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Standard Terms and Conditions of Contract
<br />1. 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
<br />agreement Client certifies they own 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
<br />agrees to provide Fresh Paint with the name and address of the owner within 10 days of signing this agreement pursuant to Mn Statute 514.011(3).
<br />2. 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.
<br />Materials are included in the job price only if so stated above.
<br />3. 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
<br />payments are non-refundable and will be applied against the account on the final statement.
<br />4. 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
<br />will be provided for an extra charge. Fresh Paint will inform the Client of the nature of the extra charges before performing the extra work.
<br />5. 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
<br />will have its agents provide a certificate of said coverage to Client by US mail or facsimile transmission.
<br />6. Unless stated above, Client is responsible for removing all personal property to a safe location away from the work area.
<br />7. 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
<br />necessary by Fresh Paint for smooth operations. Arrangements for access to locked building will be made at time of scheduling.
<br />8. 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
<br />completion” means complete to a substantial degree, but not necessarily through final touch-up.
<br />9. 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
<br />within ten days after an invoice is issued by Fresh Paint. Client agrees to pay all reasonable attorney fees on costs and disbursements which Fresh Paint incurs as a
<br />result of Client’s failure to pay invoices in a timely manner, including those costs incurred in filing and foreclosing a Mechanic’s lien or otherwise instituting suit against
<br />Client for payment of monies due and owning, as well as post judgment interest, cost and reasonable attorney’s fees for collection.
<br />10. 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
<br />emergencies, strikes, floods, fires, acts of God, inclement or cold weather, or by any other cause not within the control of Fresh Paint with which, by the exercise of
<br />reasonable diligence, Fresh Paint is unable to prevent.
<br />11. 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
<br />abated and about which Fresh Paint has not been notified in writing prior to performing bid and entering contract. Fresh Paint will stop work and not be responsible for
<br />the abatement. Client will hold Fresh Paint harmless as to any liability resulting from such material unless Fresh Paint has specifically contracted for the abatement.
<br />12. 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
<br />documents, will be that level of quality of finished project which a reasonable objective party would accept, as set forth in the PDCA P1-19 “Touch-Up Standard”. Touch-
<br />ups by Fresh Paint of damage caused by others will be performed on orders of client and will be compensated by client with a time and price adjustment.
<br />13. Client assumes responsibility for disposal of waste generated by the performance of this job unless expressly contracted by Fresh Paint.
<br />14. This agreement represents the entire agreement between the parties and all oral agreements made prior to or concurrently with the execution of this agreement,
<br />shall be merged into the agreement. Except as otherwise herein provided, no modification or cancellation of this agreement shall be effective unless in writing and
<br />signed by the parties hereto.
<br />15. This contract and any limited warranty is not assignable or transferable by Client without prior written agreement of Fresh Paint.
<br />16. 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
<br />terms and provisions of this proposal and a subsequent written agreement entered by the parties, the former document shall govern.
<br />17. 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,
<br />with the costs of arbitration being apportioned in the final judgment.
<br />18. This proposal may be voided by Fresh Paint if not accepted within 30 days.
<br />Notice of Lien Rights in the State of Minnesota
<br />a. 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
<br />their contributions.
<br /> b. 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,
<br />or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waver signed by persons who supplied any
<br />labor or materials for the improvement and who gave you timely notice
<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
<br />bond - items you won’t find on most other bids - as based on ongoing research. Our best efforts at extending a job’s life, however, are no match for a building with
<br />structural, ventilation, or insulation problems, or excessive paint coats. Such problems will cause premature coating failure by allowing moisture, water vapor, or
<br />corrosives to destroy the bond between the coating and the surface, so it is in your best interest to correct these situations before or concurrent with the performance of
<br />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 WARRENTY
<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
<br />agreement, except in cases of new construction, where the warranty is limited to 1 (one) year. Claims must be made within the guarantee period, in writing, and within
<br />thirty days after the claimed condition has occurred. Failure to give timely written notice shall discharge Fresh Paint from any obligation under this warranty. If after
<br />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
<br />caused by abuse, neglect, improper or inadequate ventilation or insulation, inadequate exhausting or diverting a vapor, steam or moisture, structural defect, excessive or
<br />failing underlying coatings, deteriorated substrates, placing the finish in service prematurely, orders to apply finish to surfaces in adverse conditions, or any other pre-
<br />existing condition, circumstance or cause not within the control of Fresh Paint and not caused by improper application or preparation by Fresh Paint staff, are not
<br />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 side, all materials
<br />used in this job must be supplied by Fresh Paint or approved in writing by Fresh Paint in advance of us. If after inspection Fresh Paint determines that a claim is not
<br />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 readily perceived
<br />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,
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