Terms & Conditions

Effective Date: January 01, 2025

These Terms and Conditions ("Agreement") govern the provision of construction services by CMS Roofing and Restoration ("Company," "we," "our," or "us") for roofing, siding, barns, sheds, garages, gutters, windows, and doors ("Services"). By engaging with our Services, you ("Customer," "you," or "your") agree to be bound by these terms. If you do not agree with these terms, you may not use our services.

1. Scope of Services
The Company provides a variety of services, including but not limited to:
Roofing: Installation, repair, and replacement of roofing systems.
Siding: Installation, repair, and replacement of siding materials.
Barns, Sheds, and Garages: Design, construction, and repair of custom barns, sheds, and garages.
Gutters: Installation, repair, and replacement of gutters and downspouts.
Fencing: Installation, replacement, painting and repair of Fences.
Windows and Doors: Installation, replacement, and repair of windows and doors.

All services are provided based on the specifications agreed upon by both parties, either through written agreement or verbal instructions confirmed in writing.

2. Estimates and Work Authorization
Estimates: The Company will provide an estimate for services upon request. All estimates are based on the information provided by the Customer. Any changes in the scope of work or unforeseen circumstances may lead to an increase in the final cost.
Work Authorization: Once an estimate is accepted, a formal work authorization will be issued. The work authorization will detail the cost of materials, labor, and any additional charges. Work Authorization are valid for 14 days from the date of issuance.
Price Changes: Prices are subject to change due to unforeseen increases in material costs, labor rates, or other factors beyond our control.

3. Payment Terms
Deposit: A deposit of 50% of the total work authorization price is required to secure the work of any retail jobs, for insurance jobs no deposit is necessary but an Approved claim is required. The deposit must be paid before the start of any work.
Progress Payments: For larger projects, progress payments may be required as work is completed. The schedule for progress payments will be outlined in the work authorization.
Final Payment: The remaining balance must be paid upon completion of the project, prior to the release of any warranties or final project handover.
Payment Methods: Payments may be made by cash, check, or credit card. The Customer will be responsible for any additional transaction fees incurred through non-cash payment methods.
Late Payments: The Customer agrees to pay the full amount due upon completion of the work, as outlined in the contract. All invoices not paid in full within 15 days of the due date will incur a 2% interest charge per month on the outstanding balance, until the full amount is paid.

4. Project Timelines
Timeline Estimates: The Company will provide an estimated timeline for completion of the work. However, timelines are not guaranteed, and delays may occur due to weather conditions, material shortages, or other unforeseen circumstances.
Delays: The Company will notify the Customer promptly if there are any delays or issues that may affect the timeline. The Company is not liable for delays caused by circumstances beyond our control.

5. Customer Responsibilities Site Access: The Customer must provide access to the worksite, including all necessary permits and approvals for the work to be carried out.
Utilities: The Customer is responsible for providing necessary utilities (water, electricity, etc.) if required by the project.
Pre-Work Preparation: The Customer is responsible for ensuring the area surrounding the worksite is clear of personal property, vehicles, or any other obstructions that could hinder the Company’s ability to perform the work.
Permits and Approvals: CMS Roofing and Restoration will obtain all necessary permits, approvals, and inspections from local authorities on behalf of the customer. The cost of these permits will be borne by the customer. The customer will only be required to participate in the permitting process if local authorities do not grant approval for any reason.

6. Warranty and Guarantee Workmanship Warranty: We understand that any warranty for material used during the project is provided by the material manufacturer. Unless agreed upon otherwise, CMS Roofing and Restoration provides a 2-year Workmanship Warranty on portions of the project in which CMS Roofing and Restoration fully replaced any existing products. The warranty covers defects in workmanship but does not cover damage due to misuse, neglect, or natural wear and tear, fires, hurricanes, hail storms and gale force winds 65 mph and above or any other natural disasters. As of 2025, new projects are offered a 5-year Workmanship Warranty.
Material Warranty: Any material warranties are provided by the manufacturer and are subject to the terms and conditions set by the manufacturer.
Exclusions: The warranty does not cover damage caused by natural disasters, accidents, neglect, misuse, or unauthorized repairs or modifications by third parties.
Claim Process: To make a warranty claim, the Customer must notify the Company in writing within a reasonable time frame. The Company will assess the issue and determine if it is covered under the warranty.

7. Change Orders Change Requests: Any changes to the original scope of work must be requested in writing by the Customer. The Company will provide an updated work authorization for the change.
Approval of Change Orders: All change orders must be agreed upon in writing by both parties before any changes are made to the work or pricing.
Impact on Timeline: Change orders may impact the timeline of the project, and the Company will notify the Customer if adjustments are necessary.

8. Insurance and Liability Insurance Coverage: The Company is fully insured for liability, worker’s compensation, and property damage. A certificate of insurance will be provided upon request.
Customer Liability: The Customer is responsible for any damage caused by their actions or negligence during the course of the project.
Damage to Property: The Company will take reasonable precautions to protect the Customer's property during the course of the work. However, the Company is not liable for damage to property that is outside the scope of the work.

9. Indemnification
The Customer agrees to indemnify, defend, and hold harmless the Company, its employees, agents, and subcontractors from and against any claims, damages, losses, liabilities, or expenses arising out of the Customer’s actions or negligence in relation to the project.

10. Termination
By the Customer: The Customer may terminate the Agreement at any time before work begins by providing written notice. Any deposit made is non-refundable.
By the Company: The Company reserves the right to terminate the Agreement if the Customer fails to make payments, breaches the terms of the Agreement, or if the worksite is deemed unsafe.

11. Force Majeure
The Company will not be held liable for failure to perform any of its obligations if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, acts of government, or shortages of materials.

12. Dispute Resolution
Negotiation: The parties agree to attempt to resolve any disputes through good faith negotiation.
Mediation: If negotiation fails, the parties will proceed to mediation before resorting to legal action.
Governing Law: This Agreement will be governed by the laws of the state of Ohio,Indiana & Florida without regard to its conflict of laws principles. Any and all conflict resolution will be resolved in the municipality of CMS Head Office or Branch Office.

13. Miscellaneous Provisions
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in effect.
Assignment: The Customer may not assign or transfer this Agreement without the written consent of the Company.

14. Contact Information
For any inquiries, concerns, or claims, the Customer can contact the Company at:

CMS Roofing and Restoration
2567 Center Rd, Hinckley, OH 44233

Phone: (833) 392-7663
Email: office@cmsrestore.com

Hours of Operation:
Mon-Fri 9:00 AM - 5:00 PM
Sat 9:00 AM - 1:00 PM