1. 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.
  2. It is the responsibility of the Owner to determine specifications for the work. Allied will construct and install the agreed materials in accordance with Owner specifications. Any damage resulting from the services or products provided by Allied is the sole responsibility of the Owner.
  3. 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 property.
  4. We will take extraordinary care when working with or near window treatments, but we are not liable for unavoidable damage to older or brittle materials. Likewise we are not responsible for the operation of a window which experiences limited motion due TO the existence of window treatments or blinds.
  5. Contractors who perform renovations, repairs and painting jobs in pre-1978 homes must, before beginning work, provide owners and/or tenants with the EPA’s lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools (PDF).
  6. 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 Materialman’s Lien being filed against Owner’s property. Owner agrees to pay to Allied any added costs, charges or fees incurred by Allied associated with filing and perfecting Allied’s security interest and lien rights.
  7. Owner may inspect the materials for completeness and/or shortages for five (5) calendar days 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 replace the materials. If Owner fails to either object or 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 shall be waived.
  8. 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. If owner delays commencement or completion of the project at any time, owner will pay Allied up to 100% of the selling price and any balance upon completion.
  9. Materials or accessories furnished by Allied are manufactured by others and carry whatever warranty, if any, those manufacturers provide.
  10. Allied warrants that 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; c) for the same period of time as the manufacturer’s warranty on the materials for roofing; d) ten years on EWRS (Energy Wise Radiant Shield); AND e) five years on room additions and conversions. Effective 5/1/17, all claims are subject to a $95 service call fee.
  11. Any warranty claims must be promptly made in writing to Allied’s corporate office, to the attention of the Warranty Department. Allied’s limited warranty hereunder will be voided if Owner fails to give prompt notice.
  12. ‘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.
  14. Owner has no right to retain, back-charge or set off against any amounts payable to Allied.
  15. 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.
  16. No waiver by Allied of any breach of this agreement shall be a waiver of any succeeding breach.
  17. Allied may cancel this agreement upon written notice to Owner. This contract is non-cancelable by Owner except; (a) upon 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 contract price; or (d) after commencement of the work, upon payment of (i) 50% of the contract price or (ii) a pro-rata portion of the contract price for materials provided, work performed and costs incurred, whichever is greater. Time is of the essence.
  18. 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.
  19. Owner may not bring any claim against Allied without written notice and reasonable opportunity to cure.
  20. 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.
  21. To qualify for the Therma-Tru warranty, doors must be painted or stained within 6 months.
  22. 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.
  23. This Agreement, and the rights and duties of the parties under it, are governed by the laws of the State of Texas. Exclusive venue for any and all disputes arising from or related to this Agreement shall be in Harris County, Texas.
  24. Owner expressly agrees that the forum for any litigation pursuant to this Agreement or any other dispute arising between Allied and Owner shall be in the County of Harris, Texas. This Agreement shall be governed by and construed in accordance with the laws of Texas.
  25. Payment in full is due upon substantial completion of the contracted work. “Substantial completion” means 90% or more of the contracted materials have been installed and the project and/or dwelling can be used as intended. If payment in full is not made upon substantial completion, Owner acknowledges that there will be no warranties in place for the work performed or the materials provided until Allied receives payment in full. Owner agrees to pay interest on all accrued and unpaid amounts at the lesser of 18% per year or the highest nonusurius interest rate allowed by law.
  26. Any change in method of payment after the contract is signed is considered a change order and is subject to a 3% fee.

IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home.