These Terms of Service set out the rules that apply when a visitor uses the Kwest Contracting LLC website or engages the company for roofing and exterior carpentry. The company works from its shingle yard at 2519 N Wildwood Ln, Heber City - 84032-6111, United States (US), and every project is governed by a written scope agreed with the customer before work begins.
Contents
- Agreement to These Terms
- Definitions
- Eligibility and Authority
- Scope of Work
- Estimates and Pricing
- Scheduling and Weather
- Site Access and Preparation
- Change Orders
- Payment Terms
- Materials and Substitutions
- Hidden Conditions
- Workmanship Standards
- Warranty and Corrective Work
- Customer Responsibilities
- Property Protection
- Safety and Hazardous Conditions
- Cancellation and Suspension
- Third Party Work
- Photographs and Project Records
- Use of This Website
- Limitation of Liability
- Indemnity
- Dispute Resolution
- Force Majeure
- Insurance and Licensing
- Confidentiality
- Governing Law
- Changes to These Terms
- Severability and Waiver
- Entire Agreement
- Contact Information
1. Agreement to These Terms
These Terms of Service govern the use of the website at kwestcontracting.lol and the arrangement of roofing, gutter, deck, siding, ice dam and inspection services with Kwest Contracting LLC. By using the website, sending an enquiry, requesting an estimate, accepting a written scope or permitting the crew to begin work, a customer agrees to these terms together with any written estimate and change order that applies to the specific job.
If the customer does not agree with any part of these terms, the customer should not use the website and should not authorise work. A customer who has already accepted a written scope may raise a concern about a particular clause in writing so that it can be discussed before the work begins. Nothing in these terms removes a right that cannot be removed by agreement under applicable law.
Kwest Contracting LLC operates from the shingle yard at 2519 N Wildwood Ln, Heber City - 84032-6111, United States (US). The business can be reached by email at estimates@kwestcontracting.lol and by telephone at +12726425479. These details should be used for any notice required under these terms.
2. Definitions
In these terms, the Company means Kwest Contracting LLC. The Customer means the person or organisation that requests or pays for work, whether that person owns the property or acts as a tenant, agent, property manager or family representative. The Property means the building, land and improvements at the address stated in the accepted scope.
The Scope means the written description of the work, including quantities, materials, exclusions and a stated price, as accepted by the Customer. A Change Order means a written amendment that adds, removes or alters part of the Scope. The Work means all labour, materials, equipment, delivery, protection and clean up that the Company provides under the Scope.
Business hours mean the hours published on the contact page, currently Monday to Thursday from seven in the morning to five in the afternoon, Friday to three in the afternoon, and Saturday by appointment. A working day means a day on which the shingle yard is open and the crew is scheduled to work.
3. Eligibility and Authority
A Customer must be at least eighteen years old and legally able to enter a contract. Where the Property is held in a trust, a company or a partnership, the person accepting the Scope confirms that they are authorised to bind the owner and to approve payment. The Company may ask for written confirmation of that authority where the value of the Work or the nature of the Property makes it prudent.
Where a tenant requests work, the tenant confirms that the owner has consented to the work and to the access required. The Company may ask to see that consent before scheduling. Where the owner and the tenant give conflicting instructions, the Company will pause and ask for a single written instruction from the party with authority to approve the Scope.
A person who submits information through the website confirms that the information is accurate and that they are entitled to share it. The Company may decline an enquiry where the request appears to be fraudulent, where the address cannot be verified, or where the work would require a licence or permit that the Company does not hold.
4. Scope of Work
The Company performs the Work described in the accepted Scope and nothing beyond it. The Scope states the areas to be worked, the materials to be used, the access arrangements, the estimated duration and the price. Items that are not listed are excluded, including work on other roof planes, interior repairs, painting, structural alterations and the removal of hazardous materials.
A description of a service on this website is general information. It does not create an obligation to perform that service at a particular property, and it does not fix a price. The Scope for a specific property is the only document that defines what the Company will do, and it prevails over any general description on the website where the two differ.
The Company may use employees, apprentices or vetted subcontractors to perform parts of the Work. The Company remains responsible for the quality of the Work and for the conduct of anyone it sends to the Property, and it will not assign the contract to another party without the written agreement of the Customer.
5. Estimates and Pricing
Estimates are prepared after a measured inspection and are stated in writing. An estimate is valid for thirty days unless another period is stated in the document, because material prices and crew availability change with the season. Acceptance must be in writing, normally by replying to the email that contains the estimate or by signing and returning the document.
Prices are based on the quantities measured at the time of the inspection and on the rates in force at that time. Where a Customer supplies their own materials, the price covers labour only and the Company will not warrant the performance of material it did not select or supply. Where the Customer asks for a premium grade of shingle, a particular flashing metal or a specific gutter profile, the price is adjusted accordingly and stated in the Scope.
An estimate is not a quotation that fixes a final sum where the Scope expressly allows for measured variation, for example where the quantity of a repair depends on how much deck is found to be sound after strip out. In that case the Company will notify the Customer as soon as the variation is known and will not proceed without written approval.
6. Scheduling and Weather
Start dates are given in good faith and are estimates rather than guarantees. Roofing depends on weather, and the Company will not open a roof that it cannot close before rain or snow arrives. Where a start date must move, the Company will contact the Customer as soon as the change is known and will offer the next available window.
The Customer is asked to be available at the start of the Work or to arrange for a representative to be present. A short delay caused by the absence of access is charged at the ordinary hourly rate where the crew has already travelled to the Property. Where a delay is caused by the Company, no charge is made and the schedule is adjusted at no cost to the Customer.
The Company reserves the right to work shortened days in extreme heat, high wind or heavy snow, and to stop work where a crew member would be placed at risk. Safety decisions are made by the lead carpenter and are not subject to negotiation on the day.
7. Site Access and Preparation
The Customer agrees to provide clear access to the Property, to the roof or the work area, and to any power or water supply that the Scope states will be needed. Vehicles, trailers and outdoor furniture should be moved away from the work area before the crew arrives, and fragile items should be removed from the path that materials will travel.
The Customer is responsible for informing the Company of any underground services, concealed cables, irrigation lines or septic components that could be disturbed by ladders, staging or a container. The Company takes reasonable care to avoid damage, but it cannot avoid a service that has not been disclosed.
Where the Property is in a neighbourhood with parking restrictions, an owners association rule or a gate code, the Customer will provide the details needed for the crew to park and enter. The Company will not park in a way that blocks a neighbour drive without permission, and it will keep the site tidy for the duration of the Work.
8. Change Orders
Any addition to the Scope is handled through a written Change Order that describes the extra work, the reason for it, the added cost and the effect on the schedule. No extra work is performed on a verbal request unless it is an emergency measure needed to protect the Property, in which case the Customer is informed as soon as it is practical and the Change Order follows immediately.
A Change Order may be requested by the Customer when a decision changes, for example when a colour of shingle is revised or a gutter run is extended. It may also be proposed by the Company when the strip out reveals rot, a failing deck or a flashing detail that cannot be repaired as originally described.
Work that is added and then cancelled after materials have been cut or ordered may attract a restocking or waste charge. That charge is stated in the Change Order before the Customer approves it, and it is limited to the actual cost incurred.
9. Payment Terms
Payment terms are stated in the Scope. The Company normally asks for a deposit to reserve a start date and to stage materials, with the balance due on completion. Where the Work is large, the Scope may set out stage payments tied to milestones such as strip out, dry in and completion. A deposit is applied to the final invoice and is not an additional fee.
Invoices are payable within the period stated on the invoice, normally fourteen days from the date of issue. Payment may be made by the methods listed on the invoice. The Company does not accept payment to an account that differs from the one stated on the invoice, and any request to change bank details should be verified by telephone to +12726425479 before a payment is made.
Late payment may attract interest at the rate permitted by applicable law, and the Company may suspend work or pause a warranty response where an undisputed invoice remains unpaid after a written reminder. The Company will not withhold a warranty repair as leverage in a dispute about a different matter, and it will not demand payment for work that has not been performed.
10. Materials and Substitutions
The Company supplies materials that meet or exceed the specification in the Scope. Where a specified product is unavailable, the Company will propose a substitute of equal or better quality and will not install the substitute without the written agreement of the Customer.
Natural cedar varies in colour, grain and texture. A new course installed beside older shingles will weather into the surrounding field over time, but it will not match exactly on the first day. The Company selects boards to blend as closely as the stock allows and will discuss any visible difference before work begins.
Materials remain the property of the Company until the Work has been paid for in full. Where the Customer supplies materials, the Company will inspect them for suitability and will advise if a product is not appropriate for the intended detail. The Company may decline to install material that it believes would create a safety risk or a foreseeable failure.
12. Workmanship Standards
The Company performs the Work in a competent and workmanlike manner, following the manufacturer instructions for the materials used and the applicable building code for the jurisdiction. Courses are laid to an even exposure, fasteners are set to the correct depth and spacing, and flashings are lapped in the direction that water travels.
The Customer is invited to inspect the Work at completion. Any item that the Customer believes falls short of the agreed standard should be noted at that walk or reported in writing within a reasonable time. The Company will inspect the item, explain what has been done, and correct genuine defects at no cost during the warranty period.
Where a Customer or a third party alters, repairs or penetrates the completed Work, the Company cannot accept responsibility for the altered area. This does not affect responsibility for a defect that existed before the alteration and that is unrelated to it.
13. Warranty and Corrective Work
The Company provides a workmanship warranty stated in the Scope, normally covering installation defects such as lifted fasteners, incorrect laps and failed sealing at details the Company installed. The warranty does not cover damage caused by storms, falling limbs, animals, vandalism, lack of ordinary maintenance or work by another party.
Manufacturer warranties on shingles, membrane, gutter systems and hardware are provided by the manufacturer and are subject to the terms of that manufacturer. The Company will assist a Customer in making a claim, will supply the product details from the project record, and will complete a warranty repair where the manufacturer confirms coverage.
A warranty claim should be reported to estimates@kwestcontracting.lol with photographs and a short description. The Company will arrange an inspection, normally within ten working days and sooner where water is entering the building. A warranty visit is free where the issue is a covered defect, and a service charge is quoted beforehand where the visit reveals a cause that is not covered.
14. Customer Responsibilities
The Customer agrees to give accurate information about the Property, its condition, its history and any previous repairs. The Customer agrees to disclose any known structural concern, any asbestos or other hazardous material, and any condition that could affect the safety of the crew. The Customer also agrees to keep children and pets away from the work area while the crew is on site.
The Customer is asked to keep a path clear for the delivery of materials and for the removal of debris. Where an indoor area such as an attic is to be inspected, the Customer agrees to provide safe access and adequate light. Where the Customer cannot be present, they agree to nominate a representative who can make decisions about access and minor matters during the day.
The Customer agrees not to direct a crew member to perform work outside the Scope, not to attempt to alter the Work while the crew is on site, and not to hire away a crew member for private work during the project. Any concern about conduct or quality should be raised with the lead carpenter or with the yard rather than with an individual crew member after hours.
15. Property Protection
The Company takes practical steps to protect landscaping, windows, siding, gutters, vehicles and outdoor furnishings. Furniture and planters in the work zone are moved or covered, and a magnet is run over the drive and the lawn at the end of the job to collect stray fasteners.
Despite reasonable care, a roofing project can cause minor marks to a wall, a screen or a shrub. Where damage occurs, the Company will report it promptly and will repair the damage or arrange a fair settlement. The Customer agrees to report any damage within seven days of completion so that it can be assessed while the records are fresh.
The Customer agrees to remove or protect items of particular value from the work area before the crew arrives. The Company is not responsible for the loss of jewellery, cash or small valuables that were not disclosed and secured. Where the Customer leaves a vehicle in the work area after being asked to move it, the Company is not responsible for overspray, dust or a fall of debris.
16. Safety and Hazardous Conditions
The lead carpenter may stop work at any time where a condition is unsafe. Examples include a roof that cannot support a crew, a ladder position that cannot be secured, an unguarded opening, live electrical equipment close to the work area, or a weather event that creates a fall or a lightning risk. The Company will explain the reason and will agree a way forward before the crew returns.
The Customer agrees not to be on the roof or under a work area during the job. The Customer also agrees to keep the crew informed of any person who needs assistance to evacuate the building, and of any condition inside the building that could affect an emergency exit.
Where the Property contains a hazardous material such as asbestos, lead paint or a mould that has not been remediated, the Company will stop and require professional remediation before continuing. The Company does not perform abatement work and will not install over a hazardous material that could create a risk for the crew or for the occupants.
17. Cancellation and Suspension
The Customer may cancel a scheduled project in writing. Where cancellation occurs more than ten working days before the start date, the deposit is refunded less any materials already ordered that cannot be returned and less any special order stock. Where cancellation occurs inside the ten day window, the Company may retain the cost of materials and labour already committed to the date.
The Company may suspend or cancel the Work where the Customer fails to provide access, where an invoice is overdue and undisputed, where a safety condition cannot be resolved, or where the conduct of a person at the Property is abusive or threatening toward a crew member. In that case a final invoice is issued for work completed and materials committed.
Where the Company suspends the Work for its own reasons, it will give as much notice as the circumstances allow, will protect the Property before leaving, and will agree a return date in writing. No penalty is charged to the Customer for a suspension caused by the Company.
18. Third Party Work
Where the Scope includes coordination with another trade, such as a plumber working on a roof vent, an electrician working on a vent fan, or a mason working on a chimney, each trade remains responsible for its own work. The Company will coordinate timing and will protect its own work, but it does not warrant the work of a separate contractor.
Where the Company is asked to work over or around another party work, it will inspect what is visible and will advise if the detail looks likely to fail. The Company is not responsible for a hidden failure in work performed by another party, and a repair to that work is quoted separately.
The Customer agrees to notify the Company of any other contractor who will be on the Property during the project so that the schedule and the safety plan can take that presence into account. The Company may pause work where another party creates a hazard in the work area.
19. Photographs and Project Records
The Company photographs the Property during inspection, during strip out and at completion. These photographs form part of the project record and are used to plan the work, to document hidden conditions, to support a warranty question and to keep the customer informed. Photographs are normally of the building rather than of the occupants.
Photographs are not published on the website or on a social media account without written permission from the Customer. A Customer may withdraw permission at any time, and the Company will remove the image from its channels within a reasonable period. Project records are retained as described in the privacy policy.
The Customer agrees that the Company may show a photograph of the completed Work to a prospective customer in a private conversation, provided that the address and any identifying detail are removed. Any broader use requires the specific permission described above.
20. Use of This Website
The website is provided for information and for arranging work. A visitor agrees not to attempt to gain unauthorised access to the site, not to interfere with its operation, not to copy the content for a commercial purpose without permission, and not to use the contact form to send spam, malware or a message that is unlawful or abusive.
The text on this website describes services in general terms and is not a substitute for a measured inspection. A visitor should not rely on a general statement about a material or a method as an assurance that it suits a particular building. The Scope prepared for a property is the authoritative description of the work for that property.
The Company may change, suspend or withdraw any part of the website at any time. It does not guarantee that the site will be available without interruption, and it is not responsible for a loss caused by a technical failure outside its control. Links to other websites are provided for convenience and do not imply endorsement.
21. Limitation of Liability
To the extent permitted by law, the Company is not liable for indirect, incidental, special or consequential loss, including loss of rent, loss of profit, loss of use or loss of data, that arises from the Work or from the use of this website. The Company is responsible for direct loss caused by its own negligence or by a breach of these terms.
Where liability cannot be excluded, the total liability of the Company in connection with a project is limited to the amount paid for the Work under the relevant Scope, except in a case of fraud, wilful misconduct, death or personal injury caused by negligence, or a liability that cannot be limited by law.
Nothing in this section is intended to limit a consumer right that applies automatically under the law of the Customer state or country. Where a consumer right gives a broader remedy than this section, the consumer right prevails, and the rest of the section continues to apply to the extent it is lawful.
22. Indemnity
The Customer agrees to indemnify the Company against a claim, loss or cost that arises from information the Customer supplied that was inaccurate or incomplete, from a condition on the Property that was not disclosed, from a breach by the Customer of these terms, or from the Customer authorising work that the Customer was not entitled to authorise.
The Company agrees to indemnify the Customer against a claim, loss or cost that arises from the negligence of the Company or its crew in performing the Work, from a breach of these terms by the Company, or from an infringement of a third party right caused by material the Company supplied.
An indemnity under this section applies only to the extent that the loss was caused by the party seeking the indemnity and only after the other party has been given notice of the claim and a reasonable opportunity to respond. The parties agree to cooperate in defending a claim that falls within this section.
23. Dispute Resolution
The parties agree to try to resolve a dispute through a direct conversation first. A written notice that describes the issue, the remedy sought and the relevant dates should be sent to estimates@kwestcontracting.lol. The Company will respond in writing within ten working days and will propose a meeting at the Property where that would help.
If direct discussion does not resolve the matter, the parties agree to attempt mediation with a mediator agreed by both parties before starting a legal claim, except where a party needs urgent relief to protect safety or property. The cost of mediation is shared equally unless the mediator decides otherwise.
Where a dispute proceeds to court, it will be brought in a court with jurisdiction over the place where the Property is located or where the Company is established, as required by applicable law. Each party keeps the right to bring a small claim where the value of the claim falls within the small claims limit.
24. Force Majeure
The Company is not in breach of these terms where a delay or a failure to perform is caused by an event outside its reasonable control. Such events include severe weather, wildfire, flooding, an earthquake, a public health emergency, a government restriction, a supply failure, a transport disruption or an industrial dispute.
Where a force majeure event occurs, the Company will notify the Customer promptly, will protect the Property as far as it is safe to do so, and will agree a revised schedule when the event ends. Where the delay is prolonged, either party may end the unaffected part of the Scope, and the Company will refund any payment for work that has not been performed.
A force majeure event does not excuse a party from paying an invoice for work that was properly completed before the event. The parties agree to act in good faith to limit the effect of the event on the project and on the Property.
25. Insurance and Licensing
The Company maintains general liability insurance and workers compensation coverage for its crew as required by applicable law. A certificate of insurance can be provided to a Customer on request, and the Company will confirm the current coverage before a project begins where the Customer or a property manager requires it.
The Company holds the business licences and registrations required for the work it performs in the jurisdictions where it operates. Where a permit is required for a particular installation, the Scope will state which party is responsible for obtaining it and for arranging an inspection.
A Customer should not assume that a scope includes permit fees unless the document says so. Where a permit is required and the Customer chooses not to obtain one, the Company may decline the work, and any consequence of performing unpermitted work remains with the Customer.
26. Confidentiality
Each party agrees to keep confidential any non public information about the other that is learned during the project. For the Customer that may include pricing, crew schedules and internal notes. For the Company it may include access codes, alarm details and information about the occupants that is not relevant to the Work.
Confidential information may be shared with a crew member, a supplier or a professional adviser where that is needed to perform the Work, and with a regulator or a court where the law requires it. It is not shared with a marketing partner and is not published without permission.
The obligation of confidence continues after the Work is complete. It does not apply to information that is already public, that is independently developed, or that the receiving party is required to disclose by law, provided that the receiving party gives notice where it is lawful to do so.
27. Governing Law
These terms are governed by the laws of the State of Utah, United States, without regard to a conflict of laws rule that would point to another jurisdiction. The parties agree that the courts of Utah have jurisdiction over a dispute that is not resolved by discussion or mediation, subject to any consumer right that gives a different forum.
Where the Customer lives in another state, a mandatory consumer protection rule of the Customer home state may also apply, and nothing in this section prevents the Customer from relying on that rule. The parties agree that the choice of law in this section does not deprive a consumer of the protection of a rule that cannot be varied by contract.
The headings in these terms are for convenience and do not affect the interpretation of the clauses. A reference to a statute includes a replacement statute and any regulation made under it. Words in the singular include the plural where the context requires it.
28. Changes to These Terms
The Company may update these terms to reflect a change in practice, a new legal requirement or a clarification that benefits both parties. The revised terms are published on this page with a new effective date, and a material change is brought to the attention of an existing Customer whose project is still in progress.
A revised term does not apply retrospectively to a Scope that has already been accepted unless the Customer agrees in writing. Where a change is required by law and affects an existing project, the Company will explain the effect and will apply the change as the law requires.
The Customer is encouraged to keep a copy of the terms that applied when the Scope was accepted. The Company keeps the relevant version with the project record so that the rights and obligations of both parties can be identified later if a question arises.
29. Severability and Waiver
If a clause of these terms is found to be invalid or unenforceable, the remaining clauses continue in full force. The invalid clause is read down to the minimum extent needed to make it enforceable where that is possible, and if it cannot be saved it is treated as removed.
A failure by the Company to insist on a right on one occasion is not a waiver of that right on a later occasion. A waiver is effective only if it is given in writing and signed by a person authorised to give it.
No variation of these terms is effective unless it is recorded in a written document agreed by both parties. An email exchange may serve as a written record where it clearly states the variation and both parties confirm acceptance in reply.
30. Entire Agreement
These terms, together with the accepted Scope, any Change Order and the privacy policy, form the entire agreement between the parties in relation to the Work. They replace any earlier discussion, quotation, brochure or website statement that is not reproduced in those documents.
A general description on the website or in a sales conversation does not add to the Scope. Where the customer believes that a specific promise was made during a conversation, the customer should ask for it to be written into the Scope before work begins so that both parties share the same record.
The agreement is personal to the parties and does not create a right for any other person to enforce a clause, except where the law provides otherwise. The obligations of the Customer and the Company survive the completion of the Work to the extent they relate to payment, warranty, confidentiality, liability or a dispute.
31. Contact Information
Notices, questions about these terms, requests for a certificate of insurance and reports about a problem with the Work should be sent to the shingle yard. Written notice is preferred because it creates a clear record of the date and the content of the message.
Kwest Contracting LLC2519 N Wildwood Ln
Heber City - 84032-6111
United States (US)
Email: estimates@kwestcontracting.lol
Telephone: +12726425479
The Company aims to acknowledge a written notice within five working days. If a notice concerns water entering a building or a safety condition, the Customer should telephone +12726425479 as well as writing, so that the crew can respond without delay.
Thank you for reading these terms. They exist so that a roofing project can run on clear expectations, and the Company is glad to discuss any clause before a Scope is accepted.