Terms and Conditions
DEFINITIONS
Definition of Customer– Customer, as referred to in this Contract, 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 Contract. If Customer has a spousal or familial relationship, each adult respectively represents and warrants that they each have the authority to sign this Contract, any Change Orders, and accept work as complete, on behalf of the other.
Definition of Paint – Paint, as referred to in this Contract, is understood to mean a liquid resinous coating applied by CertaPro Painters Twin Cities East, hereby referred to in this document as CP-TCE, and is understood to include paints, stains, and primers etc.
Paint Terms
Scraping Thoroughly scraping loose and peeling paint with a goal of ensuring a firm base for the new coating. Scraping is included on all projects. 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 which peels upon application of primer coat and after proper scraping, is unforeseeable and CP-TCE will not be liable for additional scraping work. Avoidance of this situation requires complete removal of existing coatings prior to primer application.
Fill The patching of cracks, holes and smoothing rough or uneven substrates with a material such as spackle, drywall compound, sealants, or putty to seal the surfaces to be painted. CP-TCE does not guarantee these surfaces will be rendered to their original state. Nail and/or screw heads will not be set and filled unless specifically noted this Contract.
Caulk Fill previously caulked gaps and cracks on areas where old caulk has failed. Caulking is included. Unless otherwise stated, we will only be caulking areas where we are painting both adjacent surface areas. PLEASE NOTE: We will NOT caulk expansion joints, butt joints or horizontal joints even if previously caulked, unless it is specifically written into the contract.
Spot Prime Primer will be applied only to surfaces to be painted where no paint currently exists including areas that have rusted. CP-TCE may tint the primer at its discretion.
Full Prime Primer will be applied to all surfaces to be painted. CP-TCE may tint the primer at its discretion.
Power Wash Surfaces CP-TCE 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 is not included unless specifically written into the contract.
Scuff Sanding To de-gloss coatings and/or substrates where necessary to promote adhesion of to be applied coating is included. Aesthetic sanding, to smooth rough edges of differing paint layers or smooth other imperfections is excluded.
Stripping Customer acknowledges and agrees, paint stripping is an inexact science. This proposal includes up to two rounds of coating stripper application. If after two rounds of coating stripper the existing coating has not been fully removed, customer agrees to pay for additional stripping rounds on a time and materials cost basis.
PRODUCTION INFORMATION
Hidden Conditions – If, after commencement of painting services, CP-TCE finds a defect in any surfaces to be painted, which must be corrected to satisfactorily complete the contract, but which could not reasonably have been detected during CP-TCE’ original inspection, CP-TCE shall immediately inform Customer of such defect. Customer acknowledges and agrees that CP-TCE shall have the right to charge Customer an additional fee, and Customer acknowledges and agrees to pay such fee.
Clean Up – Customer acknowledges and agrees that in the cleaning process certain surfaces will become cleaner than adjacent areas. Customer acknowledges and agrees that CP-TCE will not be responsible for rendering all surfaces to a uniform appearance.
Color Changes – The color(s) to be used for the work shall be selected by customer prior to the commencement of the painting services. Customer acknowledges and agrees, 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 CP-TCE shall have the right to charge Customer an additional fee, and Customer acknowledges and agrees to pay such fee.
Color Consultations – Color consultations are scheduled for 60 minutes. In the event the color consultation exceeds the 60-minute time allotment, CP-TCE shall have the right to charge an additional fee, and Customer agrees to pay such fee. The Color Consultation must be scheduled a minimum of one week prior to the tentative start date of the project. CP-TCE sole obligation at a Color Consultation is to present colors for customer selection. CP-TCE shall not make any selections relating to color, and any advice related to color selection should be construed as general in nature. CP-TCE makes no assurances or guarantees that Customer will select a color that Customer will be satisfied with.
Perfect Match – Where colors or finishes are to be matched either to an existing color or between one manufacturer and another, CP-TCE will make a reasonable effort to do so using standard methods from CP-TCE’ local suppliers, but CP-TCE does not guarantee a perfect match.
Damage Due to Protective Coverings – Customer acknowledges and agrees, CP-TCE may apply protective coverings to various items or belongings of Customer. These coverings may be secured in place with adhesive materials. During the removal of said coverings the adhesive material may damage the covered item. Customer acknowledges and agrees that CP-TCE will not be responsible for the repair or replacement cost of any such damaged items.
Damage due to Removal or Replacement – Customer acknowledges and agrees, 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, and/or gutters components. Customer acknowledges and agrees that CP-TCE 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 customers 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, CP-TCE may help the customer move items to complete the paint 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 CP-TCE 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, utilizing heavy equipment can cause incidental and unpreventable damage to ground, surrounding landscaping or vegetation. Further, Customer acknowledges and agrees, CertaPro TCE we will not be responsible for damage arising from use of heavy equipment.
Electrical Issues – Customer acknowledges and agrees that CP-TCE 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 CP-TCE will not be responsible for the repair or replacement cost of any such damaged items.
HVAC Duct Work – CP-TCE will take reasonable steps to apply protective coverings in the workspace, but due to the nature of painting, dust or debris may be created. This dust or debris may enter the HVAC and/or ductwork of the structure. If operating, the HVAC system may spread dust or debris into other areas of the structure. Customer acknowledges and agrees that CP-TCE will not be responsible for the repair or replacement cost of any such damaged items, nor cleaning costs for these areas.
Movement of Antenna or Other Connections – Customer acknowledges and agrees that CP-TCE may have to move antenna or other connections during the painting process. CP-TCE will take reasonable steps to reattach any such connections but cannot guarantee that such connections will work in the same manner as previous. Customer acknowledges and agrees that CP-TCE 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 Contract 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 originally contracted number of coats of paint is not sufficient to achieve satisfactory appearance, Customer acknowledges and agrees that CP-TCE 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 – Unless otherwise stated in the Contract, all gutters will be painted in place. If Owner wants the gutters removed for painting, Owner acknowledges and agrees that CP-TCE has the right to charge Owner an additional fee, and Owner agrees to pay such fee for performing such work.
Shutters & Down Spouts – Unless otherwise stated in the Contract, downspouts and shutters will be removed prior to painting and installed after painting is completed. See “Damage due to removal or replacement.”
Storm Windows – Unless otherwise stated in the Contract, 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 CP-TCE shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee, for performing such work.
Carpentry Work – Customer acknowledges and agrees, carpentry work requires a specialized knowledge and tools. Further customer acknowledges and agrees, carpentry time and materials work will be completed at $85/man hour. See “Time & Materials Charges.” When trim molding is to be replaced by CP-TCE as part of the work, Customer acknowledges and agrees that the pattern or shape of the replacement wood may not match the existing trim molding.
Substitute Materials – CP-TCE reserves the right to substitute materials that are equivalent in quality to those specified on this Contract, in the event CP-TCE is unable to obtain specified materials in a timely manner from its usual supplier.
Time & Material Charges – In the event the Contract allows for and requires CP-TCE to perform work on a Time & Materials (T&M) basis, Customer acknowledges and agrees that CP-TCE shall calculate all hours on a per-man basis. Customer agrees to reimburse CP-TCE for all drive time related to performing the T&M work (i.e., drive time is included in the “Time” portion of T&M). Effective T&M rate will be $57/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 Contract, Customer acknowledges and agrees that CP-TCE 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. CP-TCE will take reasonable steps to remove any paint inadvertently applied to the glass. Customer acknowledges and agrees that CP-TCE will not clean any items off glass (including streaks, dirt, debris, 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 CP-TCE 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. Further, Customer acknowledges and agrees that avoidance of windows being painted shut after our work, requires opening and closing of the window’s multiple times each day while the paint cures fully. Customer acknowledges and agrees this is the sole responsibility of the customer. Customer acknowledges and agrees that CP-TCE will not be held liable for windows painted shut after the completion of our work.
GENERAL
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 contract and deposit. Job scheduling shall be deemed approximate and performance by CP-TCE is subject to delays caused by weather, strikes, fires, acts of God or other reasons not under the control of CP-TCE, as well as the availability of the required products and materials. Delays caused by such events do not constitute abandonment or breach of the Contract and shall not be included in calculating time frames for payment or performance.
Promotion/Advertising The customer authorizes the CP-TCE to display a 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 CP-TCE 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, all vegetation must be trimmed back at least two (2) feet from included substrates to allow access for painting. CP-TCE will not be responsible for damage to trees, shrubs, or landscaping resulting from the completion of the work agreed to in the contract.
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 CP-TCE 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 work forces, suppliers, and agents with the CP-TCE project and shall reimburse CP-TCE 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. CP-TCE 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 CP-TCE incurs expense resulting from repair or replacement of any part of CP-TCE’ 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 Contract price and Customer agrees to pay such added expense, and the extra work shall be deemed to have been required by the Contract.
Customer Performed Work – All work to be performed by Customer must be performed without interfering with the production schedule of CP-TCE. Customer acknowledges and agrees that CP-TCE 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 CP-TCE.
Customer Supplied Materials – In the event Customer is to supply materials for the project as designated on this Contract, Customer acknowledges and agrees to have all materials required to finish the project delivered to the job site prior to commencement of the work. CP-TCE 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 CP-TCE 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 CP-TCE shall have the right to charge Customer an additional fee, and Customer agrees to pay such fee, for obtaining the additional materials.
Paint Colors – Customer acknowledges and agrees that if Match Existing is listed under the color on this Contract, then Customer will get the appropriate color name, manufacturer, and type to CP-TCE 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, CP-TCE will attempt to match the colors. CP-TCE will take reasonable steps to ensure accuracy utilizing industry approved methods, but CP-TCE cannot guarantee that the colors will match exactly. If Customer is not satisfied with the color match, Customer shall provide written notice to CP-TCE within one (1) day of the paint color first being applied to the project. If Customer provides timely notice to CP-TCE of their dissatisfaction with the color match, Customer acknowledges and agrees that CP-TCE 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 CP-TCE 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. CP-TCE 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 job site.
Bathroom – Customer will make a bathroom available to CP-TCE employees and subcontractors working on the project. If customer chooses not to make a bathroom available, customer acknowledges and agrees to pay a $250 dollar fee for a portable toilet solution to be implemented. This fee is over and above the Contract amount.
Weather – Customer acknowledges and agrees that CP-TCE 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 CP-TCE’ sole discretion as to whether to proceed with work. If Customer wishes to move a prescheduled work start time based on weather concerns, Customer will do so in writing to CP-TCE a minimum of five (5) days prior to the tentative start date of the project. If Customer fails to notify CP-TCE in writing of a requested move in start date, but nonetheless refuses to let CP-TCE proceed with work on a day CP-TCE deems within acceptable guidelines for painting, Customer agrees to pay to CP-TCE a fee equal to 15% of the Contract amount as liquidated damages and not as a penalty. This fee is over and above the Contract amount and will accrue on a per-day basis for each subsequent day CP-TCE is not allowed by Customer to work.
Work Times Customer will make the workplace available to CP-TCE’ employees and subcontractors for work Monday-Saturday between 7:30 a.m. and 7:30 p.m. If windows or doors are to be painted on this Contract, Customer acknowledges and agrees to make suitable arrangements to have the windows and doors unlocked so as not to interfere with CP-TCE’ production schedule. If windows or doors are locked, CP-TCE will paint them in a shut position. As a result, if CP-TCE needs to return to finish painting areas that were locked once they are reopened, Customer acknowledges and agrees that CP-TCE 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).
INSPECTION OF COMPLETED WORK
Upon substantial completion of work, Customer agrees to conduct an inspection of the work with CP-TCE. 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.
CONTRACTUAL DETAILS
Altering Agreement No modification of this Contract, and no authorization for extra or additions or for eliminations or changes, shall be binding on CP-TCE, unless it is in writing and signed by a duly authorized representative of CP-TCE.
Assignment Neither party shall assign this Contract without the prior written consent of the other party.
Binding This Contract shall ensue to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.
Cancellation by CP-TCE CP-TCE may cancel this Contract 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 Contract at any time prior to midnight of the third business day after the date of this Contract. Thereafter, Customer shall immediately return to CP-TCE any materials or equipment of CP-TCE left on Customer’s site. In the event of cancellation before commencement of work, but after the three (3) days, Customer agrees to pay to CP-TCE 20% of the Contract amount as liquidated damages and not as a penalty. If cancellation occurs after the three (3) days, but within five (5) days of the scheduled start date, Customer agrees to pay to CP-TCE 33% of the of the Contract amount as stated on this Contract as liquidated damages and not as a penalty. CP-TCE may waive the 20% or 33% cancellation fee at its sole discretion. If cancellation occurs at any time after receiving a Color Consultation, as defined above, Customer agrees to pay an additional cancellation charge of $200.00. In the event of cancellation before work begins, but after the three (3) days set out above in this section, Customer agrees to reimburse CP-TCE for any actual expenses incurred relating to the cancelled Contract including materials purchased, work performed in anticipation of project commencement, and drive time related to the project. CP-TCE shall not be obligated to return any materials 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.
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 CertaPro, Customer acknowledges and agrees to notify CertaPro in writing and shall then permit CertaPro 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 CertaPro in relation to any such claim is to repair or correct any such deficiencies at its own expense, to the extent CertaPro does not dispute such deficiencies. The failure of Customer to permit CertaPro or its agents to make the necessary correction or repairs fully releases CertaPro 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 – CP-TCE shall not be liable for any errors, inconsistencies, or omissions in the Contract 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 CP-TCE commenced any part of the work provided for by this Contract under oral agreement prior to the execution of this Contract, this written Contract 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.
Termination Before Substantial Completion Policy – In the event either Customer or CP-TCE desires to terminate this Contract after work has commenced, but prior to achieving SUBSTANTIAL COMPLETION as defined below, Customer shall immediately, upon receipt of invoice from CP-TCE, make payment to CP-TCE for all work completed, for losses sustained by CP-TCE for materials, equipment, tools, machinery, for the loss of the overhead costs and anticipated profit that CP-TCE would have made upon completion of the work in accordance with the Contract. Calculations concerning work performed including drive time will be calculated at CP-TCE sole discretion. In the event Customer fails to pay the balance owed within five (5) days of receipt of invoice from CP-TCE, CP-TCE may proceed to collect such payment in any manner provided for herein.
Time Limitation Any action against CP-TCE whether under the Contract or relating to the subject matter of this Contract, must be commenced within two years after the date of Substantial Completion as defined herein.
Time of the Essence Time is of the essence with this Contract.
DISPUTE RESOLUTION AND GOVERNING LAW – This Agreement shall be governed and construed by the laws of the State of Minnesota 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 Minneapolis, MN, United States of America. Notwithstanding the foregoing, CertaPro 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 CP-TCE is required to engage the services of a collection agency or an attorney, Customer acknowledges and agrees to reimburse CP-TCE for any and all attorneys’ fees and associated costs, incurred in the collection process.
Compensation Customer will pay to CP-TCE the total Contract price in accordance with the payment terms, all as referred to on this Contract. 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 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 CP-TCE in any mechanics’ lien or other legal action, then CP-TCE 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 Contract, 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 Contract by Customer. In such case, Customer acknowledges and agrees that CP-TCE is relieved of its responsibility to perform
any further work on the project until payment is made in full for the entire Contract amount and any other amounts due pursuant to this Contract. Customer agrees to pay an administration fee of $50.00 for any NSF (nonsufficient funds) checks or checks subsequently cancelled 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 CP-TCE shall have the right to pursue collection of such payment.
SUBSTANTIAL COMPLETION – Substantial completion is the stage in the progress of the work when CP-TCE determines in its sole discretion that it is prepared to schedule a meeting to inspect the work in accordance with the contract. Customer acknowledges and agrees, upon reaching substantial completion, final payment is due in full. Further customer agrees, touch ups and deficiency correction are not valid reasons for withholding final payment in full and interest on late payments shall be calculated from date of substantial completion.
LIMITATION OF LIABILITY:
IN NO EVENT WILL CERTAPRO 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 CERTAPRO 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.
I have read and accept the terms and conditions referenced herein.
Customer Signature
