General Conditions
- NOTE: THIS PROPOSAL AND CONTRACT MAY BE WITHDRAWN BY HEARTLAND PAINTING (hereafter HEARTLAND) IF NOT ACCEPTED WITHIN 15 DAYS OF PROPOSAL. ALL JOB DATES ARE QUOTED ON A FIRST COME FIRST SERVE BASIS.
- HEARTLAND will furnish all equipment, labor, and materials, including paint or coatings (unless otherwise agreed upon in the Agreement) reasonably necessary to complete the project scope of work stated in the proposal.
- All work to be completed in a workmanlike manner according to Painting Contractors Association (PCA) within accepted industry standards, sanctioned application methods and best practices to a level 3 finish unless otherwise noted within the proposal. Please Click Here for Painting Contractors Association standards. PCA Industry Standards
- Execution and delivery of all accepted proposals, understandings and revisions are contingent upon strikes, accidents, delays, Acts of God, or other matters beyond Fresh Coat’s control.
- Clients are responsible for any necessary or required permits. HEARTLAND will comply will all state and local requirements.
- In no event will HEARTLAND be liable to the Client for any incidental, consequential, exemplary, indirect, special or punitive damages arising out of this Agreement or its termination, regardless of the form of action and regardless of whether HEARTLAND has been advised of the possibility of any such loss or damage.
- Notwithstanding any other provision of this Agreement to the contrary, if HEARTLAND is held liable to the Client for any loss or damage, its liability will be limited to an amount equal to the amount Client paid Fresh Coat for the services or $1,000, whichever is greater. The Clients acceptance and receipt of that amount will be the Clients excusive remedy against HEARTLAND, regardless of the legal theory used to determine that HEARTLAND was liable. HEARTLAND shall not be liable to any third person because of this Agreement.
- Client authorizes HEARTLAND to apply up to one additional coat of paint as necessary to achieve proper coverage due to client selection of certain colors (e.g. yellows, reds) or those with unusual bases (e.g. high reflective, luminescent) for an additional charge, without written change order. Otherwise, any alterations or deviation from the proposal and contract specifications involving extra costs will be executed only upon written or verbal orders from the client, and will become an extra charge over and above this proposal and contract.
- All Agreements, proposals and contracts are contingent upon strikes, accidents, or delays beyond our control. Clients are responsible for any required permits HEARTLAND will comply will all state and local requirements.
- Client responsible for costs related to disposal of project debris, which HEARTLAND will have neatly bagged up.
HEARTLAND Limited Warranty
- HEARTLAND will repaint areas where coating failure caused by Intercoat peeling (defined as when coatings applied by HEARTLAND peel away from previously existing coatings) has occurred. This Warranty is valid upon completion of the job AND full compliance with warranty, payment and general conditions set forth below. The term of the HEARTLAND warranty is, unless otherwise noted: ONE YEAR FOR ONE COAT or THREE YEARS FOR TWO COATS. NO WARRANTY ON DECKS, PORCHES OR OTHER EXTERIOR HORIZONTAL SURFACES. SPECIAL WARRANTY APPLIES TO FLOOR COATINGS AND CABINETS.
Our work is job and item specific. In no case shall HEARTLAND be responsible for “damage caused by others” or “latent damage” as herein described:
- DAMAGE CAUSED BY OTHERS: “Damage” caused by individuals other than those employed by Fresh Coat.
- LATENT DAMAGE OR DEFECTS: Damage to surfaces by causes beyond the control of Fresh Coat after work has been completed. Examples of such include, but are not limited to, building settlement, cracks, water damage, earthquake damage, nail and/or screw pops or expansion and/or contraction of substrate.
HEARTLAND will produce a “properly painted surface” in accordance with PCA (industry) standards. A “properly painted surface” is defined as uniform in appearance, color, texture, hiding and sheen. It is also free of foreign material, lumps, skins, runs, sags, holidays, misses, or insufficient coverage. It is also a surface free of drips, spatters, spills or overspray caused by the painting and decorating contractor’s workforce. In order to determine whether a surface has been “properly painted” it shall be examined without magnification at a distance of thirty-nine (39) inches or one (1) meter, or more, under finished lighting conditions and from a normal viewing position.
CABINET WARRANTY: 3-years or 10-years (as specified on proposal, but if not noted the warranty is 90-days) against crackling, peeling, or blistering of finish. The warranty covers issues related to workmanship and product failure. Normal wear and tear, nicks from impacts, pre-existing hardware issues, hairline seams in wood joints, negligence, heat damage and excessive water damage are excluded.
Warranty Conditions
This warranty is void if Full Payment, as defined in the service Agreement, has not been received. This warranty does not cover:
- Total Coat peeling (any peeling to bare surface) or Intercoat peeling caused by moisture, mold, mildew, heat fire, structural damage, or the existence of crayon, grease, oil, makeup or any petroleum products.
- Horizontal surfaces or any surface that, by virtue of its design, permits water/moisture to collect. Surfaces include, but are not limited to, decks, railings, stairs, porches, and roofs
HEARTLAND MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS CONTAINED ABOVE. WORK PERFORMED FOR VALID WARRANTY REQUESTS WILL BE ACCOMPLISHED NO LATER THAN 90 DAYS FROM THE DATE OF THE REQUEST.
Payment Conditions
- The term “Agreement” shall mean the submitted proposal and contract. It is the total Agreement between the client (Buyer) and HEARTLAND.
- THE CLIENT AGREES TO PAY HEARTLAND THE TOTAL AMOUNT OWED FOR ALL SERVICES SPECIFIED IN THIS AGREEMENT IMMEDIATELY UPON COMPLETION OF THE JOB, UNLESS THE CLIENT AGREES TO OTHER PAYMENT TERMS LISTED ABOVE. Payment is considered late 5 calendar days after the completion of the job and will be assessed a 1.5% per month interest rate for late payments.
- HEARTLAND is not obligated to do any work or service unless expressly specified in the Agreement.
- Walk Through: Upon notification of service completion the client may request a “walk through” of the job. The “walk through” shall take place within 24 hours of the notification of completion. A “walk through” list signed by the client shall be prepared by HEARTLAND of all touch up work to be completed. The signed list will become part of the Agreement. No service, other than that included on the list, shall be deemed unacceptable. The client agrees to pay HEARTLAND the full amount specified on the Agreement less only that amount related to the touch up work. Upon completion of the touch up work the client agrees to pay the balance due per the Agreement.
- Payment Methods: We accept cash, checks and major credit cards. PLEASE NOTE: Payments made by credit card or financed will be invoiced to include a 3% processing fee above the agreed upon price.
- HEARTLAND agrees to hold the Client free from lien after full payment has been made per the Agreement. The client agrees to pay all costs of collection, legal expenses, and attorney’s fees, whether hourly or contingent, incurred or paid by HEARTLAND in enforcing this Agreement and collecting the sums owed hereunder.
- Any CANCELLATIONS OR POSTPONEMENT of service after 3 business days from acceptance is subject to a $200 processing fee.
- Termination: Client or HEARTLAND may terminate contract at any time for any reason. Upon contract cancellation, client agrees to pay contractor $200 processing fee plus labor and materials ordered or consumed at the time of cancellation based exclusively upon the contractor’s records for payroll and materials consumed.
Other Important Conditions
- All TINTED paint products supplied by HEARTLAND or the client is the sole property of the client. All federal, state or local laws governing storage, transportation, handling and disposal of any paint products used in fulfillment of the Agreement is the sole responsibility of the client.
- HEARTLAND is not responsible for the selection of paint colors/finishes, color variation between paint manufacture charts, or color fading due to sunlight, heat, age, or moisture, even if color suggestions are offered by HEARTLAND employees or agents. Any labor and material costs associated with changes to approved colors will be the responsibility of the Client.
- Wallpaper/Ceiling Texture Removal: Removing wallpaper/ceiling texture is, at best, a complex art. In some cases, the paper/texture comes off in sheets and the surface underneath requires very little prep before finishing again. Occasionally, the paper/texture has to be scraped off an inch at a time and leaves the walls/ceilings severely damaged, requiring a skim coat and extensive sanding and priming. For this reason, we will estimate the time it will take to remove wallpaper/ceiling texture and provide the homeowner an estimate. All labor related to wallpaper/ceiling texture removal and surface prep to point of “paint-ready” is billed time and materials at the then-current labor rate. If the wallpaper/ceiling texture removal and surface prep takes longer than the estimated hours, the homeowner will be notified and authorization requested for the additional hours needed and the invoice will reflect the addition for needed labor hours.
- Ceiling Texture Repairs: Our crews are skilled at touching up and repairing textured ceilings, but their process and material may differ somewhat from the original application. If your project includes repair to an existing textured ceiling, we will make every effort to blend the areas, but we cannot guarantee an exact match. If an exact match is required, please advise us when scheduling the project so that we can provide the option to remove all texture from the ceiling.
- Movement Client Personal Property/Furnishings: Relocation and moving of Client property such as furniture, wall hangings and other items that is required so that HEARTLANDcan access areas to be painted is not included and is the responsibility of the client, unless noted in the proposal. Time spent by HEARTLAND personnel for this task is considered billable at the then-current labor rate.
MN PRE-LIEN NOTICE
- 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 THE CONTRIBUTIONS.
- 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 THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
ACCEPTANCE OF CONTRACT
By signing this contract, I acknowledge that I have read and understand the terms of this Agreement. Additionally, the above prices, specifications and conditions, including payment terms are hereby accepted by me the client. I authorize HEARTLAND to do the work as specified. I understand that I am responsible to pay for all supplies and services provided that arise from or are related to this Agreement. By accepting this Agreement, I am authorizing HEARTLAND to charge all payments to my credit card or process my check as specified in this Agreement.
Notice of Buyers Right
You may cancel this transaction without penalty or obligation within THREE BUSINESS DAYS from the date of your signature accepting the terms of this entire agreement.