TERMS & CONDITIONS
SCOPE OF WORK
A. Pinnacle Painters ensures the painting surfaces are free from dust, dirt, mildew, fungus, loose materials, faults, defects and otherwise properly prepare the surface to receive the paint, ensuring complete, even coverage and adequate adhesion of the paint to the surface. Pinnacle Painters agrees to not to begin work until the surfaces to receive paint are clean, dry, free of defects, firm, and sound to design shape.
B. Upon completion, the painted surface shall be uniform in appearance with complete coverage, free of runs, with sharp clean edges and smooth without roughness (excepting those surface materials whose natural texture is roughness, such as rough cedar beams and siding, textured siding, etc.) and pleasing to the eye.
C. Pinnacle Painters is responsible for scheduling delivery of all painting materials and the clean-up of any splatters caused during painting.
Painting Company shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the service price.
Painting Company shall maintain general liability, workers compensation and licensing.
CHANGES TO SCOPE OF WORK
Client may make changes to the scope of the work, from time to time during the term of this Contract. However, any such change or modification shall only be made by a written “Change Order” signed by both parties. Such Change Orders shall become part of this Contract. Client agrees to pay any increase in the cost of the painting services as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, Pinnacle Painters shall estimate the cost thereof and client shall pay the actual cost whether or not it is in excess of the estimated cost.
a. Pinnacle Painters shall provide its services and meet its obligations under this Contract in a timely manner, using knowledge and recommendations for performing the services which meet generally acceptable standards.
b. All materials and installations incorporated into the work shall be new, unless otherwise specified, and shall be of good quality. Pinnacle Painters agrees to repair any peeling surfaces for a period of one year. Pinnacle shall not be responsible for mildew or fungus that may form on painted surfaces. Painting Company shall not be responsible for builders’ negligence. In the event of peeling surfaces within the warranty period and through fault of Pinnacle Painters, then Pinnacle Painters agrees to repair within 30 days of notice, weather permitting.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
If this invoice is not paid within 30 days of job completion, an additional fee of 5% of the remaining amount due will be applied, per month, or the maximum percentage allowed under applicable laws, whichever is less. Client shall pay all costs of collection, including without limitation, reasonable attorney fees.
I understand and agree this is a legal representation of my signature.