Terms & Conditions

• If you pay by credit card there is a 3.2% charge for processing. If you pay by Echeck, there is no charge.
• Pricing includes clean up and haul away.
• Pricing includes a 1 year workmanship warranty on any installation defects or errors.
• Pricing includes any and all manufacturer’s warranties from the manufacturer directly.
• Pricing includes allowing us to put a yard sign in your front yard for 30 days after installation.
• We are not responsible for damages beyond our control, such as structural deficiencies or prior work done improperly surrounding our scope of work.
• We are not responsible for damage to exterior walls made of concrete, stucco, stone, or another form of material that is brittle.
• A monthly late fee of 5% will be added each month on all accounts past 10 days from the date of completion.
• Warranty will not be in effect until full payment has been received or arrangements have been made and accepted by us.
• If your project requires any electrical work it is up to the customer to find an electrician and hire them for the work needed.

1. Work Completed in Accordance with Specifications. All work to be performed in accordance with the Specifications set forth in Scope of Work attached hereto and incorporated herein by this reference (the “ Project ”). Contractor agrees to sell to the Customer and install the products set forth in the Specifications at the Customer’s address specified on the Cover Sheet (“ Job Location ”), unless the Specifications provide that the Job Location is at another address.
2. Purchase Price and Payment. Customer agrees to pay Contractor the total Purchase Price specified on the Cover Page. The Deposit amount set forth on the Cover Page shall be paid at time of signature of this Agreement. Sales taxes are included in the Purchase Price. Customer understands and agrees that this is a fixed priced contract not subject to price revisions unless agreed to in writing by the Parties. Checks returned unpaid by Customer’s bank shall result in an additional charge to Customer of Thirty Five Dollars ($35.00).
3. Cancellation Policy. Customer may cancel the transaction at any time prior to midnight of the fifth business day, or midnight of the seventh day if the Customer is at least 65 years old after the Contract Date of this Agreement: as set forth on the Cover Page by providing Contractor with written notice actually received by Contractor at Contractor’s address set forth on the Cover Page or emailed by such time. Customers may use the Notice of Cancellation set forth in Exhibit C to provide such written notice. If Customer provides such notice in a timely fashion, then Contractor shall return all deposits paid by Customer. After the said date, Customer shall not be entitled to the return of any deposit.
4. For Customers Using A Third Party Financing Agreement. Although this Agreement does not create a mortgage or lien against the Customer’s property, if the Customer is financing the Purchase Price, or any portion thereof, with a third party financing company (the “Financing Company”), the agreement with the Financing Company (the “Financing Agreement”) may create a mortgage or lien against the Customer’s property. The Customer should review the Financing Agreement carefully and is advised to consult with any attorney before entering into any Financing Agreements. If you are using a Financing Agreement to pay for the Purchase Price, then (a) all payment issues should be directed to the Financing Company and not Contractor; and (b) no warranty issues shall be addressed with the Financing Company.
5. Customer’s Representations. Customer represents and warrants that: (a) Customer owns the property where the services are being provided by Contractor; (b) to the extent not otherwise prohibited by law or otherwise indicated in this Agreement, Customer will pay all taxes and permitting fees required for Contractor to perform this Agreement; (c) Customer will provide Contractor with reasonable access to the premises, including access to electrical outlets as may be required by Contractor; (d) Customer shall be responsible for the preparation, moving, and reinstalling of all wiring, water lines, power lines, plumbing, and the moving of any other items as detailed on Work Order or as required by this Agreement; and (e) Customer authorizes Contractor to contact the Customer in the future to provide promotional information on new products and services and also authorizes Contractor to contact the Customer at the phone numbers and email addresses set forth on the Cover Page. Such contact authorizations may be revoked at any time by contacting the Contractor to opt out of any further communications.
6. Contractor’s Responsibility. Contractor accepts no responsibility for any damage resulting from structural or other defects in Customer’s property. Contractor is not responsible for remedying structural defects in Customer’s property. Customer acknowledges that Contractor’s products do not correct or cure structural problems. Contractor shall not be responsible for: (a) any reduction in value of Customer’s property, arising from Contractor’s delay in performing under this Agreement or due to Contractor’s breach of this Agreement; and (c) the identification, detection, abatement, encapsulation, or removal of mold, asbestos, lead-based products, or other hazardous substances inside or outside of Customer’s property.
7. Liens and Collections. Contractor maintains a lien on any materials connected with this Project, including materials installed at Customer’s location, until full and final payment has been made. Any payment not made in accordance with the Payment Schedule shall obligate Customer to pay Contractor late fees equal to ¹¹⁄2% percent per month or the highest amount allowed by law, whichever is higher in addition to reasonable attorneys’ fees and other collection costs.
8. Materials. The Contract Price includes the cost of the materials set forth in the Specifications unless the Specifications designate that the Customer is supplying the materials.
9. Changes in Scope. The intended scope of the Project is set forth in the Specifications. If Customer requests that additional work not specified in the Specifications be performed at the Job Location or if circumstances not addressed in the Specifications necessitate that additional work be performed (collectively, the “ Additional Work ”), Contractor may elect to complete such Additional Work for an additional price (“Additional Price”). Additional Price and Specifications for the Additional Work must be specified in a change request document signed by both Parties (“Change Order”) before Contractor shall commence Additional Work. Notwithstanding any provision to the contrary, Contractor shall be entitled to an equitable adjustment, in price and/or schedule, should the Customer direct a change or addition to the Specifications which results in increased costs or schedule changes to Contractor but where the Customer fails to sign a Change Order after receiving notice from Contractor.
10. Balance Due On Substantial Completion . Upon substantial completion of Contractor’s work under this Agreement, Customer shall pay all amounts due under this Agreement without any right of set-off or retention. Substantial completion is defined as the work being sufficiently complete in accordance with the Specifications so that Customer can utilize the work for its intended use. If after paying all amounts due under this Agreement, Customer alleges that Contractor’s work is defective in any respect, Contractor, without waiving any of its rights, shall cause an inspection of the work and perform any remedial work to which Customer is entitled to under this Agreement or Contractor’s warranty, at no cost to Customer.
11. 11. Delays Caused by Events of Force Majeure. If the Contractor is delayed at any time as a result of any event of acts of God, acts of government, Customer’s (or his agents’) acts or failures to act, changes to the sequence of the Project initiated by Customer, war, riots, fre, adverse weather conditions not reasonably anticipated, concealed, unknown or hazardous conditions, civil unrest, terrorism, fallen trees, limbs or other debris, animals or rodents, lightning, food, accidental breakage, earthquakes, hail, tornadoes, volcanic eruptions, pollution, acid rain, vandalism, power failures, problems with suppliers, accidents in transportation, delays by local government authorities in issuing or otherwise approving inspections, permitting, or other required authorizations or other causes beyond the reasonable control of the Contractor (each an “ Event of Force Majeure ”), then Contractor cannot be held responsible. Contractor and Customer have determined that a definite completion date is not of the essence to this Agreement.

12. Placement of Company Signage. Customer agrees to permit Contractor to install a temporary sign advertising Guardian Gutters LLC in a reasonable and prominent location at the Job Location from the Contract Date until thirty (30) days following the completion of the installation.
13. Warranties.
14. 13.1. Manufacturer’s Warranty on Materials: The materials set forth in the Specifications shall be warranted solely in accordance with the manufacturer’s warranty set forth in the attachments to Exhibit B (Warranty) (the “Manufacturer’s Warranty”). Contractor shall pass the Manufacturer’s Warranty through to Customer. Contractor shall assist Customer in handling any Manufacturer’s Warranty claims with the Manufacturer during the Labor Warranty Period at no additional cost to the Customer. All material warranty claims must be fled within the applicable warranty period.
15. 13.2. Exclusions From Warranty: Contractor shall not be liable for any labor warranty claim that is attributable to (a) misuse or abuse; (b) alterations to the Project not performed by the Contractor; (c) improper or insufficient maintenance; (d) use for a purpose for which the Project was not intended; (e) normal wear and tear; (f) damage caused by Customer or other third parties; or (g) Events of Force Majeure. All labor warranty claims must be made in writing to the Contractor prior to the end of the Labor Warranty Period. Any labor warranty claims shall be made promptly to Contractor and Contractor shall be given the opportunity to correct any defects. Any corrective action taken by Customer (or any third party authorized by the Customer) to correct an issue that might be subject to a labor warranty claim prior to providing written notice to Contractor shall void any warranty claim. If the Customer has specified proprietary material (whether in the Specifications or not), then Contractor shall have no liability for such materials under these warranty provisions if the Specifications make clear that the proprietary material is not included in the warranty.
16. 13.3.Warranty Corrections: The Labor Warranty Period for any labor corrected by Contractor under a labor warranty claim shall be the greater of (a) the end of the original warranty period; or (b) ninety (90) days from the date the warranty correction was completed by the Contractor.
17. 13.4. General Disclaimer: THE FOREGOING WARRANTIES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS OR DEFICIENCIES IN THE LABOR OR MATERIALS PROVIDED BY CONTRACTOR UNDER THIS AGREEMENT AND ARE IN LIEU OF, AND CONTRACTOR EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
18. Title and Risk of Loss. Risk of loss for all materials provided by Contractor under this Agreement shall shift to Customer upon delivery of the materials to the Job Location. Customer shall permit the temporary storage of materials at the Job Location and be responsible for securing said materials at the Job Location. Title to all materials provided by Contractor under this Agreement shall pass to Customer upon receipt by Contractor of the complete Contract Price (including any Additional Price), or in the case of breach, upon receipt by Contractor of the Early Termination Price.
19. Limitations of Liability. IN NO EVENT WILL CONTRACTOR BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE PROJECT CONTEMPLATED BY THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF USE OR EXTENDED FINANCING, WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR ITS LIKELIHOOD HAS BEEN DISCLOSED TO CONTRACTOR. Contractor assumes no liability for damage to deteriorated roof coverings or supports, sub-roofing, siding, exterior covering/ paint, or other non-visible installations unless said damage is directly attributable to the negligent actions of Contractor. Contractor’s maximum liability to Customer for direct damages shall not exceed the total amount paid or to be paid by Customer under this Agreement.
20. Condition of Job Location. Contractor shall use reasonable commercial efforts to maintain the Job Location in a clean and safe condition consistent with the nature of the construction to be performed. Unless otherwise set forth in the Specifications, upon completion, Contractor shall be responsible for removing all debris from the Job Location. Contractor shall return the Job Location to rough grade provided that the Contractor shall not be liable for landscaping, drainage, or damage to the grass, lawn, shrubbery, trees, walkways, driveways, or patios.
21. Termination.
22. 17.1. Customer’s Right to Terminate After Cancellation Period . After the Last Date to Cancel Contract specified on the Cover Page, Customer may only terminate this Agreement based on Contractor’s material breach of this Agreement by providing Contractor with thirty (30) days advance written notice of same. If Contractor fails to cure such material breach within the notice period by providing appropriate corrective action, then Customer may terminate this Agreement effective immediately, return all materials provided by Contractor, and receive a refund of all amounts actually paid unless other terms are mutually agreed upon.
23. 17.2. Contractor’s Right to Terminate for Certain Actions of Customer . Contractor may terminate this Agreement for non-payment, Customer’s failure to make the Job Location available to Contractor, or Customer’s delay in finalizing Specifications. In such event, Contractor shall provide Customer with thirty (30) days advance written notice of same and if Customer fails to cure such breach within the notice period then Contractor shall be entitled to be paid for (a) completed and acceptable work performed in accordance with the Specification (including Additional Work) prior to termination; (b) expenses (including materials purchased on behalf of Customer) incurred prior to termination in performing work plus fair and reasonable sums for overhead and profit; (c) any Additional Price; and (d) all reasonable expenses directly attributable to early termination (collectively, the “Early Termination Price”), provided that the Early Termination Price shall not be greater than the Contract Price plus any Additional Price. If Contractor terminates for non-payment, Contractor shall be entitled to collect reasonable attorneys’ fees.
24. 17.3.Contractor’s Other Right to Terminate. In the event that Contractor determines that this Agreement cannot be performed as intended by the Parties due, for example, to incorrect pricing, unforeseen structural defects, or pre-existing conditions in Customer’s property, Contractor may cancel this Agreement within 30 business days of its execution, notify Customer of such cancellation in writing, and return all monies paid by Customer.
25. Notice for Maryland Homeowners. The Maryland Home Improvement Commission (MHIC) requires that all contractors, including Contractor, to hold a current MHIC license, and anyone can ask MHIC about a contractor. The correct address for MHIC is 500 North Calvert Street, Baltimore, Maryland 21202. The MHIC telephone numbers are 410-230-6309 and 1-888-218-5925 and its website is http://www.dllr.maryland.gov/license/mhic/. The MHIC administers the Guaranty Fund (the “Maryland Guaranty Fund”), which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors; and a homeowner has the right to purchase a performance bond for additional protection against losses not covered by the Maryland Guaranty Fund.
26. Governing Law. The validity, performance, and all matters relating to the effect of this Agreement and any amendment hereto shall be governed by the laws of the State of Maryland.
27. Arbitration. Any dispute, controversy, or claim arising out of, relating to, or having any connection with the Agreement will be exclusively and finally be settled by binding arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “Arbitration Organization”) that are then in effect (“Arbitration Claim”). The Parties shall attempt to agree upon the selection of a single arbitrator who is unrelated to either Party and has demonstrable experience in the area of the dispute. In the event the Parties are unable to select a mutually acceptable arbitrator, the arbitrator shall be appointed by the Arbitration Organization. All arbitration proceedings shall be held in Annapolis, Maryland. The initial administrative fees and costs charged by the American Arbitration Association shall be paid in equal shares by the Parties. At the conclusion of the arbitration, the Prevailing Party shall be entitled to full reimbursement from the other Party of all legal fees, arbitration costs, and other related expenses (including expert witness fees) incurred by the Prevailing Party in arbitrating the dispute. The Arbitration Organization’s rules, forms and fee are available at https://www.adr.org/Rules. The arbitrator shall be bound by the express provisions of this Agreement in deciding any Arbitration Claim. The determination of the arbitrator shall be final, and except as provided by law, shall not be subject to appeal or judicial review. Any court of competent jurisdiction may enforce any award or determination rendered by the arbitrator. The arbitrator shall not have the authority to award damages for lost profits or consequential damages, or special, punitive, or other exemplary damages of any sort. If the Customer has fled a claim against the Maryland Guaranty Fund, the claim will be stayed until completion of the arbitration proceedings.
28. General Provisions. The Exhibits take precedence over any conflict between the Terms and Conditions and the Exhibits. A failure or delay of either Party to enforce any of the provisions of this Agreement shall in no way be construed to be a waiver of such provisions. In the event that any provision of this Agreement shall be held to be invalid, the remaining provisions of this Agreement shall be unimpaired and the invalid provisions shall be replaced by a mutually acceptable provision. No modification of this Agreement shall be binding unless signed by the Parties. The Parties agree that where the context of any provision indicates intent that it shall survive the termination of this Agreement, then it shall so survive. This Agreement (including the Exhibits attached hereto) constitute the entire understanding between the Parties concerning the subject matter hereof and supersede all prior discussions, agreements and representations, whether oral or written. The headings in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any of its provisions. All personal pronouns used in this Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders, the singular shall include the plural, and vice versa, as the context may require.

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