Last Updated: March 1, 2026

Payment Obligations:
Customer agrees to pay the Contract Price in full for the services selected in the Scope of Work as described in this Agreement. The Deposit in the amount stated above is required at the time of signing to secure scheduling, materials, and job commencement. No work will begin until the Deposit is received and cleared. The Deposit is fully refundable only if Customer cancels this Agreement by written notice within three (3) business days of signing. After that period, the Deposit becomes non-refundable. If special-order or non-returnable materials are ordered at any time after the cancellation window, Customer shall be responsible for the full cost of such materials, freight, restocking fees (if any), and any associated procurement costs.

Customer’s obligation to pay all amounts due is absolute, unconditional, and not subject to setoff, withholding, deduction, delay, recoupment, or counterclaim for any reason whatsoever. Minor punch-list items, cosmetic issues, or pending inspections do not excuse or delay payment. Customer agrees that processing fees (up to 3.5%) may apply to credit/debit card or electronic payments, consistent with Pennsylvania law.

Customer shall dispute any invoice in writing within five (5) business days of receipt, with specific details of the dispute, or the invoice shall be deemed accepted.

The final payment is due within ten (10) business days of Contractor’s written notice (email acceptable) of substantial completion. “Substantial completion” means the work is completed except minor punch-list items. If Contractor is unable to complete punch-list items due to Customer scheduling issues or lack of access, such items will be deemed completed after seven (7) days. If Customer fails to pay any amount when due, Contractor may: (i) suspend work immediately; (ii) withhold further services and warranty performance; (iii) charge interest and/or late fees to the fullest extent permitted by applicable law; (iv) charge $100 for each payment returned for insufficient funds; and (iv) pursue all rights and remedies, including filing a mechanic’s lien against the Property and/or pursuing civil action to recover unpaid amounts.

All change orders must be approved in writing. Any change order over $500.00 requires a 50% deposit before work begins and must be paid in full upon completion of the additional work. In cases of suspected fraud, theft of services or materials, or willful avoidance of payment, Contractor may refer the matter to law enforcement.

Project Timeline:
Birdseye will make commercially reasonable efforts to complete the Scope of Work in a timely and professional manner. Any proposed project start and completion dates are estimates only and are not guaranteed. The timeline may be extended due to ordinary or reasonably foreseeable construction delays, including but not limited to: weather conditions typical for roofing work; material shortages or routine delivery delays; permit or inspection scheduling; change orders requested or approved by Customer; concealed conditions or unforeseen structural issues; access issues or Customer-caused delays; and normal labor or equipment availability fluctuations. Delays caused by force majeure events listed in Section 8 automatically extend the project timeline without liability to Contractor.

If Contractor arrives for scheduled work and no one is present to provide access or the Property is not ready (cars not moved, driveway blocked, attic inaccessible, debris not cleared, pets not contained, etc.), the following fees apply: $50.00 inconvenience fee for the first 15 minutes of waiting, $25.00 for each additional 15-minute increment. Contractor will wait a maximum of sixty (60) minutes, and if access is still not available after 60 minutes, Contractor may leave and the Customer shall pay a remobilization fee of $150.00–$350.00 depending on crew size and equipment.

Permit & Compliance:
Unless otherwise agreed upon in writing by the parties, Birdseye will obtain required building permits for the Scope of Work described in this Agreement. Permit fees may be included in the Contract Price or listed as separate line items. All services will be performed in accordance with applicable building codes, OSHA regulations, and generally accepted industry standards. If an inspector or applicable authority requires changes beyond the original Scope of Work, such changes will be processed via written Change Order and may result in additional cost and time.

Modification and Change Orders:
Any modifications, additions, or deletions to the Scope of Work must be in a written change order signed by the parties. Contractor shall have no obligation to begin or continue any additional or modified work until the change order is signed and any required deposits are paid. No verbal or informal communication shall modify the Scope of Work or Contract Price. Change orders may increase or decrease the total Contract Price and may extend or adjust the estimated project timeline. If Customer fails to respond within 24 hours to a required change order necessary for weatherproofing or safety, such silence shall be deemed approval.

Warranties:
Customer receives all applicable manufacturer’s warranty on applicable roofing, siding, and/or gutter materials as specified in this Agreement. Contractor does not modify manufacturer warranties nor guarantee manufacturer decisions. Birdseye provides a limited labor warranty for the period stated in this Agreement, beginning on the date of substantial completion. This labor warranty covers only defects in Contractor’s workmanship in the specific areas installed by Contractor. All warranties are contingent upon: (i) full and timely payment of all amounts due under this Agreement; (ii) Customer’s proper maintenance of the roof, siding, and/or gutter systems (including keeping gutters clear and maintaining adequate ventilation and drainage); (iii) no alterations or penetrations made by Customer or third parties; (iv) compliance with manufacturer maintenance requirements; (v) providing written notice of issues within five (5) business days of discovery; and (vi) allowing Contractor reasonable access to inspect before any repairs are made.

Warranty is void if any third party (including another contractor, handyman, or Customer) modifies, repairs, penetrates, or otherwise disturbs the roof, flashing, siding, gutter system, or related components after Contractor’s work is completed, without Contractor’s prior written approval, this includes, but is not limited to: installation of satellite dishes, antennas, decorations, or cameras; installation of solar panels or HVAC equipment; running cables, pipes, or lines through the roof or exterior, including electrical penetrations; repairs or patching performed by others; and Customer-performed work.

Warranties do not cover damage or issues arising from: (i) natural disasters or extreme weather (including wind, hail, ice storms, or falling branches); (ii) ice dams, clogged gutters, or improper drainage; (iii) structural movement, foundation issues, or framing defects; (iv) animals, pests, vandalism, or impact damage; (v) pre-existing conditions or damage not caused by Contractor; (vi) items or areas not listed in the Scope of Work; or (vii) color variation, granule loss, or batch variation.

Warranty claims must be submitted in writing within the applicable warranty period with photos (if applicable). Contractor shall be given a reasonable opportunity to inspect and, if warranted, repair or replace the affected portion of the work before Customer hires any third party. Customer’s sole and exclusive remedy under Contractor’s labor warranty is repair or replacement of the affected work, subject to the limitation of liability and exclusions set forth in this Agreement.

Insurance, Liability & Indemnification
Birdseye maintains general liability and workers’ compensation insurance. Copies of insurance certificates are available upon request.

Contractor will perform reasonable clean-up of accessible areas at the end of the project. Customer acknowledges that isolated nails or debris may remain and agrees to exercise reasonable care. Contractor is not liable for isolated nails or debris remaining after reasonable clean-up and substantial completion. Contractor is not responsible for any pre-existing, concealed, or unrelated defects or conditions affecting the Property, including but not limited to (a) rot, deteriorated sheathing, framing deficiencies, structural movement, prior improper installations, long-standing or recurring leaks, chimney or masonry defects, attic moisture, condensation, or ventilation problems, or (b) any other structural or latent condition not caused solely by Contractor. Contractor’s responsibility for interior damage is limited strictly to damage directly and solely caused by Contractor’s proven negligence during active performance of the work, and Contractor shall not be responsible for any interior staining, mold, moisture intrusion, or resulting damage caused by pre-existing, concealed, or unrelated conditions.

Contractor shall have no liability for damages, delays, conditions, or losses arising from or relating to (a) temporary and reasonably necessary exposure of the roof, sheathing, siding, or interior components during reroofing or construction; (b) Customer’s failure to maintain gutters, ventilation, drainage, or related components; (c) Customer’s failure to timely notify Contractor of issues; or (d) any inaccurate, incomplete, or incorrect information provided by Customer. Contractor is not responsible for damages or conditions caused by third parties, including but not limited to (i) solar installers, (ii) cable or satellite companies, (iii) electricians, plumbers, or HVAC contractors, (iv) handyman services, or (v) any Customer-performed work, and any such work shall void applicable warranties. Contractor is similarly not liable for hidden or improperly installed wiring, plumbing, vents, cables, utilities, or conduits not installed by Contractor; or any force majeure events as described in this Agreement. Contractor does not warrant zoning, engineering, structural suitability, or existing code compliance. Contractor does not test for or remediate mold, asbestos, lead-based paint, or hazardous materials. If discovered, work may be suspended until Customer performs remediation at Customer’s expense.

Contractor’s total aggregate liability to Customer for any and all claims, damages, losses, or expenses of any kind arising out of or relating to this Agreement or the work shall not exceed the lessor of: (a) the total amount actually paid by Customer to Contractor under this Agreement, or (b) the direct cost to repair the specific portion of work giving rise to the claim. Contractor shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation: loss of use, loss of profits, diminution in value, inconvenience, emotional distress, alternative housing, business interruption, pre-existing leaks or defects, or delay damages.

Customer agrees to defend, indemnify, and hold harmless Contractor, its owners, employees, and subcontractors from all claims, damages, losses, liabilities, fines, judgments, and expenses (including court costs and attorney’s fees permitted by law) arising out of or relating to: (a) Customer’s breach of this Agreement; (b) Customer’s failure to provide safe, clear, and accessible working conditions, including interference with the work or denial of access; (c) failure to remove or secure personal property, vehicles, pets, or other items from the work area; (d) hazardous materials or conditions existing at the Property; (e) acts or omissions of third parties employed or permitted by Customer to work on or near the project; (f) Customer’s alteration, misuse, neglect, or improper maintenance of the roof, siding, gutters, or related components; (g) HOA or third-party restrictions, violations, or required changes; (h) injuries to persons, including Customer’s guests, children, or pets entering or interfering with the work area; (i) materials, products, or equipment supplied, selected, or specified by Customer; (j) claims or disputes by neighboring property owners not caused by Contractor’s negligence; and (k) concealed or improperly installed utilities, wiring, piping, vents, or conduits not installed by Contractor. This indemnity does not apply to the extent damages are caused solely by Contractor’s direct negligence or willful misconduct. Nothing in this Section limits Contractor’s rights under Pennsylvania Mechanics’ Lien Law or any other remedies available under Pennsylvania law.

Customer Responsibilities:
Customer is responsible for providing safe, clear, and unobstructed access to the Property at all scheduled work times, including but not limited to (a) removing vehicles, equipment, furniture, decorations, and debris from work areas; (b) securing pets, children, and guests away from all work zones; and (c) ensuring all gutters, downspouts, attic areas, and access points are reasonably clear and accessible. Customer is solely responsible for protecting personal property, landscaping, exterior structures, and interior items that may be affected by vibration or construction activity. Customer shall promptly comply with any instructions reasonably necessary for safety, access, or protection of materials. Customer is also responsible for ensuring compliance with HOA or neighborhood requirements and for disclosing all known or suspected issues, including leaks, rot, HVAC or plumbing penetrations, and prior improper installations.

Force Majeure:
Contractor shall not be liable for any delay, suspension, or failure to perform any portion of the work due to events beyond Contractor’s reasonable control, including but not limited to (a) acts of God, severe weather, storms, or unforeseen roof conditions; (b) fire, flood, vandalism, theft, or natural disasters; (c) governmental actions, permit office delays, inspection scheduling, or changes in code requirements; (d) labor shortages, strikes, or equipment failure not caused by Contractor’s negligence; (e) supply chain disruptions, material shortages, or manufacturer delays; and (f) pandemics, epidemics, or public health emergencies. Contractor will resume work as soon as reasonably practicable once conditions permit. The contract timeline shall automatically extend for the duration of the force majeure event. If performance remains impossible for more than six (6) months, Contractor may terminate the Agreement without penalty, and Customer shall remain responsible for payment for all labor and materials furnished to date. Force majeure does not excuse Customer’s obligations to pay for completed work.

Right to Cancel, Access, and Right to Cure:
Customer has the right to cancel this Agreement within three (3) business days of signing, without penalty, by providing Contractor with a written notice of its decisions to cancel the Agreement. If Customer properly cancels within the three (3) day period, Contractor will refund the Deposit. After the cancellation period, Contractor may retain deposit amounts committed to special-order or non-returnable materials. If Customer cancels after materials have been ordered or work has commenced, Customer must pay for labor performed, materials installed, and non-returnable items.

Customer shall not file any complaint, negative report, or credit dispute related to payment unless Customer has first provided written notice and allowed Contractor the contractual right to cure.

Customer shall notify Contractor in writing of any claimed defect, deficiency, or concern within five (5) business days of discovering the issue and shall provide reasonable detail, photographs, and access for inspection. Contractor shall have a reasonable opportunity, not less than ten (10) business days, to inspect and, if warranted, cure any issue before Customer may withhold payment, hire a third party, file a claim, or initiate any formal action. Any work performed by a third party before Contractor is given the contractual right to cure shall void any applicable warranty and relieve Contractor of all liability for the condition. If a dispute arises that cannot be resolved through good-faith communications, the parties agree to engage in informal negotiation for at least ten (10) business days before initiating litigation. Nothing in this section prevents Contractor from pursuing mechanic’s lien rights, collection remedies, or injunctive relief. Venue for any legal action shall lie exclusively in the county of Contractor’s principal place of business in Pennsylvania.

Photograph and Documentation:
Contractor may take photos and videos before, during, and after project for documentation, marketing, warranty, and jobsite safety. Customer consents to this use.

Miscellaneous Provisions and Entire Agreement:
This Agreement is governed by the laws of the Commonwealth of Pennsylvania. Venue for any dispute shall lie exclusively in the county of Contractor’s principal place of business. If any provision is deemed invalid or unenforceable, the remainder shall remain in full force and effect. Customer may not assign this Agreement without Contractor’s prior written consent. Electronic signatures, email or text approvals, and digital communications shall be deemed valid and binding. Sections relating to payment obligations, warranties, indemnification, limitation of liability, right to cure, dispute resolution, governing law, venue, and all other provisions that by their nature should survive completion or termination shall survive. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous statements, representations, or agreements, whether oral or written. No modification or waiver is effective unless in a written document signed by Contractor.

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Contact Information
For questions regarding these Terms & Conditions, please contact us at:

Birds Eye Roofing
291 W Lincoln Ave
Myerstown, PA 17067
Phone: (610) 406-2258