ADDITIONAL TERMS AND CONDITIONS

This contract including the terms and conditions below and any agreement executed in writing pursuant thereto (this
“Agreement”), between SOMOS Roofing and Construction LLC (the “COMPANY”) and the undersigned property owner or
property owner’s authorized agent (the “OWNER” or “CUSTOMER”) is subject to the laws of the state of Georgia. This
contract constitutes the entire agreement of the company and customer relating to the subject matter hereof and
supersedes all prior oral and written understanding and agreements relating to the such subject matter. This agreement and
the rights and obligations of the parties hereto shall, at all times, be governed by and construed, and enforced in accordance
with the laws of THE STATE OF ATLANTA, WITHOUT REGARDS TO THE PRINCIPLES OF CONFLICT OF LAW, ANY AMENDMENT,
CHANGE OR MODIFICATION OF THIS AGREEMENT SHALL BE VOID UNLESS IN WRITING AND SIGNED BY ALL PARTIES HERETO
AND ANY REPRESENTATION, STATEMENTS, OR OTHER COMMUNICATION NOT WRITTEN IN THIS AGREEMENT, OR MADE IN
WRITING PURSUANT THERETO, ARE AGREED TO BE INVALID AND DO NOT SURVIVE THE EXECUTION OF THIS AGREEMENT.
THIS AGREEMENT IS SUBJECT TO THE CREDIT AND PRICING APPROVAL OF THE MANAGEMENT OF THE COMPANY.
No failure or delay by Company in exercising any right, power, or privilege hereunder, and no course of dealing between or
among any of the parties, shall operate as a waiver of any such right, power, or privilege. No Waiver of any default on any
one occasion shall constitute a waiver of any subsequent or other default no single or partial exercise of any such right,
power, or privilege shall preclude the further or full exercise thereof this agreement shall be bounding upon and shall inure
to the benefit of the parties hereto and their respective heirs, successor, and assigns, the company shall not be liable to
customer for its failure to comply with the provision of this agreement arising from causes beyond its control, including
without limitation, fire, storm, flood, earthquake, explosion-accident, acts of public enemies, war, rebellion, insurrection,
sabotage, epidemic, quarantine restrictions, the act of Gods or act of any governmental authorities or agency thereof, or any
cause, circumstance or event not reasonably within the control of the company. This agreement may be assigned by the
company to any wholly owned subsidiary and to any successor of the company by merger, consolidation, or acquisition of a
substantial part of its assets. If any provision of this agreement should be held invalid or unenforceable, the validity and
enforceability of the remaining provisions shall not be affected thereby.
Any of the company's obligation pursuant to this agreement is subject to the company's prior approval of the customer's credit
and the prior approval of the insurer of the customer’s claim job completion shall be the date on which the company’s
services hereunder is substantially completed in its sole determination, or the date of the company’s is last item of work at
the subject properties location, whichever is earlier. Customer shall immediately remit any insurance proceeds, or any part
thereof, to company upon job completion, in the event customer fails to remit the insurance proceeds. Or any part thereof,
To company within three business days of job completion company may video and 48 hours of such non-payment issues are
stopped work order and, in such event company reserves the right to increase prices hereunder for any costs associated with
such stopping of work and any resuming of work thereafter. Should owner breach the terms of this agreement, Company
may place a lien on the subject property, and, in addition to any other relief, customer shall pay company all interest and
charges added from the date of substantial completion at the maximum rate allowed by law. If placed in the hands of any
attorney for collection or to enforce any its right hereunder, all costs and expenses incurred by company incurred attorney
fees will be paid by customer. Each of the party is hereto agrees that the state and federal court in Fulton County, Georgia,
have exclusive jurisdiction over all matters arising out of this agreement, agrees not to institute any action in any other form,
and waives any right or may have to assert the defense of forum non-convenience or to object to such venue. Customer
acknowledges and agrees company shall not be obligated to perform (nor shall any of the insurance proceeds be allocated to
words) any services not specifically set forth herein or otherwise previously agreed in writing by insurer and company,
including, without limitation carpentry repairs, repairs as may be required by local building codes or building officials, or any
cosmetic work to subject property.
If customer chooses not to pay for any part of the scope of services set forth herein (including an individual work item, or a
trade). Customer releases company of its obligations for the performance of such services.
Customer acknowledges and agrees that the company shall not be responsible for (i) any damage emitting below the roof of
subject property due to leaks caused (as determined by company) by excessive wind greater than 55 mph, ice or hail
occurring at any time during the rendering of services hereunder or any applicable warranty period, (ii) any damage resulting
from nail protrusions arising during the rendering of services hereunder; or (iii) any damage (as determined by company)
relating to slight scratching all denting of gutters, oil droplets in driveways, hairline fractures in concrete, flower, or minor
broken branches on plants and shrubbery.
This agreement can be cancelled any time prior to midnight Eastern standard Time on third business day after the date of this
agreement (the “Cancellation Deadline”). After the cancellation deadline, customer should not terminate this agreement
without the company’s written consent. The parties agree that it may be difficult or impossible to accurately determine the
amount of damages that company may incur if customer terminate this contract after the cancellation deadline.
ACCORDINGLY, IF THIS CONTRACT IS CANCELLED BY THE CUSTOMER AFTER THE CANCELLATION DEADLINE, CUSTOMER
AGREED TO PAY COMPANY (I) AND AMOUNT EQUAL TO 20% OF THE TOTAL CONTRACT PRICE AS SET FORTH IN THIS
AGREEMENT OR OF THE INSURANCE PROCEEDS GREATER THAN SUCH contract PRICE; OR(II) $2000, WHICHEVER IS GREATER
 (THE “LIQUIDATED DAMAGE FEES”). IN ADDITION TO THE LIQUIDATED DAMAGE FEES, CUSTOMER AGREES TO PAY ANY AND
ALL EXPENSES OR FEES INCURRED BY A COMPANY FOR THE RESTOCKING OF ANY MATERIALS ORDERED BY THE COMPANY
FOR THE SERVICES TO BE HEREUNDER.
Company reserves the right to obtain supplemental proceeds from the insurer for any increases in the scope of work to be
provided to customer and/or documented price increases, and, in such event, customer agrees to allow such supplemental
to be paid directly from the insurer to company customer further agrees to allow company to obtain supplemental proceeds
from the insurer for general contractors overhead and profit and, in such event customer agrees to allow such supplements
to be paid directly from the insurer to company. Any and all access material obtained by company for the services to be
provided hereunder shall remain the sole property of the company customer hereby agrees that customers exclusive remedy
and company’s entire liability, for any breach by company in anyway related to this agreement, including without limitation a
breach of exclusive limited warranty provided for herein, will be limited to the repair and/or re-installation and or re-
performance, as soon as practicable using reasonable efforts, of any product or services or portions thereof necessary to cure
the defect, In no event, shall company’s total aggregate liability to customer under any provision of this agreement exceed
the amount billed to customer by company, and under no circumstances whether company should be found liable in contract
.tort or otherwise, Will company be liable for any consequential, exemplary, incidental or punitive damages. Customer
acknowledges that company does not warrant or guarantee previous workmanship or pre-existing, Materials, nor any
materials or labor not originally provided by company. Customer further acknowledges that company’s shall not be
responsible for the latent defects in materials and accessories supplied hereunder. All materials used by company in the
performance of the services hereunder will be standard stock materials unless otherwise specified and will match(in
Company’s Sole Determination) existing material within reasonable tolerance as to colors, texture, and design
notwithstanding the foregoing, other products and materials may be substituted for equivalent products due to availability
as determined by company.
The Prices and terms of this agreement are based upon the rendering of services during normal working hours, customer shall
provide access to subject job site as required by company for its rendering of services hereunder. Customer will be solely
responsible for all costs and expenses associated with any interruption of company’s work hereunder that results from the
customer's failure to provide reasonable access to the subject property, or arising from the acts, omissions, or negligence of
others not associated with the company. Customer shall provide Company with access to single phase, 220-Volt, 50-AMPand
Electrical service shall be solely responsible for all costs relating to company’s use of such utility service.
Company shall not be responsible for the protection of any of the customer's property (personal or real), except as otherwise
explicitly set forth herein. Customer shall at its sole cost and expense remove, store, and or protect all of customer's personal
property during the company’s rendering of services hereunder any claim against the company alleging any breach of this
agreement must be initiated no later than one year (1 Year) after the earlier of (i) the date company ceases work on the
subject property (ii) the date the company’s building permit for services rendered hereunder is finalized order the revised
closed.
In the event company ceases providing services pursuant to the terms of this agreement, the customer agrees that company shall
not be responsible for damages for any area of the subject property resulting from such stoppage. Customer further agrees
that Company shall have no responsibility for damages of any kind to persons or property occurring after the company’s
completion of its services, provided however that unless such stoppage results from an act of God, or an uncured default of
customer which has matured into a breach, in which instances company will bear no liability under this agreement. Company
will use its best effort to ensure that its roofing materials are shedding water in a manner reasonable under the
circumstances giving rise to such stoppage.
Nothing contained in this agreement shall be construed to require company to determine the presence or absence of with any
hazardous materials or asbestos-containing materials at the subject property or to require company to remove or secure
such hazardous materials in the event that company learns all the presence or such hazardous material at the subject
worksite. Company reserves the right to immediately stop work and negotiate a change order with the insurer for such
additional work as may be required. Company makes no representations all warranties regarding customer insurance
Company reserves the right to immediately stop work and negotiate a change order with the insurer for such additional work
as may be required. Company makes no representations or warranties regarding customer insurance coverage, including
whether the insurer will pay for any of company’s services hereunder. In the event that any or the services to be provided by
company hereunder is not covered by (or otherwise approved by) the insurer and customer nevertheless directs company, in
writing, to perform services, Customer shall promptly pay company in full for performance of such work, including any
change orders or additional work-related thereto (the “Non-Insurance Work”) , upon customers receptive company’s invoice
for such work IN THE EVENT THAT CUSTOMER TERMINATE OR CANCEL ANY NON-INSURANCE WORK AFTER THE THIRD
BUSINESS DAY FROM THE DATE COMPANY RECEIVES CUSTOMERS INSTRUCTIONS TO RENDER SUCH SERVICES, CUSTOMER
SHALL PAY COMPANY 20% OF THE CONTRACT PRICE FOR SUCH WORK AS STATED ABOVE (OR IN ANY EXHIBIT OR
SUPPLEMENT HERETO) AS LIQUIDATED DAMAGES, CUSTOMER AGREES TO PAY COMPANY A SERVICE CHARGE OF 8% PER
 ANNUM ON ALL BALANCES 30 DAYS OR MORE PAST DUE FOR ALL SERVICES (NON-INSURANCE WORK OR OTHERWISE)
PROVIDED BY COMPANY HEREUNDER.
LIMITED WARRANTY
ALL WORK TO BE COMPLETED IN A WORKMANLIKE MANNER, ACCORDING TO STANDARD INDUSTRY PRACTICES, SPECIFIED WORK
AND QUOTED PRICES ARE SUBJECT TO CHANGE UPON DISCOVERY OF HIDDEN DEFECTS OR UNKNOWN DAMAGES COMPANY
PROVIDES A WARRANTY ON ALL WORKMANSHIP COVERED BY THIS AGREEMENT FOR A PERIOD OF FIVE YEARS FROM THIS
DATE OF COMPLETION UNLESS OTHERWISE STATED ON THE REVERSE SIDE HEREOF COMPANY MAKES NO WARRANTIES
WITH REGARDS TO ANY MATERIALS USED BY IT. WARRANTIES FOR MATERIALS USED BY COMPANY SHALL ONLY BE THAT AS
MAY BE PROVIDED BY THE MANUFACTURERS AND OR SUPPLIERS OF SUCH MATERIALS ALL COMPANY WARRANTIES
SPECIFICALLY SET FORTH HEREIN SHALL BE NULL AND VOID, IF COMPANY IS NOT PAID IN FULL ACCORDANCE WITH THIS
AGREEMENT THE WARRANTY FOR WORKMANSHIP STATED ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
MADE BY THE COMPANY. COMPANY DOES NOT MAKE ANY OTHER WARRANTIES EXPRESS OR IMPLIED THERE ARE EXPRESSLY
EXCLUDED ALL WARRANTIES AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL HAVE NO
LIABILITY WITH RESPECT TO ITS OBLIGATION UNDER THIS LIMITED WARRANTY OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PRE-LIEN NOTICE: I UNDERSTAND THAT SOMOS ROOFING AND CONTRACTING LLC IS REQUIRED BY LAW TO PROVIDE ME WITH
THIS NOTICE; (A) ANY PERSON OR COMPANY SUPPLYING LABOUR OR MATERIAL FOR THIS IMPROVEMENT TO YOUR
PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR CONTRIBUTIONS. (B)
UNDER STATE LAW, YOU HAVE THE RIGHT TO PAY THE PERSON WHO SUPPLIED LABOUR OR MATERIAL FOR THIS
IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE OR WITHHOLD THE AMOUNT DUE
THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENTS, UNLESS WE GIVE YOU A LIEN WAIVER
SIGNED BY PERSON WHO SUPPLIED ANY LABOUR OR MATERIAL FOR THE IMPROVEMENT AND WHO GIVE YOU TIME NOTICE.