Terms & Conditions

Customer Agreement - Terms and Conditions

Definition of Customer Agreement: Customer Agreement is the description of work and information in the body of the Quote, including any additional supporting documents, which are referenced herein, together with and subject to the Terms and Conditions herein defined (“Customer Agreement” may be referred to as the “Contract” or the “Agreement”). 

Definition of Client/Owner: Client/Owner, as referred to in this Customer Agreement, means the person or entity having the authority to contract for the work performed hereunder, and identified as the Client/Owner on the face of this Customer Agreement. If the Client/Owner is a jointly-owned property, i.e., married couple, each respectively represents and warrants that they each have the authority to sign this Customer Agreement, and any Change Orders, on behalf of the other.  If there is more than one Client/Owner, the signatory of the Customer Agreement is considered the primary point of contact and final decision-maker/stakeholder.

Definition of TGPC: TGPC, refers to Those Guys Painting Co. 

Payment Terms:

TGPC requires a 50% Deposit to secure a start date. All deposits are due upon acceptance of Quote. All remaining balances are due upon completion. TGPC will issue paid in full invoice electronically within three (3) business days.

Projects over $12,000 will require a weekly payment as per the attached Project Payment Schedule.

Past due amounts will bear interest at the rate of 1.0% a month (12% per annum) from the due date.

Past due amounts are any amounts not paid by Client/ Owner at time of completion or any payments not made according to the Project Payment Schedule (if applicable).

Payment is due upon the Client/Owner's receipt of invoice. Past due amounts are any amount, including interest accrued, not paid by Client/Owner within one (1) day of receipt of invoice. 

Reversal of Payment: If Client/Owner makes a payment as required under this Customer Agreement, and subsequently reverses payment either in the form of a stop payment on a check, or a chargeback on an electronic or credit card payment, Client/Owner acknowledges and agrees that such act is a breach of this Customer Agreement by Client/Owner. 

In such a case, the Client/Owner acknowledges and agrees that TGPC 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 Customer Agreement. Client/Owner agrees to pay a NSF Fee of $30.00 for any NSF (non-sufficient funds) checks, or any reversed payments, both check and electronic/credit card and a $50 Administrative Processing Fee.

Client/Owner acknowledges and agrees that in the interim TGPC shall have the right to pursue collection of such payment. 

Collection Costs: If TGPC is required to engage the services of a collection agency or an attorney, the Client/Owner acknowledges and agrees to reimburse TGPC for any and all attorneys' fees and associated costs incurred in the collection process. 

General Conditions:

This quote is valid for 30 days.

Change Orders:  Any changes or requests for additional work after this quote is accepted must be approved, in writing as a Change Order/Additional Services. No TGPC work crews will undertake services not contained in this Customer Agreement or subsequent Approved Change Order/Additional Services form.

Change Orders/Additional Services, once approved by Client/Owner, will be combined with original quote and subject to additional deposit/increase in any applicable Project Payment Schedule..

Change Orders/Additional Services are subject to these Terms and Conditions.

Change Order Rates: Regular business hours - $85/hour

Evenings/Weekends/Holidays - $100/hour

Client/Owner Responsibilities/Expectations:  Client/Owner will provide a clear work environment, as detailed below, unencumbered by other trade professionals. Interference of other trade professionals may result in Additional Charges and add time to the project schedule. 

Clear Work Environment: Client/Owner is responsible for removal/protection of any personal possessions, trees, or shrubs, which may be in the way of workers, at the sole discretion of TGPC, to create a minimum 4’ clearance from the wall/surfaces to be painted.  While TGPC will take reasonable steps to protect/cover personal belongings/furniture, trees, landscaping, or shrubs, TGPC is not responsible for any damage to personal belongings/furniture left in work areas. 

If you require assistance with furniture moving, this is a Change Order/Additional Service, to be billed at $85 per hour, per crew member with a one-hour minimum. A signed Change Order must be received before TGPC crew members begin work and Client/Owner understands and agrees to hold TGPC harmless for any damage to furniture/personal belongings, floors, or any other household surfaces in the execution of these Additional Services. 

Client/Owner is responsible for keeping visitors, children, and pets clear of the work area and agrees to defend, indemnify, and hold harmless TGP 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 Client/Owner, or injury or death to any third parties. 

The indemnity provided for in this section takes precedence over the indemnity provided for below in section “CONTRACTUAL DETAILS” and subsection “Release and Indemnity.”

Client/Owner is responsible for securing any/all permits required for the project including any coordination with local municipalities.

Client/Owner will provide the following for TGPC use in the execution of this Customer Agreement:

  • Lighting
  • Power
  • Water
  • Wash out area
  • Dumpster or trash receptacle for clean trash
  • Storage area
  • Parking
  • Interior climate (temperature and humidity levels in accordance with manufacturers’ recommendations for application of coatings).

If workspace is unavailable or does not meet the requirements of “Clear Work Environment” as above, occupied by other trades, or if any Client/Owner Responsibilities are not met, this may result in Additional Services fees at the stated rates for Additional Services and/or Furniture moving.

Colors: TGPC is not responsible for color choices of Client/Owner. TGPC encourages all clients to apply color samples from Sherwin Williams or similar paint retailer in order to ensure customer satisfaction.

Industry Standards: All surface preparation and coating application will follow industry standards established by the PCA (Painting Contractors of America). Standards are available for review by request or at the following link:

INDUSTRY STANDARDS

As per PCA standard (PDCA P1 2.6), TGPC “will produce a “properly painted surface”. A “properly painted surface” is one that is uniform in color and sheen. It is one that is free of foreign material, lumps, skins, sags, holidays, misses, strike-through or insufficient coverage. It is a surface that is free of drips, spatters, spills, or over-spray, which the contractors’ workforce causes. Compliance to meeting 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.”

Inspection of Completed Work: Upon completion of work, Client/Owner agrees to conduct a Final Inspection of the work with TGPC. All defects and uncompleted items should be noted at this time. The inspection must occur under normal lighting conditions (i.e., no spotlight or flashlight), without magnification, and from a normal viewing position (39 inches or one meter from the painted surface), in accordance with the PCA Standards. 

Insurance: TGPC carries all insurances required and Certificates of Coverage are available via written request. 

Materials: This Customer Agreement is inclusive of all materials/supplies required to complete scope of services. Any excess materials, including but not limited to primer, non-custom trim, ceiling paint, stain, and/or paint are the property of TGPC. TGCP will leave up to one partial gallon of each tinted paint for Client/Owner use. 

Promotion/Advertising: The Client/Owner authorizes the TGPC 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 Client/Owner.

Timing:  The time frame quoted is an estimate and assumes that the work area is prepared/ready for execution of services. As such, commencement and or completion may be delayed by unforeseeable circumstances, including but not limited to weather, sickness, or an act of God. TGPC does not guarantee a completion date/ time or a certain number of TGPC crew members assigned to the project. 

If commencement of work is delayed by Client/Owner or if Client/Owner requests an accelerated schedule after acceptance of this Customer Agreement, a Change Order/Additional Services contract must be approved, in writing.

Top Coats: This estimate reflects a maximum of two (2) top coats of paint, or maximum of one (1) coat of stain or sealer. When spraying, one (1) pass/application is the equivalent of two (2) or more traditional roller and brush top coats. Additional costs will be billed separately, unless specifically augmented in the notes section by the specific language “This estimate includes (insert number) of coats.”

Warranty

ONE YEAR LIMITED WARRANTY

TGPC offers a one-year warranty for all labor and materials due to paint failure or defective workmanship for any area that we paint. If paint failure appears, we will supply the labor and materials to correct the condition without cost. This warranty includes repair of peeling, blistering, or chipping paint resulting from defective workmanship.

The warranty will only be effective if:

  • TGPC is paid in full
  • The customer retains the original contract

If these conditions are met TGPC will perform repairs with no labor charge. The one-year warranty is good for the original customer and is not transferable. TGPC will only repair areas where peeling, blistering, or chipping has occurred.

This one-year limited warranty does not cover:

  • Any work which was not performed by TGPC and where TGPC did not supply the paint.
  • Clear coat or varnished surfaces.
  • Surfaces made of, or containing, ferrous metal. 
  • Horizontal surfaces that permit moisture to collect, including, but not limited to, decks, railings, stairs, thresholds, patio covers and window sills.
  • Any repairs which are necessitated as a result of a defect in the paint. The paint manufacturer will cover this portion.
  • Bleeding caused by knots, rust, or cedar.
  •  Cracks or nail pops in drywall, stucco, plaster, or wood.
    •  Peeling, blistering, or chipping where they are caused by: Peeling of layers of existing paint system prior to the work performed by TGPC. Structural defects, settling or movement, including pressure cracks, foundation issues/repairs and any pre-existing surface adhesion issues.
    • Moisture content of the substrate.
    • Abrasion, mechanical damage, abrasive cleaning, abuse, or damage resulting from use of chemicals.
    • Previous layers of paint not applied by TGPC.

The warranty does not include matching of the paint. The paint can be matched closely, but rarely perfectly.

THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE BY TGPC AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY TGPC TO THE ORIGINAL PURCHASER NAMED ON THE FRONT OF THE CONTRACT. IN NO EVENT SHALL TGPC 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 CONTRACT.

Work Hours: TGPC keeps regular business working hours between 7am-5pm Monday-Friday. Any hours requested by Client/Owner outside of regular business hours will require an Approved Change Order/Additional Services and be billed at rates published in this Customer Agreement. Client/Owner will not incur additional charges for work performed outside stated business hours at the direction/discretion of TGPC.

CONTRACTUAL DETAILS

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

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

Binding:  This Customer Agreement 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 Those Guys Painting Co.: TGPC may cancel this Customer Agreement at its sole discretion at any time prior to the commencement of work. If cancellation occurs after work commences, Client/Owner acknowledges and agrees to abide by the TERMINATION BEFORE COMPLETION POLICY as defined below.

Cancellation by Client/Client/Owner Before Work Begins: Client/Owner may cancel this Customer Agreement at any time prior to midnight of the third business day after the date of acceptance. Notice of cancellation must be in writing and may be delivered electronically. Thereafter, Client/Owner shall immediately return to TGPC any materials or equipment of TGPC at the Client/Owner’s work site.

In the event of cancellation before work begins, but after the three (3) days set out above in this section, Client/Owner agrees to reimburse TGPC for any actual expenses incurred relating to the canceled Customer Agreement including materials purchased, work performed in anticipation of project commencement, and drive time related to the project.   TGPC will provide an invoice of actual expenses and if the Client/Owner has a deposit on file, the amount of this invoice will be deducted from the deposit. Any remaining deposit funds will be returned to the Client/Owner within three (3) business days.  If cancellation occurs after work commences, Client/Owner acknowledges and agrees to abide by the TERMINATION BEFORE COMPLETION POLICY as defined below.

Compliance with Laws: TGPC shall comply with all federal, state, county and municipal laws, ordinances, rules, and regulations required.

Damage/Deficiencies: If Client/Owner makes or wishes to make a claim in relation to any work performed by TGPC, Client/Owner acknowledges and agrees to notify TGPC in writing and then allow TGPC or its agents to inspect the work complained of and make any necessary corrections and repairs to correct any deficiency that may exist in the work performed.

The sole obligation of TGPC in relation to any such claim is to repair or correct any such deficiencies at its own expense.

The failure of Client/Owner to permit TGPC or its agents to make the necessary correction or repairs fully releases TGPC or its agents from any and all liability in relation work in question and renders any warranties, whether actual or implied, null and void.

Under no circumstances shall TGPC be responsible or liable for any indirect or consequential damages, and the Client/Owner hereby waives any claims for such damages.

Errors, Inconsistencies, or Omissions: TGPC is not liable for any errors, inconsistencies, or omissions in the Customer Agreement documents. In remedying such errors, inconsistencies, or omissions as required, TGPC shall be permitted time extensions, and be compensated for delays and additional costs, including overhead and profit.

Full Agreement:  This Customer Agreement contains the full understanding of the parties with respect to the subject matter and supersedes all prior or contemporaneous proposals, agreements, statements, or representations, written or oral, between the parties with respect to such subject matter.

Client/Owner acknowledges and agrees that it is not relying on any representations of services to be supplied or provided by TGPC or with respect to any other matter not specifically set forth herein.

Governing Law: This Customer Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.

Headings: The headings of all paragraphs of this Customer Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Customer Agreement.

Oral Agreement: If TGPC commenced any part of the work provided for by this Customer Agreement under oral agreement prior to the execution/acceptance of this Customer Agreement, this written Customer Agreement shall apply in the same manner as if made before the work commenced.

Notice: Any notice required or permitted to be sent under this Customer Agreement can be mailed by registered mail, return receipt requested, or by Federal Express or other nationally recognized overnight delivery service, or via electronic delivery to the parties at the addresses/contact information noted on the face of this Customer Agreement. Notification addresses may be changed by written notice.

Release and Indemnity: Except as provided for above in the section captioned “Client/Owner Responsibilities/Expectations” and the subsection captioned “Clear Work Environment,” TGPC agrees to assume all risk of loss and to indemnify and hold Client/Owner harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including legal cost incident thereto for injuries to persons (including death) and for loss of, damage to, or destruction of property (including property of Client/Owner) arising from or in connection with this Customer Agreement unless caused in whole or in part by the negligence or willful misconduct of Client/Owner or Client/Owner’s agent or invitees.

Severability: The invalidity or unenforceability of any portion or provision of this Customer Agreement will in no way affect the validity or enforceability of any other portion or provisions hereof. Any invalid or unenforceable portion or provision shall be severed from this Customer Agreement and the balance of the Customer Agreement shall be construed and enforced as if the Customer Agreement did not contain such invalid or unenforceable portion or provision.

Termination Before Completion Policy:  In the event either Client/Owner or TGPC desires to terminate this Customer Agreement after work has commenced, but prior to completion, Client/Owner shall immediately, upon receipt of invoice from TGPC, make payment to TGPC for all work completed, for losses sustained by TGPC for materials, equipment, tools, machinery, for the loss of the overhead costs and anticipated profit that TGPC would have made upon completion of the work.  Calculations concerning work performed including drive time will be calculated at TGPC sole discretion. In the event Client/Owner fails to pay the balance owed within five (5) days of receipt of invoice from TGPC, TGPC may proceed to collect such payment in any manner provided for within these Terms and Conditions and/or the laws of the State of Tennessee.

Time Limitation:  Any action against TGPC, whether under the Customer Agreement or relating to the subject matter of this Customer Agreement, must be commenced within one year after the completion date.