These Terms & Conditions apply to any work performed and materials supplied by Level Five Painting, LLC (“Contractor”) and are incorporated into the estimate/invoice (“Invoice”) provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s signing of the Invoice, the Invoice, together with these Terms & Conditions, form a binding contract between the parties.
Scope of Work
The Contractor shall carry out and complete the painting work described in the Invoice in a workmanlike manner and shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties. If there is any discrepancy between any specification and any drawing, the description contained in the specifications shall prevail over the drawing.
Permits
The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by the Contractor under the Invoice (both governmental and private). The Customer represents and warrants to the Contractor that all permits and consents have been obtained prior to the scheduled commencement of any work and that the work contained in the Invoice is permitted by all applicable laws.
Invoice
The Invoice provided for painting services, painting preparation, or any other services is valid for 30 days from the time it is issued by the Contractor. Acceptance of the Invoice expressly constitutes acceptance of these Terms & Conditions and represents a binding contract between the parties.
Payment
Customer shall pay the Contractor the full amount of the Invoice, including all taxes and fees, as follows:
– Option 1: 50% down upon signing of the Invoice by the Customer, with the balance due upon completion of the work described in the Invoice.
– Option 2: 50% deposit upon signing of the Invoice by the Customer, 25% due seven days after the project starts, and the remaining balance due upon completion of the work.
– Option 3: If the Customer is billed on a monthly basis, payment is due within 30 days of receipt for the previous month’s services.Payment terms shall be stated on the Invoice. If the Customer fails to make payment within 14 days of the due date, the past due balance shall accrue interest at the annual rate of 18% or the highest rate permitted by law, whichever is lower.
Customer Representation and Obligations
The Customer warrants that the site is free of underground conditions, including, without limitation, pipes, cables, stumps, sprinklers, invisible fences, sewage drains, and waste materials, except as specifically disclosed to the Contractor prior to signing the Estimate. Where latent or underground problems exist, the Contractor shall be entitled to charge for additional work, supplies, or equipment necessary to complete the work or may suspend the work until the condition has been remedied. The Customer shall provide the Contractor with access to electricity and water.
Completion
The Contractor will use commercially reasonable efforts to complete the project within the promised time frame. However, the Contractor shall not be liable for any delay in the completion of the work under the Invoice.
Materials On-Site
Materials delivered to the site become the responsibility of the Customer. The Contractor accepts no responsibility for loss, damage, or expense after delivery of materials to the site for any reason. Any materials brought to or removed from the site that are in excess of the Contractor’s requirements under the Invoice remain the property of the Contractor, who shall have the right to enter the site for that purpose.
Maintenance After Completion
The Contractor is only obligated to perform the work specified in the Invoice. The proper maintenance of the site shall be the obligation of the Customer following completion of the work by the Contractor, unless otherwise agreed in writing by the parties.
Damages
Under no circumstances shall the Contractor be liable for any special, incidental, or consequential damages.