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STANDARD TERMS AND CONDITIONS OF CONTRACT
<br />Fresh Paint Inc shall be referred to below as “Fresh Paint”. The party accepting this proposal of Fresh Paint shall be referred to below as “Client”. By signing this agreement Client certifies they own
<br />the property to be improved or are the authorized agent of the owner per Mn Statute 514.0411(2). If Client is not the owner, Client agrees to provide Fresh Paint with the name and address of the
<br />owner within 10 days of signing this agreement pursuant to Mn Statute 514.011(3).
<br />1.
<br />Fresh Paint will provide labor and equipment for the above described job for stated amount, and will proceed without delay from start to finish whenever possible. Materials are included in the job
<br />price only if so stated above.
<br />2.
<br />Fresh Paint will schedule the job and procure state materials on behalf of Client on receipt of a signed copy of this contract and the requested down payment. Down payments are non-refundable and
<br />will be applied against the account on the final statement.
<br />3.
<br />Fresh Paint assumes no liability to perform any work not specifically stated in the contract. Labor or material which is not expressly stated in the above job description will be provided for an extra
<br />charge. Fresh Paint will inform the Client of the nature of the extra charges before performing the extra work.
<br />4.
<br />Fresh Paint will carry public liability and workers compensation insurance coverage on the job to the limits and as required by the laws of this State, and upon request will have its agents provide a
<br />certificate of said coverage to Client by US mail or facsimile transmission.
<br />5.
<br />Unless stated above. Client is responsible for removing all personal property to a safe location away from the work area.6. To aid office/crew communication and the performance of Client’s job. Client agrees to provide water, electricity, lavatories, building access, and storage as deemed necessary by Fresh Paint for
<br />smooth operations. Arrangements for access to locked building will be made at time of scheduling.
<br />7.
<br />Client agrees to pay the full stated price immediately upon substantial job completion and/or issuance of an invoice by Fresh Paint. The term “substantial job completion” means complete to a
<br />substantial degree, but not necessarily through final touch-up.
<br />8.
<br />Client agrees to pay Fresh Paint a finance charge of 1.5% per month or portion thereof, but in no case to exceed the maximum legal rate, on any amount not paid within ten days after an invoice is
<br />issued by Fresh Paint. Client agrees to pay all reasonable attorney fees on costs and disbursements which Fresh Paint incurs as a result of Client’s failure to pay invoices in a timely manner, including
<br />those costs incurred in filing and foreclosing a Mechanic’s lien or otherwise instituting suit against Client for payment of monies due and owning, as well as post judgment interest, cost and
<br />reasonable attorney’s fees for collection.
<br />9.
<br />Fresh Paint shall not be liable to Client if the fulfillment of any of the terms of this agreement are delayed or prevented by riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts
<br />of God, inclement or cold weather, or by any other cause not within the control of Fresh Paint with which, by the exercise of reasonable diligence, Fresh Paint is unable to prevent.
<br />10.
<br />If Fresh Paint encounters lead based paint or any other material such as, but not limited to, asbestos or polychlorinated biphenyl (PCB) which by law is required to be abated and about which Fresh
<br />Paint has not been notified in writing prior to performing bid and entering contract. Fresh Paint will stop work and not be responsible for the abatement. Client will hold Fresh Paint harmless as to any
<br />liability resulting from such material unless Fresh Paint has specifically contracted for the abatement.
<br />11.
<br />Client agrees that the standard of quality for the job, unless expressly stated otherwise and as limited or modified on the face of this agreement or incorporated documents, will be that level of quality
<br />of finished project which a reasonable objective party would accept, as set forth in the PDCA P1-19 “Touch-Up Standard”. Touch-ups by Fresh Paint of damage caused by others will be performed on
<br />orders of client and will be compensated by client with a time and price adjustment.
<br />12.
<br />Client assumes responsibility for disposal of waste generated by the performance of this job unless expressly contracted by Fresh Paint.13. This agreement represents the entire agreement between the parties and all oral agreements made prior to or concurrently with the execution of this agreement, shall be merged into the agreement.
<br />Except as otherwise herein provided, no modification or cancellation of this agreement shall be effective unless in writing and signed by the parties hereto.
<br />14.
<br />This contract and any limited warranty is not assignable or transferable by Client without prior written agreement of Fresh Paint.15. Acceptance of this proposal by Client is expressly conditioned upon agreement to all terms and conditions contained herein. In the event of a conflict be- tween terms and provisions of this proposal
<br />and a subsequent written agreement entered by the parties, the former document shall govern.
<br />16.
<br />Client agrees to submit to binding arbitration for resolution of any disputes regarding the performance of the job or any of the terms and conditions contained herein, with the costs of arbitration being
<br />apportioned in the final judgment.
<br />17.
<br />This proposal may be voided by Fresh Paint if not accepted within 30 days.18.
<br />NOTICE OF LIEN RIGHTS IN THE STATE OF MINNESOTA
<br />Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for their contributions.a. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due
<br />them from us until 120 days after completion of the improvement unless we give you a lien waver signed by persons who supplied any labor or materials for the improvement and who gave you
<br />timely notice.
<br />b.
<br />PLEASE NOTE…
<br />Fresh Paint uses state of the art techniques on all jobs. In some cases we will specify additional prep or uncommon primers and surface conditioners to insure maximum bond - items you won’t find on most
<br />other bids - as based on ongoing research. Our best efforts at extending a job’s life, however, are no match for a building with structural, ventilation, or insulation problems, or excessive paint coats. Such
<br />problems will cause premature coating failure by allowing moisture, water vapor, or corrosives to destroy the bond between the coating and the surface, so it is in your best interest to correct these situations
<br />before or concurrent with the performance of this job. For more information on why coatings fail and how your can help prevent this, please consult the Fresh Paint report on paint problems and how they can be
<br />corrected, available free of charge upon request from Fresh Paint.
<br />2 YEAR LIMITED WARRANTY
<br />Fresh Paint warrants this job against paint coat failure caused by improper preparation or application of materials for a period of 2 (two) years from the date of this agreement, except in cases of new
<br />construction, where the warranty is limited to 1 (one) year. Claims must be made within the guarantee period, in writing, and within thirty days after the claimed condition has occurred. Failure to give timely
<br />written notice shall discharge Fresh Paint from any obligation under this warranty.
<br />If after inspection Fresh Paint determines the claim is covered under this warranty, Fresh Paint or its agents will repair any of these conditions free of charge. Conditions caused by abuse, neglect, improper or
<br />inadequate ventilation or insulation, inadequate exhausting or diverting a vapor, steam or moisture, structural defect, excessive or failing underlying coatings, deteriorated substrates, placing the finish in
<br />service prematurely, orders to apply finish to surfaces in adverse conditions, or any other pre-existing condition, circumstance or cause not within the control of Fresh Paint and not caused by improper
<br />application or preparation by Fresh Paint staff, are not covered. The foregoing shall be the only remedy of the Client under this warranty. In addition to specific limitations printed above and on the reverse
<br />side, all materials used in this job must be supplied by Fresh Paint or approved in writing by Fresh Paint in advance of us.
<br />If after inspection Fresh Paint determines that a claim is not covered under this warranty, the Client shall have no recourse against Fresh Paint. Fresh Paint will attempt to notify the Client on the reverse side of
<br />readily perceived problems that could cause coating failure, however failure of Fresh Paint to provide such a diagnosis shall in no way cause Fresh Paint to be liable for any past, present, or future problems,
<br />their correction and effects.
<br />This warranty is given as the exclusive warranty and remedy, and no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or purposes, are made.
<br />Fresh Paint shall not be liable for any special, incidental, or consequential damages.
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