Terms & Conditions:
Terms:
We agree to provide all necessary labor, materials, and supplies required to carry out the services specified in this contract, in accordance with the terms and conditions outlined herein. Upon completion of the services, our team will ensure that all materials, supplies, and debris are removed from the premises.
1. Scope of Work/Project Description:
Please carefully review the job description and note that we are only obligated to perform the tasks specified in the estimate. Any additional work or changes will be subject to additional charges.
2. Paint/Materials:
The estimate includes all costs associated with paint and materials. To ensure that we have ample time to prepare and execute your project to the highest standards, we kindly request that you select your desired colors at least one week prior to the project start date. This will allow us to order the necessary materials and make any necessary preparations in a timely manner. Any changes to the selected colors after work has commenced may result in additional charges. All surfaces will be given two (2) coats of paint by default unless otherwise specified in the estimate. Some accent colors may require more than two coats to achieve the desired appearance. If such colors are chosen, the customer will be informed of any additional costs before work begins in that area.
3. Unforeseen Conditions & Change Orders:
While we always strive to complete every project according to plan, unexpected issues may arise. If any unforeseen repairs are necessary or additional work is requested, we will promptly notify you and prepare an additional work order for your approval. Once approved, payment for the additional work is required before work resumes.
4. Customer Responsibility:
The job site must be free of debris and clean prior to our arrival. The work area must be clear of other trades. The customer must be available for a final walkthrough with the crew lead on the last day of the project. The customer is responsible for removing and replacing all wall hangings and ensuring pets are removed from the work area.
5. Work Standards:
Our company adheres to industry-standard work protocol and craftsmanship. Our painters will remain on-site until the project is fully completed. A “properly painted surface” is one that is uniform in color and sheen, free of foreign material, lumps, skins, sags, holidays, misses, strike through, or insufficient coverage. It is a surface free of drips, spatters, spills, or over-spray caused by the contractor's workforce. Compliance to the criteria of a “properly painted surface” shall be determined when viewed without magnification at a distance of five feet or more, under normal lighting conditions, and from a normal viewing position.
6. Warranty:
We stand behind the quality of our work and the materials we use. We offer a warranty on labor and materials for three (3) years following the completion of the project. This warranty does not extend to incidental damage caused by accident or abuse, normal wear and tear, temperature changes (such as hail, wind, snow, or moisture), or cracks caused by expansion. This warranty is in lieu of all other warranties expressed or implied. Our responsibility is limited to correcting the condition as indicated above. Warranty does not cover color fading due to sunlight.
7. Cancellation:
The customer may cancel the project within three days of accepting the estimate by emailing us. Cancellation after this period may result in forfeiture of the deposit.
8. Acceptance:
Please signify your acceptance of this estimate by clicking on the "Accept" button and signing virtually.
9. Payment:
Work cannot begin until the deposit is received. The remaining balance of the total is due upon completion of the project, the agreed upon payment schedule. Any delay in payment may result in additional charges or work stoppage.
Clarifications:
Complete clean up will be observed at the end of each working day. The customer will be responsible for removing and replacing all wall hangings. The painting contractor will not be responsible for damage done to valuables left in the work area. For the safety of your pets and to assist in retaining top quality, all pets are to be removed from the work area during the painting work. We request the customer and family refrain from entering the work area while work is being done and between shifts. This precaution will prevent the possibility of tracking paint in areas where work is not being done. Von Stroke Painting is not responsible for latent damage or damage caused by others after surfaces are properly painted. All added work from damage will be billed separately. Due to concealed conditions of existing wall coverings, it is impossible to estimate the labor of removal and preparation necessary to achieve a properly painted or wallpapered surface. Under normal conditions, wall covering can be removed properly without damage to the surface; however, sometimes the substrate has not been sealed properly, or other hidden conditions may exist. Due to these factors, all wallpaper removal will be billed separately for the cost of labor and materials. Any and all changes in colors or sheen will be considered an extra. Extras will be billed as "Time & Material". Material mark up is 20% of our cost. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by worker’s compensation and liability insurance. Please contact our office for a copy of the Certificate of Insurance. Notes Von Stroke Painting is not responsible for latent damage or damage caused by others after surfaces are properly painted. All added work from damage to be billed separately. Workers are instructed not to undertake additional work without authorization. If trade interference occurs, Von Stroke Painting may leave the job, and additional charges may be incurred.
Late fees:
Terms and Conditions: Late Fees on Unpaid Invoices
1. Late Fee Assessment
1.1. Late Fee Policy:
A late fee of 5% of the outstanding invoice amount will be applied for each day that an invoice remains unpaid after its due date.
1.2. Invoice Due Date:
The due date for payment is specified on the invoice and is based on the date of issuance or as otherwise agreed upon in the contractual agreement.
2. Calculation of Late Fees
2.1. Daily Accrual:
The late fee will accrue daily, beginning on the day immediately following the invoice due date and continuing until the invoice is paid in full.
2.2. Calculation Method:
The late fee is calculated as 5% of the unpaid invoice amount per day. For example, if an invoice amount is $1,000, the daily late fee would be $50 ($1,000 × 5%).
3. Payment Application
3.1. Application of Payments:
Payments made towards an outstanding invoice will first be applied to any accrued late fees before being applied to the principal invoice amount.
3.2. Notification:
Von Stroke Painting will notify the Client of the accrued late fees and the total amount due, including any daily late fees, through an updated invoice or statement.
4. Dispute and Resolution
4.1. Dispute Resolution:
Any disputes regarding the late fees must be communicated in writing to Von Stroke Painting within 5 business days from the date the late fees are applied.
4.2. Resolution Process:
Von Stroke Painting will review and respond to disputes in a timely manner and will provide a resolution or adjustment as deemed appropriate.
5. Termination of Services
5.1. Suspension of Services:
Failure to remit payment, including late fees, may result in the suspension of services until the outstanding balance is paid in full.
5.2. Termination:
Continued non-payment after 30 days past the due date may result in the termination of the Client’s account or service agreement.
6. Legal Compliance
6.1. Governing Law:
This policy and any disputes related to late fees will be governed by and construed in accordance with the laws of the State of New Jersey.
6.2. Sever-ability:
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
6.3. New Jersey Law Compliance:
The late fee policy complies with New Jersey’s statutory requirements, including the provisions of the New Jersey Consumer Fraud Act and any applicable statutes concerning interest and late fees. Specifically, late fees and interest charges will be assessed in a manner consistent with New Jersey law and regulations governing fair and reasonable charges.
7. Amendments
7.1. Policy Changes:
Von Stroke Painting reserves the right to amend this Late Fee Policy at any time. Clients will be notified of any changes to the policy through written communication.
By continuing to use Von Stroke Painting’s services, Clients agree to the terms and conditions outlined above regarding late fees on unpaid invoices.
Cabinet Warranty
LIMITED THREE YEAR WARRANTY
Subject to the limitations set forth below for a period of 36 months from the date of completion of the work described on the front of this contract. Throughout this agreement, Von Stroke Painting, will be referred to as the “contractor”.
WARRANTY OF THE WORK:
◊ Contractor warrants workmanship for (3) years from the final billing.
◊ Paint failure due to workmanship, such as peeling or blistering will be repaired.
◊ Contractor will supply labor to correct the specified condition at no cost.
◊ Contractor will supply paint and materials to correct the specified condition at no cost.
◊ Responsibility is limited to correcting the condition as stated in this agreement.
WARRANTY IS VALID, IF:
◊ Owner has paid all sums of the contracted price due under this agreement, including any extras.
◊ Retain a copy of the original signed contract including any extras.
◊ Retain evidence of payment made in full.
◊ All claims must be made by written notification to contractor within 10 days of discovery of such condition.
WARRANTY DOES NOT COVER:
◊ Paint, materials and labor, if work was not performed by and/or paint and materials not supplied by, Nathan’s Painters.
◊ Exact paint match, as color names and/or paint products may change and unique to each manufacturer and/or as conditions in the environment will affect the color and finish over time.
◊ Any repairs which are necessitated as a result of a defect in the paint regardless of whether the paint was supplied by the contractor or the customer.
◊ Repairs will be performed only on the specific area where peeling and/or blistering has occurred.
◊ Peeling or blistering, resulting from a defect in the applied paint. Please review the label of the paint can for applicable warranties provided by the paint manufacturer.
◊ Peeling of layers of paint existing prior to the work performed by the contractor.
◊ Stained or varnished surfaces or surfaces made of, or containing, galvanized metals.
◊ Any surface that by virtue of its design permits moisture to collect. Such surfaces may include but not limited to, pools, waterfall features, stairs, railings, decks, roofs, and gutters.
◊ Bleeding caused by knots, rust, or cedar
◊ Ordinary wear and tear, abnormal use, or misuse.
◊ Structural defects, settlement, or movement.
◊ Moisture content of the substrate and temperature changes.
◊ Abrasion, mechanical damage, abrasive cleaning, 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 fire, explosion, flood, extreme weather conditions, alterations, vandalism, or in any other similar causes beyond the control of the contractor.
◊ damage caused by walked-on, wood sills, plants, pets, or wildlife.
◊ Stucco walls damaged by water due to lack of screed or below screed and back-filled retaining walls and metal.
◊ Cracks will be properly prepared as indicated at the time of the job, but re-emergence of such cracks in drywall, plaster, or wood and/or cracks caused by expansion and/or contraction are not covered in this warranty.
◊ Caulking
THIS WARRANTY CONSTITUTES THE ONLY EXPRESS WARRANTY MADE BY CONTRACTOR AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THIS WARRANTY COVERS ONLY THE SERVICES PROVIDED BY THE CONTRACTOR TO THE ORIGINAL PURCHASER NAMED ON THE FRONT OF THIS CONTRACT. THE CONTRACTOR SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE ORIGINAL CONTRACT PRICE. THIS WARRANTY ALSO CONSTITUTES THE OWNERS EXCLUSIVE REMEDY AGAINST CONTRACTOR INCLUDING THE ALLEGED NEGLIGENCE OF CONTRACTOR AND CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DELAY OR OTHER DAMAGES. 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 CONTRACT.
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