Terms and Conditions

PREMIUM PAINTING INC. SERVICE CONTRACT

TERMS AND CONDITIONS

We propose hereby to furnish material and labor - complete in accordance with above specifications. All material is guaranteed to be as specified. All work to be completed in accordance with industry standards in the local area. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Contractor proposes to provide all labor, material and equipment (unless otherwise specified in this proposal) to complete the work described within this proposal.

ADDITIONAL PROVISIONS

Unless otherwise specified herein, the following additional provisions are expressly incorporated into this contract:

1. Contract, Plans, Specifications, Permits and Fees

The work described in this contract shall be done according to the scope of work and the scope of work specifications except in the case of conflict when the provisions of this contract shall have control over both the plans and the plan specifications.

2. Change Orders

Should Owner, construction lender, or any government body or inspector require any modification to the work covered under this contract, any cost incurred by Contractor shall be added to the contract price as extra work and Owner agrees to pay Contractor his normal selling price for such extra work. All extra work as well as any other modifications to the original contract shall be specified and approved by both parties in a written change order. All change orders shall become a part of this contract and shall be incorporated herein.

3. Payment Terms

Full Payment is due upon completion of project. Completion is defined as all items listed on agreement are completed and delivered in accordance with industry standards and the specifications of this agreement.

Deposit: We will waive the 2.9% processing fee for any deposit payment of $500 or less made by credit card. Any credit card payment exceeding $500 (whether deposit or final payment) will incur a 2.9% credit card processing fee on the amount over $500.

Final Payment: Customer has a right to choose payment method for the final balance. We do not accept cash. We request payment by check made payable to Premium Painting Inc. Client has five (5) days to remit full balance after project completion. There will be a 1.5% monthly interest charge (18% APR) on any overdue amounts after the 5-day grace period. Contractor reserves the right to file a mechanic's lien for unpaid amounts. Non-payment constitutes breach permitting Contractor to pursue all legal remedies.

Progress Payments: Contractor reserves the right to invoice for progress payments when project duration exceeds 5 days. Progress payment schedule will be: 30% immediately after the 5 days, 40% of the balance after 10 days, 30% upon completion. Progress payments are due within three (3) business days of invoice. Touchups, furniture replacement, and small accessory items non-painting related are not valid reasons to withhold more than $500 of the final payment.

4. Owner's Responsibilities

Owner is responsible for the following:

1. To provide all necessary water, electrical power and access to the premises during hours of 8AM to 5PM
2. To provide a storage area on the premises for equipment and materials (if necessary)
3. To relocate and protect any items that prevent Contractor from having free access to work areas including but not limited to: clothing, automobiles, draperies, window treatments, appliances, fixtures, plants, or any other personal effects and properties
4. Contractor will move furniture where necessary but assumes no responsibility for scratched floors or damage during moving
5. Contractor is not responsible for correcting any existing defects discovered during work, including but not limited to: rotting wood, dry rot, structural defects, or code violations
6. Owner warrants that no hazardous conditions exist and will immediately notify Contractor if any are discovered
7. Owner is responsible for obtaining all HOA approvals and ensuring color/finish selections comply with all regulations
8. Owner assumes all risk for damage to landscaping, sprinkler systems, and underground utilities not clearly marked
9. When spray application is used, Owner is responsible for moving vehicles and covering sensitive items at least 100 feet from work area

5. LIMITED WARRANTY

Contractor warrants all labor and materials against peeling, blistering, or paint failure due to defective workmanship or materials for a period of seven (7) years from the project completion date.

This warranty is non-transferrable and applies only to the original property owner.

Exclusions:
This warranty does not cover:

• Normal wear and tear

• Fading or damage due to sun exposure or weather conditions

• Damage resulting from abuse, neglect, or improper maintenance

• Failure of underlying substrate or pre-existing conditions

• Mildew, mold, or moisture damage

• Peeling or failure caused by water intrusion or leaks

• Damage caused by plants, animals, or irrigation systems

• Flooring, stained surfaces, concrete coatings, or metal surfaces

Paint Products:
The paint products used are backed by a manufacturer's warranty of up to 25 years (Sherwin-Williams). In the event of a product defect, we will support the claim process and have our Sherwin-Williams representative facilitate the warranty on your behalf.

This warranty is exclusive and supersedes all other warranties, expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL CONTRACTOR'S TOTAL LIABILITY EXCEED THE CONTRACT PRICE. CONTRACTOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR DAMAGE TO PERSONAL PROPERTY NOT DIRECTLY CAUSED BY CONTRACTOR'S GROSS NEGLIGENCE.

7. HAZARDOUS MATERIALS

CONTRACTOR DOES NOT TEST FOR, HANDLE, OR REMOVE ASBESTOS, LEAD PAINT, MOLD, OR OTHER HAZARDOUS MATERIALS. If such materials are suspected or discovered, work will stop immediately. Owner is responsible for professional testing and remediation at Owner's expense before work can resume. Contractor assumes no liability for hazardous materials. Additional charges may apply for remobilization.

8. Insurance and Indemnification

Contractor maintains general liability insurance. Owner agrees to maintain homeowner's/property insurance covering the premises during the work period. Owner shall indemnify and hold harmless Contractor from any claims arising from:

• Pre-existing conditions or defects
• Owner's failure to disclose known hazards
• Injuries to third parties not caused by Contractor's negligence
• Owner's breach of this agreement
• Claims related to hazardous materials

9. Delays and Force Majeure

Contractor shall not be held responsible for any damage or costs occasioned by delays resulting from: work done by Owner's subcontractors, extra work, acts of Owner or Owner's agent, failure to provide access, shortages of material and/or labor, weather conditions (including but not limited to rain, temperatures below 50°F or above 90°F, high winds), fire, strike, war, governmental regulations, pandemic, or any other contingencies unforeseen by Contractor or beyond Contractor's reasonable control. Completion dates are estimates only. Time is not of the essence.

10. Subcontractors

Contractor may subcontract pressure washing and surface preparation services only. All painting work will be performed by Premium Painting Inc. employees. Contractor maintains control over and responsibility for subcontracted washing services but is not liable for subcontractor's independent negligent actions beyond scope of work.

11. Color and Finish Approval

Owner must approve all colors, finishes, and sheen levels in writing before application. Paint will be applied to a test area for Owner approval when requested. Contractor is not liable for dissatisfaction with approved color selections or for variations in color matching due to substrate, lighting, or manufacturing differences.

12. Spray Application and Overspray

When using spray equipment, Contractor will use reasonable care including masking and shielding to prevent overspray. Owner acknowledges that some overspray may occur despite precautions, especially in windy conditions. Contractor is not liable for wind-carried overspray beyond Contractor's reasonable control.

13. Documentation

Contractor may photograph and video work areas before, during, and after work for documentation and marketing purposes. Owner's address will not be disclosed without permission.

14. Cleanup

Upon completion, Contractor will remove all debris and surplus materials and leave premises in a broom clean condition. Contractor is not responsible for paint dust that may settle after completion.

15. Right to Stop Work

If any payment is not made as per this contract, Contractor shall have the right to stop work and keep the job idle until all past due payments are received, without liability for delay. Any costs incurred by failure to access the work area will incur a charge of $100 per hour.

16. Dispute Resolution

All disputes shall first be submitted to mediation through a mutually agreed mediator. If mediation fails, disputes shall be resolved through binding arbitration under AAA Construction Industry Rules. Each party bears own attorney fees regardless of outcome, except for collection actions where prevailing party recovers fees.

17. Collection

Owner agrees to pay all collection fees and charges including but not limited to all legal and attorney fees that result should Owner default in payment of this contract. Overdue accounts are subject to interest as specified in Section 3.

18. Integration and Acceptance

This contract constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements. No oral agreements or understandings exist between the parties. Changes to this agreement must be in writing, signed by both parties. Changes may incur additional charges.

19. Cancellation Rights

BUYER'S RIGHT TO CANCEL: You, the buyer, have the right to cancel this contract within three (3) business days. You may cancel by e-mailing, mailing, texting or delivering written notice to the contractor at the contractor's place of business by midnight of the third (3rd) business day after you sign and date this contract.

20. Severability

If any provision of this contract is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.