Terms of Service

Work Standard

Scope will be limited to the above description line items. Walls will be scraped, patched, and sanded. All furnishing and floors will be covered and protected. They will also be re-inspected and patched as necessary before final coats are applied. Fills will be made with sparkling compound, let to dry, and sanded smooth. More advanced cracks will receive an application of fiberglass joint tape (or similar material), will be speckled, and sanded smooth. Glossy surfaces, and trim will be sanded, and cleaned to assure proper paint adhesion. 

Damaged carpentry must be replaced prior to painting by a third-party carpenter or the present substrate will be considered complete and painted over without reconstructive fill, unless otherwise specified in the scope of work. Rough areas will be scraped, and sanded when in the case caused by previous paint failure. Cracks in wood trim and along the wall will be caulked. Stain sealer will be applied to water and tannin wood stains if needed. In the event that sealer is needed, the cost will be added to the final invoice. 

Work areas will be cleaned-up and vacuumed, and debris will be placed in the exterior trash can of the customer. Empty paint cans will be dried and discarded along with other trash from the job site in accordance with local laws. In the event that trash will overflow the exterior trash can, the cost of carrying away trash will be added to the cost of the final invoice. 

Upon completion, left over paint will be labeled and left on the job site. Hardware will be removed and reinstalled. (Includes curtain rods, window latches, switch plates, and cover plates.) Door knobs, thermostats, alarm system hardware will not be removed, unless at the discretion of the painter. Walls and/or Ceilings and/or Trim work Apply two (2) coats of interior latex paint specified paint product to walls and/or ceilings and/or trim as specified in the scope of work. Closets are not included in price unless specified in scope of work.

All work is to be completed in a workmanlike manner according to industry standards set forth by the PCA. 

Worker/s will remain on job until completion of the project, except for in the event of illness or symptoms related to Covid-19. 

When local health ordinances are in effect, worker/s will wear a facemask while in the presence of others and will remain socially distant at 6 feet (1.83 m) during work periods, and worker/s will disinfect facilities used while on the job. 

Work site will be cleaned daily and upon project completion. 

In the event of accidents, spills or errors in craftsmanship, company representatives and/or worker(s) will be permitted access to the home or facility to fix, correct, or clean any of the aforementioned incidents and submit corrections for satisfactory completion. 

All agreements are contingent upon strikes, accidents, illness, or delays beyond our control. 

The painting contractor and/or contract employee will produce a “properly painted surface”. A “properly painted surface” is one that is uniform in color and sheen. It is one that is free of foreign material, lumps, skins, runs, sags, holidays, misses or insufficient coverage. Compliance to meeting the criteria of a “properly painted surface” shall be determined when viewed without magnification at a distance of thirty-nine (39) inches or one (1) meter, or more, under finished lighting conditions and from a normal viewing position. 

Where existing wall conditions are uneven or not uniform, in vaulted entryway and on ceilings, a lower sheen may be suggested in addition to primer coats to reduce “flashing”, excessive roller marks and sheen variation. Upon conclusion of the project, the painting contractor or contract employee will provide punch list materials for the customer and do a final walk through inspection with the customer for final approval of work standard. 

Insurance & Workers Comp

It is mutually agreed that the Contractor shall render services as an independent contractor. General Liability insurance and Worker's Comp will be maintained during the course of the job. A copy of our certificate of insurance will be provided upon request of the owner. Limited Warranty of Contractor warrants craftsmanship for a period of one (1) year. If workmanship failure or faults appear, we will supply labor to correct the condition without cost. For material failures, contact the manufacturer. Contractor responsibility is limited to correcting the condition as indicated above. This warranty excludes, and in no event will the Contractor, be responsible for consequential or incidental damages caused by accident or abuse, temperature changes, settlement, or moisture: i.e., cracks caused by expansion and/or contraction. Cracks will be properly prepared as indicated at the time of job, but will not be covered under this warranty. Horizontal walking surfaces are excluded from this warranty. The contractor shall use privately owned tools and equipment to render services under this Agreement. Business License and Registration Contractor shall comply with all state and local licensing and registration requirements for the type of Services to be rendered under this Agreement. If applicable, the Contractor’s license and/or registration number is listed in the header of this Agreement.

Confidentiality

Under this Agreement, Customer may provide certain confidential Information or Nonpublic Personal Information (“Confidential Information”) to the Contractor. Contractor will not disclose any Confidential Information to any third party except to those employees or agents of Contractor who are required to have such information for purposes under this Agreement. The contractor shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, Contractor shall take at least those measures that it employs to protect its own confidential information of a similar nature, and shall ensure that its employees and/or agents who have access to Confidential Information employ reasonable measures to protect the secrecy and avoid disclosure and any unauthorized use.

Customer Responsibility

Please take specific note of job description. Colors must be chosen one (1) week prior to start date. An additional cost will be charged for color changes made after commencement of work. This charge will include the cost of new paint and materials. Added labor charged at the seasonal daily rate added to the cost of the original estimated line item. Please have fragile or breakable items and electronics moved out of work areas prior to start of project. Paint contractor and contract employees are willing to remove movable objects, blinds, electronics, furniture, appliances, etc. but will not be held responsible for damage resulting from removal. This includes damage to items, flooring, and so on. Existing floor surfaces, cabinetry, painted surfaces not in scope and appliances must be of a sound integrity and able to receive painter's tape and to be handled without lifting top coatings. If existing substrates are not of sound integrity, the customer will hold the contractor harmless of any lift caused by painters tape or normal handling. Alarms must be turned off while work is in progress. Air conditioning may be lowered or raised or windows may be opened or closed to protect paint from the effects of humidity and will be controlled at will by the paint contractor or contract employees. Occupants must vacate work area while spraying is in progress. Animals must stay in a separate room out of work area with doors closed. Customer may choose to take pets to a kennel during working period, however, changes in schedule cannot accommodate coordination with timing of pet stay at kennels. Customer is to be available to meet with the crew lead on the last day of the job and to deliver paint promptly if purchasing paint on their own.

Change Orders

This is only a proposal, and your acceptance is subject to our approval in order to make this service agreement binding. If after you agree to this work, you desire any changes or additional work, please contact your Color Designer (Company Rep.) for pricing. Workers are instructed not to undertake additional work without authorization. Workers may continue with additional work with verbal authorization, billed at the seasonal daily rate. Additional work is any work not explicitly written in the description of the quote or work order, whether discussed at the time of the quote or not. Additional work also includes repair damage caused by third-party contractors or occupants of the home that have been created after the initial bid inspection. Upon the day of service, the job will be inspected prior to beginning, per chance that any additional damage has been made or in the case where additional work is being requested. Any changes that would reduce the scope of work must be made no later than 30 days in advance of the project, and cannot reduce the scope to a total amount less than the initial down payment made. However, any and all work agreed to under a promotional financing agreement is binding and no reduction of scope will be permitted.

Scheduling

Starting date is to be agreed upon verbally and is subject to change. The project will not likely be moved up in schedule, but may be moved back. If the customer is requesting that the project be delayed, they must notify the company no less than 30 days prior to the estimated start date provided by the Paint Rep. Start date should not extend beyond 30 days of initial estimated date without discussion between parties. It is essential that the work area be available to the contractor team, free from other trades. As a result of trade interference, the contractor may leave the job site temporarily and additional charges may be incurred. To avoid such charges, daily communication and coordination is encouraged. Due to the concealed conditions of existing wall coverings (i.e., wallpaper) and some drywall repair, it may be impossible to estimate the labor of removal and preparation necessary to achieve a properly painted or wallpapered surface. Under normal conditions, wall covering can be removed properly without damage to the surface: however, sometimes the substrate has not been sealed properly, or other hidden conditions may exist. In addition, some substrates (such as popcorn ceilings and old surfaces) absorb paint materials at a spread rate that is lower than manufacturer specifications, requiring additional material and labor. Due to these factors, added labor and material cost may become necessary. If these conditions exist, the owner will be notified before further work commences.

Cost of Goods & Services

We propose to furnish sundries and labor. Paint will be furnished only in the event that it is specified in the scope of work above. All work will be complete and in accordance with the above specification for no less than the sum stated above. Price is calculated by piece, not estimated hours unless explicitly stated under the line item. Cost per piece is in alignment with national industry standards, adjusted to the local market and needs of the customer. Cost may not be negotiated down for any reason after agreement is accepted. Individual tasks, if selected separate from the whole of the estimate, may require additional pricing.

Accident or Conflict Resolution Process

In the event of an accident or conflict between customer and contracting company, the resolution process will be as follows:

Customer will notify crew lead of the issue in person during normal working hours. Customer will allow crew lead and crew to resolve any issues pertaining to workmanship or job site cleanliness. The customer may not refuse access to property of any crew until after the satisfactory completion of the project. After the crew leader and crew has been allowed justifiable time to resolve the issue and resolution has not been fulfilled, a Craftsman Painter representative will meet the customer to facilitate a resolution during normal business hours. Contract price will not be negotiated as a possible solution. In the event of property damage, all claims above the deductible will be submitted to insurance. Customer may not discriminate based on race, gender, language, faith, or sexual orientation. Customer agrees to withhold any online or public review until after the conflict resolution process has been completed and the project is complete, including all touch ups. Any disparaging remarks left in an online forum that are not true and do not have adequate evidence or proof of truthfulness are subject to defamation suites in the court of law and will be persecuted. The contractor maintains the right to discontinue work under the demands of an unreasonable client. Failure to comply with the above resolution process will be sent to mediation prior to arbitration or court.

Right to Cancel

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of agreement acceptance. The law requires that the contractor give you a notice explaining your right to cancel. If you choose to cancel part or all of this contract after the proscribed 3-day period, you will be charged a cancelation fee of 15% of the Service Agreement Price for part or all of the equal value of any down payment made plus any purchases made or payroll/commissions administered. Credit Card fees may apply.

Extended Warranty (Annual Touch Ups)

The customer will have three (3) days after completion of the work to request return to service for any missed punch list items that may have been overlooked during the final walk through. Painters will return within 30 days for punch list items.

After one year of the service date, you will be eligible for one hour of free touch ups on any previous work. This will cover any damage or scuffs that occur after service. Touch up will be done with an artist’s brush and may not cover large areas or serious damage requiring more extensive repair. Customer must have touch up paint ready and available at the time of service.

Miscellaneous

Authority. Each party represents and warrants that, as of the Effective Date, it has all rights, power, and authority to enter into this Agreement and to perform its obligations. Assignment. Neither party may, by operation of law or otherwise, directly or indirectly assign this Agreement without the prior express written consent of the other party. Notices. If either party want to provide notices pursuant to this Agreement, the notices will be provided in writing and sent via e-mail to the email addresses listed in the header of this Agreement. Counterparts. This Agreement may be executed in counterparts, each of which will constitute an original, and all of which will constitute one agreement. The parties agree that they will sign this agreement electronically. Attachments. Any photos or images referenced in this Agreement are attached to the Agreement under “Attachments”.

Each party shall be responsible for its own attorney's fees and legal costs incurred in connection with any dispute or legal proceedings arising out of or relating to this Agreement, regardless of the outcome of such dispute or proceedings, in accordance with the American Rule.