Premier Plus Storm Team
Terms and Conditions
1. Premier Plus Storm Team (“Premier Plus”) will arrange for repair work and services following a storm (collectively, the “Work”) to be provided to a residential homeowner or commercial property owner/manager (collectively, “You” or “Customer”). By signing the Premier Plus contract (the “Contract”), you agree to be bound by all applicable Premier Plus terms and conditions, including these terms as posted and subsequently amended on its website (www.premierplusstormteam.com) (collectively, the “Terms”). Such Terms are effective upon posting and incorporated into the Customer Contract.
2. Limited Warranty. Premier Plus warrants that the Work described in the Premier Plus Contract shall (a) be performed in a professional, timely and diligent manner by subcontractors who are adequately skilled and trained to industry standards and (b) not violate or infringe upon any third party’s intellectual property rights. Premier Plus also warrants its workmanship for five (5) years from completion of the Work and that any applicable manufacturer warranties on materials will be pass through to the Customer. Except as noted, Premier Plus expressly disclaims any and all warranties, express or implied, written or oral, by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, with respect to the Work. No oral or written representation made by Premier Plus employees, subcontractors or otherwise, shall create a warranty for any purpose or give rise to Premier Plus liability unless expressly stated in these Terms.
3. Limitation of Liability. In no event shall either Premier Plus or Customer be liable to the other for any indirect, special, incidental, or consequential damages for any reason whatsoever. In all events, the maximum liability of Premier Plus and the Customer’s sole and exclusive remedy for a claim of damage to real or tangible personal property or any other claim whatsoever, including but not limited to claims based on contract, warranty, negligence or strict liability in tort, that arises out of or in connection with the Work provided hereunder, shall be limited to proven direct damages due to the negligence of Premier Plus or its subcontractors in an amount not to exceed the amount paid to Premier Plus by the Customer or Customer’s insurer. Customer is not entitled to damages for any alleged inconvenience, including without limitation taking time off from work to be present while Work is being performed by Premier Plus and its subcontractors.
4. Late Payment Remedies. All payments to Premier Plus are payable either upon completion of the Work or by the Due Date listed on the Invoice. Customer agrees to pay interest on all past due sums at the lesser of 1.5% per month or the highest rate allowed by law. In addition, Customer agrees that in the event of untimely payment, Premier Plus may elect any and all of the following remedies: (a) file a mechanic’s lien with the Iowa Secretary of State on the Customer’s property where Work was performed, (b) file a lawsuit for damages, and be entitled to recover all reasonable Premier Plus attorney’s fees and costs, and/or (c) report Customer to all three major credit bureaus (Equifax, Experian, and TransUnion). Customer acknowledges and agrees to pay all reasonable costs incurred by Premier Plus to enforce any term of the Contract, including without limitation, reasonable attorney’s fees and costs associated with collection and/or litigation. Customer also agrees that the final depreciation payment from Customer’s insurer shall be payable jointly to Customer and Premier Plus.
5. Value-Add Services Provided to Customer. By initially executing the Premier Plus Property Agreement, Premier Plus agrees to provide some or all of the following value-add services to the Customer:
a. Drone. With the prior approval of the Customer’s insurer, the Premier Plus drone will provide superior detail of all applicable storm damage to Customer’s home or business.
b. Drone Flight Report. Customer will receive a written report detailing the storm damage verified by the drone.
c. ITEL. Analysis of a Customer’s siding to match for replacement and verify availability in stock.
d. Roof Measurement Report. Satellite imagery of Customer’s roof, providing Premier Plus with the ability to measure all details of the roof with maximum accuracy to build an estimate.
e. HOVER Siding Report. Transforms smartphone photos of any property into a fully measured 3D model, thereby providing Premier Plus with highly detailed, accurate exterior measurements to the inch for the roof and all elevations from as few as eight smartphone photos.
6. Reimbursable Costs Payable by Customer. If Premier Plus provides these value-add services after Customer executes the Premier Plus Property Agreement and Customer’s insurer approves such value-add Work to be performed, and if the Customer subsequently elects not to have Premier Plus perform the applicable Work to repair such storm damage in breach of the Property Agreement, Customer acknowledges that Premier Plus has incurred additional costs for services that have benefitted Customer, and Customer agrees to reimburse Premier Plus for the following costs within 30 days from receipt of the Premier Plus invoice sent to Customer:
a. $75 – Drone Flight/Inspection per hour
b. $300 – Drone Flight Report per every 10,000 square feet
c. $350 – ITEL siding analysis cost per each report
d. $75 – Roof Measurement Report cost per each report
e. $125 – HOVER Siding Report cost per each report
f. $2 – Tarping per square feet, $250 minimum
g. Lost Profits that Premier Plus would have earned by arranging for the necessary Work to repair the Customer’s premises as calculated using the repair estimate prepared by the Customer’s insurance adjustor.
Such reimbursable costs payable by Customer to Premier Plus constitute a liquidated damage and not a penalty.
7. Right to Rescind. Under Iowa law, Customer has the right to cancel this Premier Plus Contract for Work within three (3) business days after signing it.
8. Cash-bid Process. A cash-bid scenario is where a Customer incurs storm damage but elects to pay cash for such repair Work rather than submitting an insurance claim. Under a cash-bid scenario, the Premier Plus repair quote is valid for up to 30 days from the date of the repair quote. If more than 30 days has elapsed since the repair quote, Premier Plus must renew the repair quote in writing to be valid. Customer acknowledges and agrees that any such repair quote is based only on current information known at the time by Premier Plus and on a visible inspection of the Work. Once Work is started, if unknown contingencies are discovered (i.e., sheating needs replaced or additional sheets installed; termites are discovered in the shingles) by Premier Plus and its subcontractors, resulting in additional materials and work being required to fix the Customer’s storm damage, Customer acknowledges and agrees to pay increased costs up to ten percent (10%) above the original price quote without any written amendments between Premier Plus and Customer. Under such circumstance, Premier Plus will provide written documentation justifying the increased cost to Customer. If increased costs exceed 10%, both parties must amend the price quote in writing.
For all cash-bid scenarios, Customer shall pay (a) one-half (1/2) of the estimated costs upon signing the Premier Plus Contract thereby allowing necessary materials to be purchased and (b) the remaining balance upon either completion of the Work (if a residential customer) or within 30 days of the completion of the Work and invoice date (if a business customer).
9. Additional Legal Terms. Governing Law. These terms and conditions and all matters arising out of or related to Work provided shall be governed by the laws of the State of Iowa, without regard to conflicts of law provisions. Customer agrees that the federal and state courts of Iowa located in Cedar Rapids alone have jurisdiction over all disputes arising under this Contract, and Customer consents to personal jurisdiction of those courts with respect to any disputes arising under this Contract. Customer acknowledges this term is a material inducement for Premier Plus to enter into the Contract for this Work. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS CONTRACT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND PREMIER PLUS HEREBY WAIVE THEIR RIGHT, IF ANY, TO TRIAL BY JURY. Customer acknowledges and agrees that no court in construing these Terms shall construe it more stringently against one party than against the other. Except as otherwise provided herein, the failure of Premier Plus to enforce any provision of these Terms shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. When applicable, Customer and Premier Plus consent to use electronic signatures and agree that such signatures are valid and binding. Any applicable digital transaction platform utilized by Premier Plus, like DocuSign, shall allow for the accurate reproduction and retention of such fully executed contract, thereby proving it was executed with electronic signatures. The Premier Plus Contract may only be amended, modified, or supplemented by a separate written document duly executed by authorized representatives of both Parties. If any provision of these Terms shall be held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired thereby, but rather these Terms shall be construed as if not containing the invalid or unenforceable provision. The Contract, including these Terms, represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the Parties with respect to its subject matter. In the event Premier Plus takes legal action to enforce these Terms and the Premier Plus Contract, Customer agrees to pay the reasonable attorney’s fees and other costs and expenses incurred by Premier Plus.
10. Force Majeure. Premier Plus and its subcontractors shall not be responsible for any failure to perform the Work due to causes beyond their reasonable control, including, but not limited to, acts of God, terrorism, pandemic, endemic, war, riot, embargoes, fire, floods, earthquakes, labor shortages, government-mandated shutdowns, supply chain delays, strikes or any other cause outside the reasonable control of Premier Plus (each a “Force Majeure Event”) provided that Premier Plus gives prompt written notice to Customer of such Force Majeure Event. The time for performance will be extended for a period equal to the duration of the Force Majeure Event.
11. Dispute Resolution. Premier Plus and Customer will make good-faith efforts to resolve any dispute between the Parties. Upon notice of such dispute, each Party will meet and attempt in good faith to resolve the dispute. If the dispute is not resolved within ten (10) business days after such notice, either Party may pursue further legal action.
12. Mechanic’s Lien Notice to Residential Homeowner required by Iowa Code Chapter 572.
Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner. The mechanics’ notice and lien registry internet site provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property. The information in the mechanics’ notice and lien registry is posted on the internet site of the mechanics’ notice and lien registry. MNLR Internet Web site address (sos.iowa.gov/MNLR) and MNLR toll-free telephone number (1-888-767-8683).
13. Supplement Process.
a. Supplementing means the process to add additional charges to an insurance claim. This can happen for several reasons: (1) the original estimate for replacement materials was below the actual outlay due to fluctuating commodities prices or other causes; or (2) the insurance adjuster overlooked a damaged area during the inspection or performed an inaccurate measurement of damage, or failed to account for applicable building code upgrades, or underpaid items on the Customer claim.
b. Premier Plus Storm Team is a general contractor who is trained to audit your insurance repair summary and work with your insurance adjuster to get additional damages, code upgrades and underpaid items covered for your benefit.
c. Your insurance repair summary is also referred to as a Scope of Work. Your summary/Scope of Work tells the contractor what items to repair on your building. Once the Premier Plus Storm team has been able to audit your repair summary, we may find issues with the Scope of Work and submit a supplement request to advocate on your behalf. On your Premier Plus Agreement and Work Order, you agreed to allow Premier Plus Storm Team to submit supplements and evidence on your behalf to get increased benefits from your insurance carrier.
d. Below are the types of supplements that Premier Plus may need to submit on your behalf:
Initial Supplement – Pre-Production
- Additional damages that occurred and were missed by your
- Issues with the Work Summary and Iowa’s Line of Sight law for
- Missing components such as (Ridge Vents, Flashing, House Wrap, Ice & Water)
- Code upgrades specific to your repair project.
Final Supplement – Mid-Production/Post-Production
- Additional components that were needed to get your Work thoroughly completed that were unknown when your Work
- The most common component is sheathing/code
Price List Revision* – Project Completion
Due to material shortages, inflation, and delays , among other reasons, to get Work into production, material prices may have increased. Your insurance Summary is prepared by your insurance adjustor in the month of your date of loss. Material prices, however, are based on fair market prices in the area at that time of purchase. Due to the material shortages, Derecho 2020, and current inflation, Premier Plus provides your insurance carrier with our revised material invoices and will request that your insurance carrier amend its Summary to the month that materials are actually purchased by Premier Plus. These price adjustment requests submitted by Premier Plus are known as a Material Reimbursement request to your insurance carrier.
*Not all Supplements requests are approved by your insurance carrier. When that occurs, Premier Plus will seek your assistance to help the Premier Plus Storm Team in this supplementing process. It is important to share all paperwork you receive when checks are issued from your insurance company and paid over to Premier Plus to ensure you are only responsible for your deductible.
If you have any questions for Premier Plus on a supplement submitted on your behalf, please call the Premier Plus Auditing Department at 608-412-5626. If you have any questions for your Carrier such as coverage and payments, please call their claims department number and have your claim number available.
14. Property Damage. Premier Plus and its subcontractors shall take commercially reasonable efforts to avoid/reduce any damage to the Customer’s property, including home, building, siding, gutters, landscaping, or lawn during such Work. Customer nevertheless acknowledges and agrees that minor damage to the Customer’ property is an unavoidable risk that occurs in this storm repair industry, and that Premier Plus is not liable for any such damage, except due to the negligence of Premier Plus or its subcontractors.
15. Limited Access. In the event a Customer restricts/blocks reasonable access to the Customer’s property that needs storm repair, thereby resulting in a subcontractor imposing and charging Premier Plus with a limited access fee, then Customer agrees to reimburse Premier Plus the applicable limited access fee. Customer is solely responsible to ensure Premier Plus and its subcontractors with sufficient access at all times to perform the Work. Customers who are commercial property managers who signed the Premier Plus Contract shall be responsible to notify all Tenants and ensure there is proper and adequate access for Premier Plus and its subcontractors to perform the Work.
16. Damage caused by a Third-Party Material Supplier. If a third-party material supplier damages the Customer’s property, (i.e., shingle delivery supplier damages Customer’s concrete driveway), that third-party supplier shall be solely liable for such damages. Under all circumstances, Premier Plus shall not be liable in any way for damages caused by the negligent acts of a third-party material supplier.
17. Licensing and Permits. Premier Plus represents that its subcontractors have met all applicable licensing requirements and obtained all applicable permits to perform all Work.
18. Installation Requirement. Premier Plus represents that its subcontractors will perform all Work in accordance with the manufacturer’s recommended guidelines.
19. Risk of Loss. Once Materials are delivered to the Customer’s property, the risk of loss for any damage, including without limitation, theft of such materials, is solely on the Customer. Premier Plus is not liable for theft of such materials once delivered to the Customer.
Additional Terms and Conditions
Premier Plus RAPP
1. Term. The Term of this Agreement shall be as mutually agreed to in writing by Customer and Premier Plus.
2. Renewal. This Agreement shall automatically renew for successive terms on the then current terms and conditions, unless Customer has provided written notice to terminate at least 60 days prior to expiration of the current term.
3. If Customer terminates without cause this Agreement before the end of the current Term, as reasonably determined by Premier Plus, Customer agrees to pay the applicable early termination charge (“ETC”). ETC is determined by multiplying the monthly charge times the number of months remaining in your current erm times 25%. The Parties agree that ImOn’s damages in the event of early termination would be difficult or impossible to determine, and that any ETC constitutes liquidated damages and is not intended as a penalty. By way of example for illustrative purposes only, if the monthly charge is $25 and the Customer terminates without cause after month 20 of a 60-month Term, ETC is calculated by multiplying $25 times 40 months times 25%, totaling $250.
4. Cancellation. Customer may cancel the Service and this Agreement by providing 60 days cancellation notice in writing to Premier Plus. Based on the fixed costs of Premier Plus services provided to any Customer (i.e., drone report), if a Customer terminates without cause this Agreement, the minimum ETC owed by Customer to Premier Plus is $200.
5. ETC shall be paid by Customer to Premier Plus within 10 calendar days after Customer terminates without cause the Agreement.