INSURANCE REPRESENTATION AGREEMENT

INSURANCE REPRESENTATION AGREEMENT

This agreement is made between:

1. Stellar Roofing & Solar (Limited)

AND

• Client: ……………………………. [Name of Homeowner(s)]

NOW, THEREFORE, AND IN CONSIDERATION, of the mutual terms and conditions contained herein, the parties agree as follows:

1. Relationship of the Parties:

1. The undersigned homeowner hereby engages and authorize, Stellar Roofing and Solar a Georgia limited liability company (Stellar Roofing and Solar) to contact and discuss the Insurance Carrier, named above, seeking reimbursement for any/all roofing repairs required as a result of existing damage to the homeowner’s home at the above-stated property address.

• Upon a successful engagement with the Insurance carrier, where the Insurance Carrier allows minor or full replacement of the homeowner’s roof, the homeowner agrees to have Stellar Roofing and Solar as their desired roof contractor.
• This agreement binding, however, if a claim for your roof’s needed repairs is denied, this agreement will be considered null and void.

1. Duration of the Contract:

The term of this Agreement shall commence on ……………. day of ……………… 20 …………, and shall remain in full force until the full repair of the homeowner’s roof, subject to earlier termination as provided for in this agreement.

In the event, either party wishes to terminate this agreement before completion of the roofing works, that party is hereby required to provide fourteen (14) days written notice to the other party.

• Compensation:

The homeowner agrees to allow Stellar Roofing and Solar to complete all authorized repairs at a cost determined and approved by the Insurance carrier plus upgrades, if any, selected by the homeowner. The final price agreed upon between the Insurance Carrier and Stellar Roofing and Solar shall automatically become the final contract price.

• Warranty:

1. Stellar Roofing and Solar agrees to act in the best interest of the homeowner in appropriating the damages with the insurance carrier.

• By signing this agreement, the homeowner engages and authorizes Stellar Roofing and Solar to complete all the repairs at the price consented to by the insurance carrier. In such an event, the homeowner shall be financially responsible only for their insurance deductible and upgrades, if any, selected by the homeowner. The final price agreed upon between the Insurance Carrier and Stellar Roofing and Solar shall automatically become the final contract price.

•  Termination:

This Agreement may be terminated by either party, upon giving the other party a fourteen (14) days’ notice in writing.

Termination by client without notice will attract a penalty of USD 500.00 in addition to other accrued expenses.

Additionally, a party can terminate this contract if:

The other party commits a material breach of any term of this Agreement that is not capable of being remedied within thirty (14) days or that should have been remedied within fourteen days after a written request and was not;

The other party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform;

Further, this Agreement may be terminated by Stellar Roofing & Solar if the Insurance and Adjuster fail to pay any required fees within seven (7) days after the date they are due. Stellar Roofing & Solar may terminate the Agreement immediately, with no notice period, in writing.

Any termination of under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either party may be entitled to. Any provision or subpart of this Agreement that is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.

• General Provisions:

Governing Law:

This Agreement shall be governed in all respects by the laws of the state of Georgia and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of Georgia. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory.

Language: 

All communications made or notice given under this Agreement shall be in the English language.

Assignment: 

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by either Party.

Amendments: 

This Agreement may only be amended in writing signed by both Parties.

No Waiver: 

None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

Severability: 

If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.

Entire Agreement: 

This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

Headings: 

Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

Force Majeure: 

Stellar Roofing & Solar is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.

Dispute Resolution;

In the event of any dispute arising out of this contract, termination or invalidity thereof shall first be negotiated between the parties themselves. In case the negotiations fail, parties shall resolve the dispute(s) through arbitration under the state of Georgia, Arbitration Rules.

Notices Through Electronic Means Permitted:

Any notice to be given under this Agreement shall be in writing and shall be sent by email or any other electronic means, to the address of the relevant Party set out at the head of this Agreement, or to the relevant email address set out below or other email address as that Party may from time to time notify to the other Party under this clause. The relevant contact information for the Parties is as follows:

1. Stellar Roofing & Solar:

• Homeowner:

• By executing this agreement, the homeowner consents to the terms and conditions set forth above:

Home Owner 1 Signature:

Homeowner 2 Signature:

Stellar Roofing & Solar Representative Signature:

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