Service Disclaimer and Arbitration Agreement

Effective Date: February 12, 2026

This Service Disclaimer and Arbitration Agreement (“Agreement”) applies to all services provided by Universal Apex Construction and Roofing (“Company,” “we,” “our,” or “us”). By entering into a service agreement, signing a contract, approving an estimate, or permitting work to begin, the Client (“Customer,” “Owner,” or “You”) agrees to the following terms.

1. Scope of Work Limitation

Universal Apex Construction and Roofing agrees to perform only the services specifically outlined in the written contract.

We are not responsible for:

• Pre existing structural deficiencies
• Hidden damage not visible at inspection
• Mold, rot, or deterioration discovered after tear off
• Code upgrades unless specifically included
• Engineering deficiencies
• Improper prior installations by others
• Damage unrelated to contracted work

Any additional work required due to unforeseen conditions shall require written change order approval.

2. No Guarantee of Insurance Approval

If services involve insurance related repairs:

• We do not guarantee insurance claim approval
• We do not guarantee scope approval by carrier
• We do not guarantee payment amounts
• We are not public adjusters
• We are not legal representatives

Insurance decisions are made solely by the insurance carrier. The homeowner remains fully responsible for policy compliance and deductibles.

3. Weather and Acts of God

Universal Apex is not responsible for delays, damages, or performance issues resulting from:

• Severe weather
• Wind events
• Hail
• Ice
• Flooding
• Lightning
• Acts of God
• Supply chain disruptions

Roofing is an exterior trade subject to environmental conditions beyond our control.

4. Material Variations and Manufacturer Issues

We do not manufacture roofing materials.

We are not liable for:

• Manufacturer defects
• Color variations
• Dye lot differences
• Product recalls
• Supply shortages
• Discontinued materials

All manufacturer warranties are subject solely to manufacturer terms.

5. Limitation of Liability

To the maximum extent permitted by law:

Universal Apex Construction and Roofing shall not be liable for:

• Consequential damages
• Incidental damages
• Loss of use
• Lost profits
• Interior damage unrelated to workmanship
• Business interruption
• Diminished property value
• Emotional distress

Our total liability shall not exceed the total amount paid to Universal Apex under the specific contract giving rise to the claim.

6. Workmanship Warranty Limitation

Workmanship warranties apply only to:

• Installation errors
• Improper application

Warranty does not apply to:

• Structural movement
• Settlement
• Inadequate ventilation
• Customer modifications
• Third party interference
• Storm damage after installation
• Improper maintenance

Warranty claims must be submitted in writing and inspected by our team.

7. Indemnification

The Client agrees to indemnify, defend, and hold harmless Universal Apex Construction and Roofing, its owners, officers, employees, subcontractors, and affiliates from any claims arising from:

• Pre existing conditions
• Customer negligence
• Structural failures unrelated to our scope
• Misuse of roofing systems
• Third party damage
• Insurance carrier disputes

8. Mandatory Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to:

• This Agreement
• Any roofing or construction services
• Workmanship issues
• Payment disputes
• Warranty claims
• Insurance related disputes

Shall be resolved exclusively through binding arbitration.

Arbitration Terms

• Arbitration shall be conducted in Mississippi
• Arbitration shall be administered by a mutually agreed arbitration service
• Each party shall bear its own attorney fees unless otherwise awarded
• The arbitrator’s decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

9. Waiver of Jury Trial

By agreeing to arbitration, the Client knowingly waives:

• The right to a jury trial
• The right to court litigation
• The right to participate in class actions

All disputes shall be resolved individually.

10. Time Limitation on Claims

Any claim must be submitted in writing within one year of substantial project completion.

Failure to provide timely written notice shall bar the claim.

11. Attorney Fees

If Universal Apex prevails in arbitration or collection proceedings, the Client agrees to reimburse:

• Attorney fees
• Arbitration costs
• Collection fees
• Administrative expenses

To the fullest extent permitted by law.

12. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

13. Governing Law

This Agreement shall be governed by the laws of the State of Mississippi, without regard to conflict of law principles.

14. Entire Agreement

This Service Disclaimer and Arbitration Agreement supplements the signed project contract and represents the full limitation of liability agreement between the parties.

15. Acknowledgment

By signing a contract, approving services, or allowing work to begin, the Client acknowledges:

• They have read this disclaimer
• They understand the arbitration requirement
• They waive the right to jury trial
• They accept the limitations of liability

Contact Information

Universal Apex Construction and Roofing
1301 A Highway 72 East
Corinth, Mississippi 38834

Phone 662, 603, 7170
Email info@universalapexconstructionandroofing.com