TERMS AND CONDITIONS

ARROWHEAD ROOFING COMPANY
(a division of Arrowhead Construction, Inc.)

This agreement is entered into on the date of signature herein by and between Arrowhead Roofing Company ("Contractor"), and the signing party whose name and address appears on the front side of this document ( "Customer"). Now therefore, in consideration of the sum(s) shown on the front side of this document, other good and valuable consideration, and the mutual covenants contained therein, the parties agree as follows:

Contractor’s Services. Contractor shall perform the services according to the specifications stated upon the front side of this contract. This contract is subject to approval by an officer of the Contractor and/or Credit Department. Commencement of work shall be construed as acceptance of contract.

Contract Term. This contract is legally binding on both parties subject to its terms and conditions for a term of one year from date of execution. Delays due to severe catastrophic events and material availability do not alter or change contract terms.

Entire Agreement/Modification. This written contract as executed contains the entire agreement between the Parties and supercedes any and all prior oral statements or agreements. This contract may be modified only by written instrument executed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. Specifically, decking repairs required and identified during the process of roofing may be billed without written modification as they are necessary and Contractor is at risk when roofing is removed from home. Additionally, any replacement of facia boards, roof jacks, ventilators, flashing and other materials, unless otherwise agreed herein, are not a part of this contract. If customer requests such work to be completed, a written modification to the agreement shall be necessary to specify the additional work and additional charges to the initial contract price. Repairs requested orally during the work by owner will be billed at current market rates and are enforceable.

Cancellation Fee/ Early Termination. Cancellation of this contract must be in written form and delivered to Contractor by certified mail only. Cancellation fee is equal to thirty-five percent (35%) of the total contract price plus any amounts paid for special ordered products which cannot be restocked by contractor or a 15% restocking fee on normal stocking products. Non- returnable special order products purchased will become property of Customer upon receipt of payments. Customer acknowledges this fee as liquidated damages for Contractor reimbursement of expenses and lost opportunity costs. Contracts will not be cancelled until cancellation fee is paid in full and received by Contractor.

Payment Terms. This contract is subject to the payment terms as detailed on page 1 of this contract. Each separate trade will be billed and paid as completed and requested. The laws of substantial completion shall apply. Accounts past due per the executed payment terms will be charged 1.5% interest per month on the unpaid balance (but not less than $35.00) until paid in full. Interest charges will be incurred when account is 30 days past completion date. In the event balance is not paid in full per contract terms within thirty (30) days of completion, for any reason, any and all discounts, coupons and warranties offered by Contractor are null and void. All warranties are considered invalid until all interest and fees are paid in full. Accounts must be paid in full within 60 days to reinstate any forfeited warranty. Customer agrees to pay Contractor any expenses incurred in the collection of monies owed, including a $250.00 lien filing fee, if lien is filed, reasonable attorney’s fees, court costs, and interest accrued. Customer agrees that this contract will have jurisdiction/venue in the city of Tulsa, Oklahoma. Owner understands that a lien will be automatically filed when
accounts are 60 days past due. Notice of intent to file lien will not be sent to Customer unless required by law.

Notice To Owner. Customer understands, agrees and is hereby notified that contractor, sub-contractors, suppliers or any person who performed labor or supplied materials for the construction, repair or improvement of Customers property will be entitled to a mechanical lien against said property if they are not paid in full for the amounts they are due and owed including, but not limited to, balance outstanding, collection fees, interest and any other expenses incurred that are reasonable and within the collection efforts. Owner may request from Contractor lien releases from any and all persons listed as working on the property and material suppliers. Customer understands a lien can be enforced by the sale of your property according to law.

Insurance Claims. In the event that customer is receiving funds from an insurance claim related to the services being performed, customer agrees thatthe insurance carrier and/or the mortgage holder are authorized to include Contractor as an additional payee on drafts and checks. Customer will provide complete copies of all claim documents, claim number and any other pertinent claim information, upon Contractor request, within 24 hours. Contractor is authorized to discuss claim with insurance carrier or directly request any required documents. Contractor reserves the right to supplemental bill insurance carrier for any and all additional fees due on work performed or required in regards to claim. Contractor reserves the right to bill insurance company for 10% overhead and 10% profit on all contract(s) where Contractor performs more than two trades. This supplemental billing is to be paid by the insurance company to Contractor on the total amount billed for services performed. Customer specifically authorizes any and all supplemental payments to be made to Arrowhead Roofing Company.

Reserved Rights and Market Price Adjustment. Contractor specifically reserves the right to bill owner or insurance company any and all additional materials and labor required to complete contract which are not specifically included herein. Owner understands that errors in measurements and pricing may occur and the quoted prices included herein are for the specific proposal quantities and measurements as noted in this contract. Contractor specifically reserves the right to increase contract price to current market prices in effect for material and/or labor at date of installation should cost of material and/or labor increase more than five percent (5%) from the date this estimate was written until the date this contract is completed.

Unused Materials Ownership. Any materials unused or left over after completion of all services hereunder are the property of the Contractor. No compensation, credit, discount or other reimbursement is due Customer. All material remains property of contractor until installation.

Representations and Disclaimers. Customer warrants and represents that they are authorized to enter into this contract and have full legal capacity and ownership to grant all rights granted herein, including the giving of a security interest in the subject property. Contractor specifically disclaims and is not responsible for any damages to driveways or concrete that may occur in the normal roofing process including delivery of materials. Contractor shall not be held responsible for damages of any kind unless notified by certified mail within three business days of such damage. Contractor is not responsible for any damages below the roof deck after 120 days of completion date. Contractor is responsible for roofing surface only subsequent to that time. Contractor shall be held harmless of any claims regarding mold or asbestos and/or any variation of mold or asbestos related damages thereof. Contractor is not responsible for interior contents of any kind. Contractor is not responsible for any electrical, heating/air conditioning or other mechanical lines located within three inches of the finished roof deck or roof deck mounted satellite dishes or their reception. Contractor represents that all agreements are contingent upon no labor controversies, strikes, fires, weather, inability to obtain material from normal and usual sources and suppliers, accidents or delays beyond our control. Contractor represents that all materials are guaranteed to be as specified, and the contracted work will be performed and completed in accordance with the drawings and specifications in a standard workmanlike manner.

CONTRACT ACCEPTANCE SUBJECT TO INSURANCE APPROVAL: Contractor and owner acknowledge this contract is subject to insurance company approval. This contract is VOID if roofing replacement or repair and/or other damages are not approved by the owner’s insurance company at an acceptable price to the insurance company and contractor. By signing this contract, owner authorizes contractor to pursue their best interest for approval of replacement or repairs as noted in this contract and other repairs as may be required. When the insurance company and Contractor agree upon a price and scope of work, that price and scope of work will be the final contracted price and work to be performed. Owner is only responsible for their deductible and any nonrecoverable depreciation per the claim. Contracts may not be cancelled once negotiation commences.