Allied Terms & Conditions

These Terms and Conditions are incorporated into any sales contract or agreement between Allied and Owner (as those terms are defined in that agreement) as a material part of any sale to Owner and set the complete scope of Allied's duties and liabilities, the parties acknowledge that except for these liability limitations the selling price would be higher.

It is Owner's responsibility to determine specifications for the work.  Allied will construct and install the agreed materials in accordance with Owner's specifications.  Any damage resulting from the services or products provided by Allied is the sole responsibility of Owner.

Allied shall have no liability or responsibility whatsoever for defects or latent conditions in Owner's property.  If a latent condition or a defect is discovered in Owner’s property, as a courtesy Allied may use reasonable efforts to advise Owner.  Owner is solely responsible for any costs or damages associated with or caused by defects to its property. 

Title and risk of loss or damage to the materials shall pass to Owner on delivery at Job Address.  Until full payment has been made, however, Allied will retain a security interest in and lien against the materials, regardless of whether they are attached to realty.  Owner shall execute any necessary documents to perfect Allied's security interest and/or lien in the materials. Allied is also hereby granted a Power of Attorney coupled with an interest by Owner to perfect such interest in the property on behalf of Owner.  The materials are specially fabricated goods and failure to pay may result in a mechanic’s and materialmen’s lien being filed against Owner’s property.

Owner may inspect the materials for completeness and/or shortages for five (5) calendar day after delivery.  Owner must make written objections to the materials specifically stating any alleged non-conformities.  Allied shall have a reasonable period of time to correct or to replace the materials.  If Owner fails to either object or to allow Allied to correct any objections, then Owner shall be deemed to have accepted the materials.  At any time Owner becomes aware of any alleged; problems, defects, errors or concerns he must notify Allied in writing within five (5) days of discovery or they are waived.

Quoted delivery dates are estimates only.  If there is a delay due to any cause, the date of delivery or time for completion shall be adjusted to reflect the delay.  Owner will cooperate with Allied in scheduling the work and allowing reasonable access to the property for the work.

Materials or accessories furnished by Allied are manufactured by others and carry whatever warranty, if any, those manufacture

Allied warrants the labor it provides hereunder will be free of defects in workmanship; a) for one year on gutters from the date of installation; b) as long as Owner owns the property on HardiePlank, doors and windows; and c) for the same period of time as the manufacturer’s warranty on the materials for roofing, d) 10 year on EWRS (Energy Wise Radiant Shield) e) 5 year on Room Additions and Conversions.   All claims are subject to a $75 service call fee.

Any warranty claims must be promptly made in writing to Allied’s corporate office, attention: Warranty Department.  Allied’s limited warranty hereunder will be voided if Owner fails to give prompt notice.

‘No clog warranty’ – Allied warrants that RainPro gutters outfitted with   MICROGUARD gutter covers (installed by Allied) will not clog as long as the owner owns the home.  Properly maintained gutters (as described above) that develop an internal clog equal to or greater than 50% water flow will be cleared at the expense of Allied.  Such service calls are subject to a nominal fee.

ALLIED MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT THAT OF GOOD TITLE TO THE MATERIALS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.  ALLIED SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES OR CLAIMS OF LOSS OF USE.

Owner has no right to retain, back-charge, or set off against any amounts payable to Allied.

Allied’s total liability under this agreement for the materials and services furnished hereunder, from whatever source whatsoever, whether based on contract, warranty, negligence, indemnity, strict liability, statute, or otherwise, shall not exceed the price paid by Owner.

No waiver by Allied of any breach of this agreement shall be a waiver of any succeeding breach.

This contract is non-cancelable by either party hereto except; (a) upon previously agreed terms reduced to writing or (b) upon occurrence of an event which by law allows cancellation by a party hereto; or (c) prior to commencement of the work, upon payment of 50% of the Selling Price.  Time is of the essence.

No failure of the materials or services provided by Allied will ever be the basis of any cause of action by Owner.  Any such potential causes of action are hereby waived by Owner as a material part of the consideration for this agreement.

Owner may not bring any claim against Allied without written notice and reasonable opportunity to cure.

Owner acknowledges receipt of all EPA information required to be distributed by law.  Owner agrees to cooperate with all procedures required by the EPA to create a lead-safe workspace and renovation.”

To qualify for the Therma-Tru warranty; doors must be painted or stained within 6 months.

This final Agreement contains all the agreements between the parties.  There are no oral agreements and these Terms and Conditions take precedence over any other terms and conditions.