DEFINITIONS

 

Customer – Customer, as referred to in this document, is understood to mean the person or entity having the authority to contract for the work performed hereunder and identified as the “customer” on this Agreement. If Customer has a spousal or familial relationship, each adult respectively represents and warrants that they each have the authority to sign this Agreement, any Change Orders, and accept work as complete, on behalf of the other.

 

Company – Company, as referred to in this document, is understood to mean Arclight Painting LLC, and all employees of Arclight Painting LLC, hereafter identified as the “Company” on this Agreement.

 

Agreement - Agreement, as referred to in this document, is the manifestation of mutual assent by Customer and Company to one another, and is made through offer and acceptance of quote or proposal.

 

Paint – Paint, as referred to in this document, is understood to mean a liquid resinous coating, and is understood to include all paints, stains, primers, etc.

 

Scope of Work – Scope of Work, as referred to in this document, is the detailed description of the work to be performed as part of the Agreement, where all expected tasks and deliverables are itemized and explained with the purpose of aligning expectations between Customer and Company. The Scope of Work is detailed in the written quote or proposal upon which this Agreement is based.

TERMS

 

Preparation – In general, Company agrees to prepare all surfaces to a minimum of a Level 3 (Superior) standard unless otherwise specified: This surface preparation level incorporates added emphasis on the quality of appearance of painted surfaces. This level of surface preparation includes filling, patching, taping cracks in drywall and properly dealing with “nail pops,” approximate matches to existing textures, and thorough sanding to minimize existing runs, sags, brush/roller marks, and the surface profile of cracked and peeling areas, and other existing surface defects. Under this level of preparation, the general surface profile is retained but defects causing abrupt surface profile differences exceeding 1/16 inch will be corrected.

 

Scraping – Scraping of loose and peeling paint will be done with the goal of ensuring a firm base for the new coating. Existing coatings are considered adherent if they cannot be lifted with a dull putty knife. Customer acknowledges and agrees a properly scraped substrate may, upon application of a primer coat, begin peeling anew due to additional stress primer coat places on existing coatings. Customer acknowledges and agrees, paint that peels upon application of primer coat and after proper scraping, is unforeseeable and Company will not be liable for additional scraping work. Avoidance of this situation requires complete stripping of existing coatings prior to primer application.

 

Filling – All cracks and holes will be patched, and rough or uneven substrates will be smoothed, with a material such as spackle, drywall compound, sealants, or putty to seal surfaces to be painted. Company does not guarantee these surfaces will be rendered to their original state or be indistinguishable from adjacent surfaces. 

 

Caulking – Unless otherwise specified, caulk will only be applied where painting will occur on both adjacent surface areas. PLEASE NOTE: Company will NOT caulk expansion joints or butt joints even if previously caulked unless it is specifically written into the Agreement.

 

Priming – Unless otherwise specified, primer will only be applied to areas to be painted where no paint currently exists including areas that have rusted. Primer may also be applied to all bare or repaired surfaces where adhesion may be a problem. Company may tint the primer at its discretion. 

 

Pressure Washing – All exterior surfaces to be coated will be washed using 3000 psi or greater pressurized water to obtain a sound substrate. Company does not guarantee chalk, rust stains, and stains caused by acid rain or runoff from roof shingles will be removed. Cleaning of windows before or after power washing, and cleaning out of leaves and other debris from gutters is not included unless specifically written into the Agreement.​

 

CONDITIONS

 

Hidden Conditions – If, after commencement of painting services, Company finds a defect in any surfaces to be painted, which must be corrected to satisfactorily complete the Agreement, but which could not reasonably have been detected during Company’s original inspection, Company shall immediately inform Customer of such defect. Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer acknowledges and agrees to pay such fee.

 

Color Changes – Customer acknowledges and agrees, that a request to change color(s) after the commencement of the painting services, will result in additional labor and paint costs. Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer acknowledges and agrees to pay such fee.

 

Color Consultations – Color consultations can be scheduled directly with Victoria Hedgecock of ColorPsych (206-229-8928 or colorpsych@yahoo.com.) Customer shall be responsible for paying 50% of the consultation fee, with the Company paying the balance. The Color Consultation must be scheduled a minimum of one week prior to the tentative start date of the project. Company’s sole obligation for a Color Consultation is to present colors for customer selection.  Company shall not make any selections relating to color, and any advice related to color selection should be construed as general in nature. Customer acknowledges and agrees that Company makes no assurances or guarantees that a color selection will be satisfactory.

 

Perfect Match – Where colors or finishes are to be matched either to an existing color or between one manufacturer and another, Company will make a reasonable effort to do so using standard methods from Company’s local suppliers, but Company does not guarantee a perfect match.

 

Damage due to Removal or Replacement – Customer acknowledges and agrees, that certain items on a house or structure are fragile and may break during removal and replacement involved in the painting process. These items include, by way of example, plastic house numbers, window brackets, outlet covers, window blinds, and/or gutters components. Customer acknowledges and agrees that Company will not be responsible for the repair or replacement cost of any such damaged items.

 

Damage due to Moving Personal Property – Customer acknowledges and agrees, it is the Customer's responsibility to move all personal property away from the painting area.  Certain personal items such as appliances, large furniture pieces, pianos, heavy grills, etc. are difficult to move.  In certain instances, Company may help the customer move items to complete the painting project.  During the personal property movement damage to floors, nearby walls, siding, or other personal property, or the item itself may occur.  Customer acknowledges and agrees that Company will not be responsible for the repair or replacement cost of any such damaged items.

 

Lift Work – Occasionally the contracted work will be safer and more efficient when performed with man lifts.  Customer acknowledges and agrees, that utilizing heavy equipment can cause incidental and unpreventable damage to the ground, surrounding landscaping, or vegetation.  Further, Customer acknowledges and agrees, Company will not be responsible for damage arising from the use of heavy equipment.

 

Electrical Issues – Customer acknowledges and agrees that Company may use water during the exterior painting process. The application of water to the structure may cause certain electrical outlets or other electrical connections to malfunction. Customer acknowledges and agrees that Company will not be responsible for the repair or replacement cost of any such damaged items.

 

Number of Coats of Paint – Due to the inexact nature of paint coverage, Customer acknowledges and agrees that the number of coats of paint designated in the Scope of Work may not sufficiently cover old paint, due to paint variations, sheen changes, the color selected, or paint soaking into unsealed or dry surfaces. If the number of coats of paint designated in the Scope of Work is not sufficient to achieve a satisfactory appearance, Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee for applying additional coats as requested by Customer.

 

Gutters and Downspouts – Unless otherwise stated in the Agreement, all gutters and downspouts will be painted in place. If Customer wants the gutters and/or downspouts removed for painting, Customer acknowledges and agrees that Company has the right to charge an additional fee, and Customer agrees to pay such fee for performing such work.

 

Shutters – Unless otherwise stated in the Agreement, shutters will be removed prior to painting and installed after the painting is completed.  See “Damage due to removal or replacement.”

 

Storm Windows – Unless otherwise stated in the Agreement, storm windows will not be removed from the windows for painting purposes. If Customer wants the storm windows removed for painting, Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee, for performing such work.

 

Substitute Materials – Company reserves the right to substitute materials that are equivalent in quality to those specified on this Agreement, in the event Company is unable to obtain specified materials in a timely manner from its usual supplier.

 

Carpentry Work – Customer acknowledges and agrees, that carpentry work requires a specialized knowledge and tools.  Further, Customer acknowledges and agrees that carpentry work will be completed on a time and material basis billed at $83.75/man-hour.  [See “Time & Materials Charges.”]

 

Time & Material Charges – In the event the Agreement allows for and requires Company to perform work on a Time & Materials (T&M) basis, Customer acknowledges and agrees that Company shall calculate all hours on a per-man basis. The effective T&M rate will be $74.95/man-hour for all non-carpentry work.

 

Wallpaper Removal – Customer acknowledges and agrees that due to the nature of wallpaper removal, it is difficult to detect a variety of possible factors hidden by the wallpaper itself. Factors such as multiple layers of wallpaper, non-primed walls, excessive glue applications, and other conditions hidden by the wallpaper will require additional work over and above standard wallpaper removal. If wallpaper removal is designated on this Agreement, Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee for correcting any unforeseen condition hidden by the wallpaper.

 

Window Glass – Customer acknowledges and agrees that window glass may require cleaning by Customer after the painting process. Company will take reasonable steps to remove any paint inadvertently applied to the glass. Customer acknowledges and agrees that Company will not clean any items off the glass (including streaks, dirt, debris, or old paint) other than freshly applied paint.

 

Windows Painted Shut – Customer acknowledges and agrees that due to the nature of painting, windows are often painted shut from PREVIOUS paint applications. Customer acknowledges and agrees that Company shall not be held liable for any window glass, screen, or wooden frames that are broken or otherwise damaged while attempting to open windows that have been previously painted.

GENERAL CONDITIONS

 

Scheduling – To be fair to all our customers, jobs are scheduled in the order in which they are booked, defined as receipt of a signed Agreement and deposit. Job scheduling shall be deemed approximate and performance by Company is subject to delays caused by weather, strikes, fires, acts of God, or other reasons not under the control of Company, as well as the availability of the required products and materials. Delays caused by such events do not constitute abandonment or breach of the Agreement and shall not be included in calculating time frames for payment or performance.

 

Promotion/Advertising – The customer authorizes the Company to display a yard sign for the duration of the job, and to use photographs taken at the jobsite for display, promotion, and advertising, without compensation to the Customer.

CUSTOMER RESPONSIBILITIES

 

Clear Work Environment – Customer acknowledges and agrees, Customer is responsible for maintaining a clear work environment.  Customer agrees to remove and keep clear any personal possessions or belongings within 30 ft of the work environment.  Customer is responsible for keeping visitors, children, and pets clear of the work area and Customer agrees to defend, indemnify, and hold harmless Company and its directors, officers, employees, agents, and representatives from and against any claim, demand, cause of action, loss, liability or expense (including attorneys’ fees) arising from or in connection with any loss of, damage to, or destruction of any property (real or personal) of any third parties or Customer, or injury or death to any third parties, Customer, visitors, children, or pets regardless of whether the party to be indemnified was concurrently negligent.

 

Vegetation – Customer acknowledges and agrees that all vegetation must be trimmed back at least two (2) feet from included substrates to allow access for painting.  Company will not be responsible for damage to trees, shrubs, or landscaping resulting from the completion of the work agreed to in the Agreement.

 

Dry Time – Customer acknowledges and agrees to leave all windows and doors open for drying purposes for the time specified by the paint manufacturer.  If windows or doors are closed prematurely and, as a result, the windows or doors need additional work to rectify their condition, Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee.

 

Other Contractors – Customer shall be fully responsible for coordinating the work of other separate Contractors and of its own workforces, suppliers, and agents with the Company project and shall reimburse Company for any delays or damages resulting from the acts or failures to act in a timely manner of other such separate Contractors or suppliers or of Customer or Customer’s agents. Company assumes no responsibility for work done by others and shall not be liable for damages or defects occasioned by the neglect, negligence, or actions of others. If Company incurs expense resulting from repair or replacement of any part of Company’s work because of damage to that work caused by the failure, repair, or replacement of the work of others, that expense shall be added to the Agreement price and Customer agrees to pay such added expense, and the extra work shall be deemed to have been required by the Agreement.

 

Customer Performed Work – All work to be performed by Customer must be performed without interfering with the production schedule of Company. Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee, for any cost for repair, adjustment, replacement, removal, and reinstallation or service of these items by Company.

 

Customer Supplied Materials – In the event Customer is to supply materials for the project as designated on this Agreement, Customer acknowledges and agrees to have all materials required to finish the project delivered to the job site prior to commencement of the work. Company assumes no liability for Customer supplied materials. In the event Customer fails to have the required materials on the job site prior to the commencement of the work, Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee, for obtaining the required materials. In the event additional materials are required after the commencement of the work, Customer acknowledges and agrees to immediately obtain the required materials at Customer’s sole expense. In the event Customer fails to provide the additional materials required to complete the work within one (1) hour of notification, Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee, for obtaining the additional materials.

 

Color Selections – The color(s) to be used for the work shall be selected by Customer at least seven (7) days prior to the commencement of the painting services. Failure to provide colors within this time frame may result in additional labor and paint costs, due to the inability to source materials prior to job commencement. Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer acknowledges and agrees to pay such fee.

 

Color Matching – Customer acknowledges and agrees that if Match Existing is listed under the color on this Agreement, then Customer will get the appropriate color name, manufacturer, and type to Company no later than seven (7) days prior to commencement of the work. In the event Customer does not know, nor has no way of knowing the color information, Company will attempt to match the colors. Company will take reasonable steps to ensure accuracy by utilizing industry-approved methods, but Company cannot guarantee that the colors will match exactly. If Customer is not satisfied with the color match, Customer shall provide written notice to Company within one (1) day of the paint color first being applied to the project. If Customer provides timely notice to Company of their dissatisfaction with the color match, Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee, for repainting such areas requested by Customer. If Customer fails to provide timely notice to Company of its dissatisfaction with the color match, Customer shall be deemed to be satisfied with, and to have accepted, the color match.

 

Trash – Customer will designate a location on the job site for the temporary storage of trash. Company will clean by sweeping the work area and will remove all trash created by the work from the premises upon completion of work.

 

Storage – Customer will make suitable space available on the job site for storage of job-related materials and equipment. Customer shall be solely responsible for damage, loss, or theft of materials stored on the job site.

 

Bathroom – Customer will make a bathroom available to Company employees and sub-contractors working on the project. If customer chooses not to make a bathroom available, customer acknowledges and agrees to pay a $250 dollar fee per week for a portable toilet solution to be implemented. This fee is over and above the contract amount.

Weather – Customer acknowledges and agrees that Company cannot change its work schedule based on customer preferred weather. If a weather event could conflict with the painting process, Customer acknowledges and agrees that it will be Company’ sole discretion as to whether to proceed with work. 

 

Work Times – Customer will make the workplace available to Company’ workers for work Monday-Saturday between 8:00 a.m. and 5:00 p.m. If windows or doors are to be painted on this Agreement, Customer acknowledges and agrees to make suitable arrangements to have the windows and doors unlocked so as not to interfere with Company’s production schedule. If windows or doors are locked, Company will paint them in a shut position. As a result, if Company needs to return to finish painting areas that were locked once they are reopened, Customer acknowledges and agrees that Company shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee, for performing such work.

INDUSTRY STANDARDS

 

All surface preparation, coating application, and/or wallcovering installation will follow industry standards as defined by the Painting Contractors Association (PCA) available here: https://www.pcapainted.org/industry-standards/.

Upon substantial completion of work, Customer agrees to conduct a final inspection of the work with a Company representative in order to ensure these standards have been met. All defects and uncompleted items should be noted at this time. Per PCA standards, the inspection must occur under normal lighting conditions (i.e., no spotlight or flashlight), without magnification, and from a normal viewing position (39 inches from the painted surface), in accordance with the PCA Standards.

 

LIMITED WARRANTY

 

Subject to the limitations set forth below, for a period of FIVE years from the date of completion of the work described on the Agreement, the Company will repair any peeling, blistering, or chipping paint resulting from defective workmanship.

THIS LIMITED WARRANTY DOES NOT COVER: Any work where the Company did not supply the paint or other materials; Any work which was not performed by the Company; clear-coated surfaces; Surfaces made of, or containing, galvanized metal; any surface that, by virtue of its design permits moisture to collect - including decks, railings, stairs, porches, and wood gutters; Bleeding caused by knots, rust or cedar; or Cracks in drywall, plaster or wood caused by settling or movement. 

 

Peeling, blistering, or chipping where they are caused by: abnormal use or misuse; peeling of layers of paint existing prior to the work performed by the Company;  structural defects; settling or movement; abrasion, mechanical damage, abuse, or damage resulting from use of chemicals or cleaning agents or exposure to harmful solids, liquids or gases; damage or defects caused in whole or in part by reason of fire, explosion, flood, acts of God, extreme weather conditions, misuse, alterations, abuse, vandalism, negligence, or any other similar causes beyond the control of the Company are also not covered.

 

Repairs under this limited warranty will be performed only on the specific areas where peeling, blistering or chipping has occurred and only to the level of surface preparation described in the preparation section of this Agreement.

FOR THIS WARRANTY TO BE VALID, CUSTOMER MUST: Pay the full contract price, retain a copy of the original Agreement, and make the property accessible to Company workers to perform the repairs.

 

THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE BY THE COMPANY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY THE COMPANY TO THE ORIGINAL PURCHASER NAMED ON THE CONTRACT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES IN EXCESS OF THE ORIGINAL CONTRACT PRICE. THIS WARRANTY MAY NOT BE ALTERED OR EXTENDED FOR ANY PURPOSE UNLESS DONE SO IN WRITING IN A DOCUMENT EXECUTED BY ALL PARTIES TO THIS AGREEMENT.

 

This warranty gives Customer specific legal rights. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

For warranty service, Customer should contact the Company to schedule an inspection of the property by sending an email to info@arclightpainting.com or calling 425.757.1199.

 

CANCELLATION POLICY

 

Cancellation by Company – Company may cancel this Agreement at its sole discretion at any time prior to the commencement of work. If cancellation occurs after work commences, Customer acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below.

 

Cancellation by Customer Before Work Begins – Customer may cancel this Agreement at any time prior to midnight of the third business day after the date of this Agreement. In the event of cancellation before the commencement of work, but after three (3) days, Customer agrees to pay to Company 20% of the Agreement amount as liquidated damages and not as a penalty. Company may waive the 20% cancellation fee at its sole discretion. If cancellation occurs at any time after receiving a Color Consultation, as defined above, Customer agrees to reimburse Company for the 50% balance of the consultation fee. In the event of cancellation, before work begins, Customer agrees to reimburse Company for any actual expenses incurred relating to the canceled Agreement including non-returnable materials purchased, and work performed in anticipation of project commencement. Upon request, Company shall return any materials purchased to Customer in the event of cancellation. If cancellation occurs after work commences, Customer acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION policy as defined below.

 

Termination Before Substantial Completion – In the event that either Customer or Company desires to terminate this Agreement after work has commenced, but prior to achieving SUBSTANTIAL COMPLETION as defined below, Customer shall immediately, upon receipt of an invoice from Company, make payment to Company for all work completed, for losses sustained by Company for materials, equipment, tools, machinery, for the loss of the overhead costs and anticipated profit that Company would have made upon completion of the work in accordance with the Agreement. Calculations concerning work performed including drive time will be calculated at Company sole discretion. In the event Customer fails to pay the balance owed within five (5) days of receipt of an invoice from Company, Company may proceed to collect such payment in any manner provided for herein.

 

Rescheduling Work – If Customer wishes to change a prescheduled work start time, Customer will do so in writing to Company a minimum of seven (7) days prior to the tentative start date of the project. If Customer fails to notify Company in writing of a requested change in start date, but nonetheless refuses to let Company proceed with work on a day Company has previously scheduled, Customer agrees to pay to Company a fee equal to 20% of the Agreement amount as liquidated damages and not as a penalty. Customer acknowledges and agrees that it will be Company’s sole discretion as to whether the rescheduling of a project may be accommodated, and if not will be treated as a cancelation by Customer.

CONTRACTUAL DETAILS

 

Altering Agreement – No modification of this Agreement, and no authorization for extra or additions or for eliminations or changes shall be binding on Company, unless it is in writing and signed by a duly authorized representative of Company.

Assignment: Neither party shall assign this Agreement without the prior written consent of the other party.

 

Binding – This Agreement shall ensue to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.

 

Damage/Deficiencies – Subject to the warranty provision in this Agreement, if Customer makes or wishes to make a claim in relation to any work performed by Company, Customer acknowledges and agrees to notify Company in writing and shall then permit Company or its agents to inspect the work complained of and make any necessary corrections and repairs in order to correct any deficiency that may exist in the work performed. The sole obligation of Company in relation to any such claim is to repair or correct any such deficiencies at its own expense, to the extent Company does not dispute such deficiencies. The failure of Customer to permit Company or its agents to make the necessary correction or repairs fully releases Company or its agents from any and all liability in relation to the complained of work and renders any warranties, whether actual or implied, null and void.

 

Errors, Inconsistencies, or Omissions – Company shall not be liable for any errors, inconsistencies, or omissions in the Agreement documents.

 

Full Agreement – This Agreement contains the entire agreement of the parties with respect to the subject matter herein.  This Agreement supersedes any prior agreements, understandings, or negotiations, whether written or oral.  This Agreement can only be amended through a written document formally executed by all parties.

 

Oral Agreement – If Company commenced any part of the work provided for by this Agreement under oral agreement prior to the execution of this Agreement, this written Agreement shall apply thereto in the same manner as if made before the work commenced.

 

Severability – In case any provision (or portion thereof) of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, except in those instances where removal or elimination of such invalid, illegal or unenforceable provision would result in a failure of consideration hereunder, such invalidity, illegality or unenforceability shall not affect the remaining provisions and the remaining provisions shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.  The captions and headings used in this Agreement are for reference only and shall not be construed in any way as terms or used to interpret the provisions of this Agreement.

 

DISPUTE RESOLUTION AND GOVERNING LAW – This Agreement shall be governed and construed by the laws of the State of Washington excluding any choice of law rules that may direct the application of the laws of another jurisdiction. In the event, any controversy or claim arising out of or relating to this Agreement arises (“Dispute”), the parties shall attempt to resolve the Dispute through good faith negotiations. Should the parties fail to resolve such Dispute, then the Dispute will be finally settled by arbitration administered by the American Arbitration Association, Construction Industry Rules. The place of arbitration will be Seattle, WA, United States of America. Notwithstanding the foregoing, Company shall have the right to file or pursue a mechanic’s lien claim as outlined in the below notice.  The prevailing party will be entitled to an award of reasonable costs, expenses, and attorney fees.  Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Collection Costs – If Company is required to engage the services of a collection agency or an attorney, Customer acknowledges and agrees to reimburse Company for any and all attorneys’ fees and associated costs, incurred in the collection process.

 

Compensation – Customer will pay to Company the total Agreement price in accordance with the payment terms, all as referred to on this Agreement. Past due amounts will bear interest at the rate of 1.5% a month (being 18% per annum) from the due date. Past due amounts are any amounts not paid by Customer at the time of Substantial Completion, or in the event the work is completed. In the event an invoice for work is generated, payment is due upon Customer’s receipt of said invoice. Past due amounts are any amount, including late fees, not paid by Customer within 30 days of the date of the invoice.

 

Counter Suit – If Customer files a counterclaim against Company in any mechanics’ lien or other legal action, then Company shall be entitled to recover all costs, attorneys’ fees and expenses of litigation incurred in the defense of said action.

 

Reversal of Payment – In the event Customer makes a payment as required under this Agreement, and then subsequently reverses payment either in the form of a stop payment on a check or a chargeback on a credit card payment, Customer acknowledges and agrees that such act is a breach of this Agreement by Customer. In such case, Customer acknowledges and agrees that Company is relieved of its responsibility to perform any further work on the project until payment is made in full for the entire Agreement amount and any other amounts due pursuant to this Agreement. Customer agrees to pay an administration fee of $50.00 for any NSF (nonsufficient funds) checks or checks subsequently canceled via a stop payment. Customer agrees to pay an administration fee of $50.00 for any credit card tendered as payment but subsequently charged back by the issuing bank. Customer acknowledges and agrees that in the interim Company shall have the right to pursue collection of such payment.

 

SUBSTANTIAL COMPLETION – Substantial completion is the stage in the progress of the work when Company determines in its sole discretion that it is prepared to schedule a meeting to inspect the work in accordance with the Agreement.  Customer acknowledges and agrees that upon reaching substantial completion, final payment is due in full.  Further customer agrees that touch-ups and deficiency correction are not valid reasons for withholding final payment in full and interest on late payments shall be calculated from the date of substantial completion.

 

LIMITATION OF LIABILITY – IN NO EVENT WILL ARCLIGHT PAINTING BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, WHETHER UNDER CONTRACT, TORT, WARRANTY OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS PROPOSAL OR ANY OTHER RELATED AGREEMENT, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

 

TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF ARCLIGHT PAINTING AND ITS AFFILIATES EXCEED THE PURCHASE PRICE OF THIS AGREEMENT, WHETHER ARISING UNDER WARRANTY/GUARANTEE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, DEFENSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER.

CUSTOMER’S REMEDIES ARE LIMITED TO THOSE REMEDIES EXPRESSLY STATED IN THIS AGREEMENT, AND THESE REMEDIES WILL NOT FAIL THEIR ESSENTIAL PURPOSE BECAUSE CUSTOMER IS LIMITED TO THE EXCLUSIVE REMEDIES AS STATED HEREIN.

 

Execution of any Agreement between Company and Customer is conditioned upon acceptance of the Terms and Conditions referenced herein.

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