Terms & Conditions
Last Updated: December 12, 2024
Welcome to Gama Construction Services. By accessing or using our website and services, you agree to be bound by these Terms and Conditions. Please read them carefully before engaging our services.
1. Acceptance of Terms
By accessing, browsing, or utilizing any services provided by Gama Construction Services (hereinafter "Company," "we," "our," or "us"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy. If you do not agree with any part of these terms, you must discontinue use of our services immediately.
2. Services Provided
Gama Construction Services provides residential and commercial roofing, gutter installation, gutter cleaning, siding, and related exterior construction services (collectively, "Services") in Snohomish County, King County, and surrounding areas in Washington State.
All Services are subject to availability, scheduling, and the terms outlined in individual service agreements or contracts. We reserve the right to refuse service to any party for any lawful reason.
3. Estimates and Quotes
All estimates and quotes provided by the Company are preliminary and subject to change based on site inspection, material costs, labor requirements, and unforeseen conditions discovered during the project. Final pricing will be determined upon completion of a comprehensive assessment and will be documented in a written contract.
Estimates are valid for 30 days from the date of issuance unless otherwise specified. The Company is not obligated to honor expired estimates.
4. Payment Terms
Payment terms will be specified in the service agreement or contract. Typical payment structures include:
- Deposit: A deposit may be required before work commences, typically ranging from 25% to 50% of the total project cost
- Progress Payments: For larger projects, progress payments may be required at specified milestones
- Final Payment: The remaining balance is due upon substantial completion of the work
Accepted payment methods include cash, check, credit card, and electronic bank transfer. Late payments may incur interest charges at the maximum rate permitted by Washington State law. The Company reserves the right to place a mechanic's lien on the property for unpaid balances.
5. Project Scope and Changes
The scope of work will be clearly defined in the service agreement. Any changes, additions, or modifications to the original scope must be requested in writing and will be subject to additional charges. Change orders must be approved and signed by both parties before implementation.
The Company is not responsible for delays or additional costs resulting from client-requested changes, unforeseen site conditions, weather delays, material shortages, or circumstances beyond our reasonable control.
6. Warranties and Guarantees
Workmanship Warranty: The Company warrants its workmanship for a period specified in the service agreement, typically ranging from one to five years, depending on the type of service provided.
Material Warranties: Materials are covered by manufacturer warranties. The Company will assist in processing warranty claims but is not responsible for manufacturer defects or failures.
Warranties are void if the work area is modified by others without the Company's written consent, if damage results from improper maintenance, abuse, natural disasters, or acts of God.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES PROVIDED, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
The Company's total liability for any claims arising from the Services shall not exceed the total amount paid by the client for the specific services giving rise to the claim.
8. Insurance and Licensing
Gama Construction Services maintains appropriate general liability insurance and workers' compensation insurance as required by Washington State law. The Company is licensed and bonded in accordance with state and local regulations. Proof of insurance and licensing information is available upon request.
9. Client Responsibilities
The client agrees to:
- Provide accurate information regarding the property and project requirements
- Ensure safe and reasonable access to the work area
- Obtain any necessary homeowner association approvals or permits not explicitly included in the service agreement
- Remove or protect personal property and belongings in or near the work area
- Inform the Company of any known hazards, including asbestos, lead paint, or structural issues
- Make timely payments according to the agreed schedule
10. Cancellation and Termination
Either party may terminate the service agreement with written notice. If the client cancels after work has commenced, the client will be responsible for payment of all work completed, materials ordered, and reasonable cancellation fees as specified in the contract.
The Company reserves the right to terminate services if the client breaches these Terms, fails to make timely payments, or creates an unsafe or hostile work environment.
11. Dispute Resolution and Arbitration
Any disputes arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties. If a resolution cannot be reached within 30 days, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Arbitration shall take place in Snohomish County or King County, Washington. The prevailing party shall be entitled to recover reasonable attorney's fees and costs. Both parties waive the right to a jury trial.
12. Permits and Compliance
Unless otherwise specified in the service agreement, the Company will obtain necessary building permits for the work. The client is responsible for any permit fees and for ensuring that the work complies with homeowner association rules, local ordinances, and any easements or restrictions on the property.
13. Safety and Site Conditions
The Company prioritizes safety and follows all applicable OSHA regulations and industry best practices. During active construction, the work area may be hazardous. The client, their family members, guests, and pets should maintain a safe distance from the work area unless expressly permitted by the Company.
The Company is not responsible for damage to landscaping, sprinkler systems, underground utilities not properly marked, or other site features not explicitly included in the scope of work.
14. Intellectual Property
All content on the Gama Construction Services website, including text, graphics, logos, images, and software, is the property of the Company or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. Unauthorized use or reproduction is prohibited.
15. Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
16. Indemnification
The client agrees to indemnify, defend, and hold harmless Gama Construction Services, its officers, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from (a) the client's breach of these Terms, (b) the client's violation of any law or rights of a third party, or (c) client-caused damage to property or injury to persons.
17. Force Majeure
The Company shall not be liable for delays or failures in performance resulting from acts beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, supply chain disruptions, government actions, or public health emergencies.
18. Entire Agreement and Severability
These Terms, together with any written service agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior oral or written agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
The Company reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our Services after changes constitutes acceptance of the modified Terms.
19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Snohomish County or King County, Washington.
20. Contact Information
If you have questions about these Terms and Conditions, please contact us:
Gama Construction Services
Phone: (206) 636-6784
Email: info@thegamaroofing.com
Serving Snohomish County, King County, and surrounding areas
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
