Land Enterprises Roofing

ROOF MAINTENANCE CONTRACT

THIS BINDING CONTRACT IS AGREED TO BY AND BETWEEN:


Contractor #80004579
Land Enterprises Roofing
2801 Coltrane Place, Suite 2
Edmond, OK 73034 and
Phone: (405) 359-3951
Fax: (405) 285-5194
Email: info@landroofingokc.com

AND

The individual who filled out the form on the Land Enterprises Roofing website.

I. Services to be Performed: Contractor and Owner agree that Contractor shall perform the Services described below:

1. 12 Point Roof Inspection.
A. Ventilation
B. Exterior
C. Gutters
D. Drip Edge
E. Underlayment
F. Valleys
G. Flashing
H. Skylights
I. Chimneys
J. Decking
K. Ridge
L. Shingles

2. Remove debris from roof and gutters.

3. Caulk roof penetrations as needed.

4. Advise Owner of any needed or recommended repairs exceeding the scope of this Contract.

II. Timing and Pricing.

1. Frequency of Services / Contract Price.

A. Once a year. Base Charge: $300.00 Extra Charges: n/a Total: $300.00
This Contract shall automatically renew on an annual basis unless Owner provides Contractor notification of its desire to cancel, which notice shall be in writing and delivered to Contractor at least 30 days prior to the first day of the month in which the Services are to be rendered. Contractor reserves the right to increase the base charge for the Services. Contractor will notify Owner of any such increase in the base charge for Services for the following year at least 60 days before the month in which the Services are to be rendered.

2. Approximate month(s) that Services are to be rendered: March, April, or May depending on how much foliage is still on the trees.

3. Extra charge(s) summary.

III. Payment Policy: Owner shall be responsible for the full amount of the Contract Price, and such amount is due and payable in cash, check or by credit card in advance at the beginning of each contract year.

IV. Terms: Owner understands that this Contract, together with the Terms and Conditions attached hereto and incorporated herein as Exhibit "A", form the entire agreement between the parties with respect to the services set forth herein (the "Contract"). For purposes of this Contract, in the event of any conflict between this Contract and the Terms and Conditions, this Contract shall control. Owner understands and agrees this Contract is separate and apart from any other contract, including but not limited to a roofing installation contract, previously entered into between Contractor and Owner.

EXHIBIT "A"
Terms and Conditions

Owner's Duties Prior To and During Services.*
• Remove all vehicles from garage.
• Cover items stored in Owner's attic.
• Keep driveway clear of all vehicles during the Service.
• Do not park near Contractor's trailers, equipment or materials.
• Take down valuable wall hangings inside and outside the building.
• Tighten ceiling/wall lamps inside and out.
• Cover all swimming pools to prevent debris from falling into water.

* Applicable to all reroofing contracts. Some or all foregoing duties may be waived in writing by Contractor, in its sole discretion, for Owner's receiving other services.

Yard Signs. Contractor may place promotional and other signs in and around the area where Services will be performed. Signs may
be removed upon completion of the Services unless otherwise requested.

Charges for Late Payment. Past due balances shall bear interest at the rate of one and a half percent (11⁄2%) per month (eighteen
percent (18%) per annum) until paid in full. When we receive a payment, we will deduct the interest charges for the late payment and any interest owing on the principal amount first before any part of the payment is applied to reducing the principal amount.

Security for Payment. Each Owner agrees that in order to secure the payment of the Contract, Contractor and/or its assignee(s) are entitled to a lien on the real property for which the Services are to be furnished by Contractor. All payments are due five (5) days following receipt of invoice by Owner, and a lien may be filed if payment has not been received by Contractor and/or its assignee(s) within ninety (90) days of the date of the invoice. Contractor and/or its assignee(s) shall be entitled to take any and all steps necessary to enforce the lien for any amount due and owing under the Contract.

Payments and Right to Stop Services. A failure to make payment by Owner when such payment is due is a material breach of the Contract. Contractor shall have the right to stop providing the Service if any payment is not made when due and will not be obligated to resume work until all payments due are received.

Cumulative Remedies. All rights and remedies granted herein shall be in addition to other rights and remedies to which the parties may be entitled at law or in equity.

DISCLAIMER OF WARRANTIES: CONTRACTOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDED BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, FOR ALL SERVICES AND MATERIALS THAT ARE NOT EXPRESSLY AGREED TO WITHIN THIS CONTRACT.

Workmanship Guarantee. Upon (1) substantial completion of the Services and (2) payment in full of all amounts owed to Contractor under the Contract, Contractor agrees to the following:

Contractor guarantees that any time within a period of five (5) years from substantial completion of Services, should a leak occur in the roof applied exclusively and directly resulting from faulty workmanship, Contractor will repair the work done without charge (this does not pertain to any built-up roof) provided Contractor is given written notice prior to the expiration of the warranty period, and no other repairs, services, or work has been done to the roof prior to such notice. This guaranty does not cover repairs necessitated by settling, defects or faulty construction of the building, and does not apply to products, or to any work other than the Services performed by Contractor.

Additionally, Contractor shall not be responsible under this guaranty for, and shall not be liable in any event for: (1) damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation, natural occurrences such as hail, ice dams and the like, or normal wear, tear and usage; (2) damages to the building or any part thereof, interior fixtures, household furnishings, decorations, machinery or equipment or any other contents, due to leakage, however caused.

For the avoidance of doubt, Contractor will perform all warranty work as required under this agreement. If Owner chooses to hire a different contractor other than Contractor to perform any warranty-related work, such work shall be at the Owner’s sole expense. In doing so, the Owner waives any further rights under Contractor’s workmanship warranty, which shall be deemed void from that point forward.

Delays. Contractor agrees to start and diligently perform the Services through to completion. Contractor, however, shall not be responsible for delays beyond its control, including but not limited to: failure of the issuance of all necessary building permits within a reasonable length of time; acts of neglect or omission of Owner or Owner's family members, employees or agents; acts of God; stormy, inclement or excessively cold weather; additional service or work ordered or requested by the Owner; holidays; material unavailability; or acts of persons outside of Contractor's control.

Weather and Other Damage. To the extent that weather may impact the Services provided under this Contract, Contractor will attempt to keep the project reasonably covered during the Services. However, Owner understands that unexpected weather conditions may arise that may cause damage to the Services or its contents. Contractor shall not be responsible for any damage outside of its reasonable control.

Excess Charges. It is the intention of the parties to conform strictly to applicable usury laws. Accordingly, notwithstanding any contrary provision in this Contract, the aggregate of all interest and any other fees that is charged or received under this Contract shall under no circumstances exceed the maximum amount of interest allowed by the law of the State of Oklahoma. If any excess interest or fee is charged or received, then in such event (1) the Owner shall not be obligated to pay the amount of such excessive interest or fees, and (2) any excess shall be deemed a mistake and cancelled automatically and, if paid, shall be credited towards Owner’s account or refunded to Owner (as applicable).

Entire Contract. The Contract, which includes this Exhibit "A" and Exhibit "B" attached hereto, as well as the Sope of Services attached to the Contract as Attachment "1" describes the entire agreement between the parties and supersedes any and all previous communications, understandings, and agreements, whether spoken or written.

Multiple Copies and Signatures. The parties agree that this Contract may be executed in counterparts, and each of the signed copies will be deemed an original, and that each shall together constitute one and the same Contract. All parties agree that facsimile, scanned, e-mailed or other electronic signatures will be deemed original, binding signatures.

Amendments. This Contract may not be amended without the prior written consent of both parties.

Assignments. Neither party shall assign this Contract or any interest hereunder without notice to and the prior written consent of the other party.

Validity. In the event any provision contained herein should be deemed inconsistent with or contrary to any applicable law, rule, statute order, or regulation, said provision shall be deemed to be modified to the extent required to comply with said law, rule or regulation and as so modified said provision in this Contract shall continue in full force and effect without affecting the enforceability of the remaining provisions, duties, and liabilities set forth herein.

No Implied Waiver. The failure or delay by one party to require performance of any provision of this Contract shall not affect that party's right to require performance of that, or any other, provision at any later time, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default.

Notices. All notices, claims, demands, and other communications of similar import to be given by any party to this Contract or to any other party hereto shall be in writing, and shall be given by personal delivery, electronic mail (but only if the intended recipient confirms in writing receipt of such electronic mail), receipted delivery service or by registered or certified mail, first-class postage prepaid, return receipt requested, and shall be delivered or addressed as follows at the addresses first written above. The addresses may be changed by giving written notice of such change to the other party. All other notices or communications shall be deemed given when actually received or refused at the intended address.

Independent Contractor. The relationship between the parties under this Contract is that of independent contractors. This Contract does not establish a partnership, joint venture, association or employment relationship between the parties. Each party shall remain responsible, and shall indemnify and hold harmless the other party, for the withholding and payment of all federal, state and local personal income, wage, earnings, occupation, social security, worker’ s compensation, unemployment, sickness and disability insurance taxes, payroll levies or employee benefit requirements and attributable to themselves and their respective employees.

Governing Law and Jurisdiction. This Contract shall be governed and construed according to the laws of the State of Oklahoma, without regard to principles of conflicts of law. All actions and proceedings arising from or relating to this Contract shall be heard only in the state and federal courts sitting in Oklahoma County, Oklahoma.

Contractor Suggestions for Owner. The Services may be noisy; Owner and Owner's pets may want to leave while the Services are being performed. Owner may also want to vacuum heat-and-air closet after Services have been completed.

OWNER'S RIGHTS TO CANCEL.

Owner may provide Contractor notification of its desire to cancel, which notice shall be in writing and delivered to Contractor at least 30 days prior to the first day of the month in which the Services are to be rendered.

Version 8/22/25