner’s association permits or fees associated with the work to be performed by GATEWAY GUTTERS under this Agreement. Customer represents that it has acquired such approval in advance of the start date. Approval of work by Customer or any inspecting government agency (if applicable), shall be deemed to be completion of that work in a good and workmanlike manner.
Representation of Customer
Unless otherwise specified in this Agreement, GATEWAY GUTTERS has entered into this Agreement based on the following assumptions and warranties of the Customer:
That customer will provide adequate access to Customer’s own property or through adjacent approved property for GATEWAY GUTTERS to do the work required under this Agreement, and at no cost and without liability to GATEWAY GUTTERS
That all areas to have gutters/rainwater collection components installed pursuant to this Agreement are in a state of good repair
If any of the assumptions of fact are not true, and any such items are damaged by GATEWAY GUTTERS during performance of the provided services, then Customer agrees that GATEWAY GUTTERS will have no liability to Customer for such damage, and that Customer shall pay the actual cost of labor, materials, equipment, cleanup, and permits required to restore the premises. The parties may, by mutual agreement and in writing, amend this Agreement to deal with any such event.
For any insurance coverage possessed by the Customer which is applicable to the work being performed by GATEWAY GUTTERS, Customer authorizes each insurance carrier providing that coverage to pay GATEWAY GUTTERS directly for the services that it performs under this Agreement. The Customer acknowledges, however, that it is responsible for all amounts to be paid to GATEWAY GUTTERS under this Agreement, and no lack of insurance coverage or failure or delay of any insurance carrier to make payment to Customer or GATEWAY GUTTERS will relieve Customer of that responsibility.
All payments not paid as required by this Agreement or which are withheld from GATEWAY GUTTERS or not received in a timely manner, shall allow GATEWAY GUTTERS to cease all work on the Property until full payment is received.
If the Customer fails to pay all amounts owed herein, Customer agrees to pay interest in the amount of 1.5% monthly (18% per annum) on all unpaid amounts.
If the completion of services provided are delayed by causes under the control of the Customer, including non-payment or failure to acquire HOA approval) for a period of more than fifteen (15) days, Customer agrees to pay the increased labor, material, and equipment costs resulting from Customer’s delay. Customer is further responsible for all damages resulting from any such delays.
Requiring Customer’s full compliance with all terms of the Agreement, and upon GATEWAY GUTTERS’ receipt of all payment due and required by this Agreement:
GATEWAY GUTTERS guarantees its work to be free from defects in workmanship for 12 months (1 year) from the date all service is completed under this agreement. This warranty only applies to labor and does not cover or extend to the gutters/rainwater collection components installed. The warranty on the gutter/rainwater collection components, if any, is solely at the discretion of the manufacturer. All installed gutters/rainwater collection equipment carry a warranty provided by the manufacturer which GATEWAY GUTTERS hereby assigns to Customer.
GATEWAY GUTTERS does not warrant any other work performed by others on the Property, and shall not be held liable for any such work or for loss or damages related to work performed by others.
Customer shall notify GATEWAY GUTTERS (in writing or by email to firstname.lastname@example.org), of any alleged issues or defects in a reasonable time, but no later than 15 days after discovery.
Damage, defects, or failure that is the result of neglect or mistreatment on the part of the Customer, or by weather events (including but not limited to tornadoes, hurricanes, flooding, and hail), will not be repaired or replaced by GATEWAY GUTTERS unless Customer agrees to pay GATEWAY GUTTERS for the associated expense of performing such service.
The sole and exclusive remedy for the Customer, whether through warranty, negligence, contract or liability, is for the defect to be repaired. GATEWAY GUTTERS shall in no event be liable for any consequential or special damages.
All warranties provided may be assigned or transferred by Customer in the event of an ownership change.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED REGARDING GUTTER AND/OR RAINWATER COLLECTION SERVICES OR OTHER SERVICES PROVIDED BY GATEWAY GUTTERS ON THE PROPERTY, AND GATEWAY GUTTERS HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN TO THE CONTRARY, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT GATEWAY GUTTERS’ MAXIMUM AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD-PARTY, WHETHER IN AGREEMENT, UNDER ANY WARRANTY, IN TORT, IN STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE TOTAL CONTRACT AMOUNT ACTUALLY PAID BY CUSTOMER TO GATEWAY GUTTERS FOR THE WORK PROVIDED UNDER THIS AGREEMENT.