General Terms and Conditions
Please read. This will help ensure a smooth job and easy communication. Thank you!
· Bid is for one coat unless noted otherwise.
· Bid is for project being as-is of the time of bid, unless otherwise stated.
· Bid is valid for 60 days from date on bid and is subject to our availability.
· If this home has lead based paint, all RRP rules and practices will be followed to ensure a safe environment during work and after work is completed.
· Please have all sensitive/fragile items (electronics, chine dishware, etc.) removed from the working area prior to us arriving. If we have to move items or work around items that were not approved beforehand, we cannot be held responsible for any damage to items or property. If you need help moving any items let us know and we can assist. We are still very careful. An hourly rate may be charged if there is a lot of items for us to move
· We do not move appliances to paint behind, they can damage floors and there can be issues trying to hook them back up.
· Please have all paint color selections to us at least 48 hours before we are scheduled to begin.
· Touch up will be to PDCA Standards of standing 30 inches from the wall.
· Please have electricity available first day of job.
· The sales tax listed may be different than the actual sale tax rate for your area. You will be charged for the actual rate for your area. If sales tax is left blank, we will still charge sales tax for retail clients.
PAINT and COLORS: All paint colors need be chosen from Sherwin Williams. If you must have another brands color, we are not responsible in any way for any issues with the color, including colors being wrong or miss tinted. A physical sample of the color to be matched must be delivered by you to the Bonney Lake Sherwin Williams 2 days before we are to begin painting. If another brand of paint is desired it must be supplied, paid for and delivered by customer. Customer must be available to supply additional paint to job site on short notice. Attention: If it is a none Sherwin Williams Color, there is no guarantee of color being correct. Customer assumes all responsibility and liability. • Paint upgrades are available on all jobs. Feel free to ask. • White for the body of a project may increase the price by 10-15% or may need a second coat at an additional charge. • A “Change Order Form” must be filled out if any changes are made to the original scope of work. • Choosing colors that contrast too much may result in the need for a second coat at an additional charge. • Last minute color changes may result in additional material and labor costs.
JOB SITE REQUIREMENTS: We require power (please make sure exterior electrical outlets work or leave the end of a 12gauge, 3 wire extension cord available with power for us to plug into) and water to work. There must be power and water available during the entire duration of the job. On site generators are not an acceptable source of power as they can damage our equipment. If work has to be canceled for the day because of lack of water or power, there may be trip charges and job delay charges. We may operate some jobs with no water, but this typically results in loss of tools, we may charge to replace tools if needed.
We must be able to access job by 7am on day one and every day there-after. If a key is provided to us, do not give us your only key. We lock the keys in house on last day of job if no one is on site and we may take the key with us during the job.
During our scheduled dates on the job sites there are to be no other workers or companies in our area of work. This includes walking through, delaying of any sort or interference to our work or work area. If it is a millwork job or interior job, the entire inside of the home is to be free of any persons. Exterior, the area and the area around the work zone is to be clear and free of interference. If there are other subs or contractors in our work area there will be a $150 fee per day, per trade.
Jobs are to be 100% ready by 8am on the first scheduled day to arrival. Any work not yet completed, dirty work environment or any other delay may result in a return charge of $175 per painter or more and a job delay fee.
Job sites are expected to be clean of tools, trash, supplies and dirt when we arrive. The site should be ready for us to do our job. If we have to clean up trash, sweep and vacuum, or move tools or supplies there may be a charge of $75 per man hour. We are NOT responsible if paint or over spray gets on tools or supplies left in our work area. The contracting entity shall assume sole and complete responsibility for job site conditions during construction.
JOB SCHEDULEING: We need a 12-day notice for when job will be ready. Any delay on jobs that moves back our start date may create additional delays on our end as we adjust our schedule. We may begin other jobs to avoid delaying other customers. This can impact your jobs start and finish dates. We are not responsible for your delays and in no way will be held responsible in any way. Additional charges will apply if scope of work is changed. All finish dates are estimated. Weather can and often does impact our schedule. We do our best to meet everyone expectations and hopes. We have ongoing construction jobs and it is common for us to have to be gone for a day or more to tend to those jobs. We always try to let you know that this may happen. We will not be held responsible for any damages or losses from delay of schedule. We require a 72-hour notice of changes to job schedules. There will be a $300 per day charge for notices not giving 72-hours in advance. Job delays are also subject to a trip charge if we arrive on site and the site is not ready. This fee will be in the range of $150-$300+ per trip in addition to the late notice charge. Enumclaw Painting Company will not be responsible for any cost associated with delayed or cancelled jobs. Last minute cancellations may also be subject to forfeit of down payments.
TERMS OF PAYMENT: Residential repaints are to be paid upon completion of job. Commercial and professional clients are net 30 unless otherwise stated. A late payment charge of 18% APR and/or $50 per invoice, per month will be added onto any amount not paid within 30 days of invoice or completion of contract date. Payment thereafter to be applied first to accrued late payment charges and then to the principal unpaid amount. Enumclaw Painting Company may, at its discretion, withhold services, info and anything related to the job until paid.
Invoices over 60 days late may result in lien of property. We are not required to send a Notice of Intent to Lien. If there are any issues with making payments please keep in contact. Any form of holding back payment must be authorized by Bobby Campbell 72 hours before job is scheduled to begin. Withholding any funds, in any amount is subject to late payment charges and 18% interest charge.
LIABILITY LIMITATIONS: Enumclaw Painting Company’s liability for loss, cost, damage or expense (including attorneys' fees) is limited to 100% of the original Painting Proposal (unless it is a multi-part bid, then the liability is limited to the portion of work completed) or up to $5,000, whichever is lesser. Multi-part bid is where items are listed separately (in example: interior, exterior, millwork, etc.)
DAMAGES: Subject to the limitation of liability above, liability shall be further limited to direct damages, which shall mean all damages incurred by the Client as a result of nonconformity to customarily accepted good, sound, professional practices and procedures (including the correction or replacement of unsuitable, defective or damaged equipment, buildings or structures or parts thereof), arising out of Enumclaw Painting Company’s performance of this Agreement. All other damages such as loss of use, profits and like losses are consequential damages for which Enumclaw Painting Company is not liable. Enumclaw Painting Company will not be responsible for any fees, interest or loss of profit associated with jobs not finished on schedule or jobs not completed. We will not be responsible for damages because of job delays.
DISPUTES: Any controversy, claim or dispute shall be construed and enforced in accordance with the laws of the state from which Enumclaw Painting Company services are contracted. In any legal or arbitration proceedings brought by either party to enforce or interpret any of the terms or conditions of this Agreement, including the collection of any payments due hereunder, Enumclaw Painting Co. shall be entitled to recover all reasonable costs incurred in defense of the claim, including staff time at current billing rates, court costs, attorneys' fees, and other claim related expenses. Enumclaw Painting Co. will only be liable up to our “LIABILITY LIMITATIONS.”
ADDITIONAL SERVICES/BID CHANGES: Where services resulting from changes in the general scope, extent or character, of the project or its design, including but not limited to, changes in size, complexity, client's schedule, character of construction or method of financing and revising previously accepted proposals/bids, design documents or any other cause beyond the control of, Enumclaw Painting Company will be paid by the client for the additional services according to the TERMS OF PAYMENT as included in these GENERAL TERMS AND CONDITIONS and Attachments.