Paint EZ Project Proposal Terms & Conditions

RELATIONSHIP

The individual giving you this proposal is an independent franchise owner licensed by Paint EZ to use its systems and trademarks to operate a painting franchise business. The work will be completed by the independent franchised contractor. Please make any check payable to the franchise shown on your proposal. DEFINITIONS AND CONDITIONS OF THIS CONTRACT COLORS - Colors must be chosen 3 business days in advance by the client prior to commencement of work. If, after the job starts, a color change is required, the independent contractor franchise owner will have to charge for time and material expenses incurred on the original color.

PREP WORK – The independent contractor uses standard preparation techniques for interior and exterior painting.  The work done is a repaint and is not a restoration of a surface unless otherwise specified in the agreement.

 
Interior prep work will receive up to 20 minutes for small rooms of 150 sq. ft or smaller which includes masking and filling of nail holes and such.  Medium rooms of 299 sq. ft or smaller will receive up to 40 minutes of prep work which includes masking and filling of nail holes and such.  Large rooms 300+ sq. ft will receive up to 60 minutes of prep work for masking and filling of nail holes and such.  If you desire and would like more extensive preparations done the independent contractor will give you a time and materials estimate to complete that scope of work and will need to be added to your proposal and signed prior to the work being executed.


Exterior prep work will include as a standard the following: pressure washing of the surfaces to be painted.  Pressure washing is intended to get the bulk amounts of dirt, dust, and mildew collection off of the surfaces.  The pressure washing of the surfaces is not intended to make things 100% clean or new.  Some areas will receive work done by hand to clean prior to painting.  The independent contractor will also determine if there are needs of caulking on new items, or re-caulking on existing items and will prepare the details in the proposal.  Some areas of the home are meant to be uncaulked to allow the building envelope to breathe, or also to allow for moisture drainage.  Replacement of any wood, siding, or other pieces of the homes must be outlined in the proposal, or it is not included in the scope of work to be completed. Areas where paint is peeling will be scraped and sanded to prepare prior to painting, however those areas will not necessarily look like new due to raised and lowered surfaces that have resulted from the previous paint coating peeling.

 
UNFORESEEN CONDITIONS

Should conditions arise which could not be determined by visual inspection prior to starting work, the independent contractor will make you aware of the issues and present a plan to remedy the issue if possible.  If agreed to do this additional work a change order will need to be added to the proposal and you will be required to sign prior to the work being executed. As the client you must pay an agreed upon amount for the change order work for the completion of such work.


PROPOSAL

This proposal is valid for 30 days after it was written. In addition, the Independent Franchised Contractor should be informed of your desire to have the work done and receive a signed copy of the proposal before work is to be started.


PROGRESS PAYMENTS

Progress payments may be requested throughout the course of the job if job total exceeds $3000 or one week job timeline. If amounts due under this agreement are not paid, the customer will be responsible for costs of collection including attorney fees. If payment is not received upon completion, you may accrue late fees. We reserve our right to pre-lien or lien your property under the state governing laws of the independent contractor.

Please take special note of job description. Paint EZ is not required to perform any projects or tasks not specifically listed in the proposal.

CUSTOMER SERVICE COMMITMENT

The goal for this job is to provide the best customer experience possible. This is accomplished by; being friendly and courteous, by making the client feel part of the process with daily updates and excellent communication, by doing things right the first time, and by respecting your property and your home. We recognize that we are your guests, and we will act as such.


SCHEDULING:

During the busy time of year; May-October jobs smaller than $2000 will be given a more flexible timeframe and will be slotted in when there are gaps on our calendar within that timeframe. All other jobs are scheduled within a work week unless otherwise noted on proposal or through written communication with independent contractor. As that week approaches, we will let you know exactly when we anticipate the work commencing. Some things are out of our control such as weather, but we will do whatever we can to stay on schedule. Please let us know if you have a reason for a hard start date and we will do what we can to accommodate you.


WORKMANSHIP STANDARDS:

Unless otherwise specified on this proposal, standards will be in accordance with the Painting and Decorating Contractors of America (PDCA). PDCA sets the industry standards for the painting industry. These standards are used throughout the industry to provide the guidelines and requirements for specific applications, surfaces, coatings products and application procedures. Other standards are listed below.


CHANGES TO CONTRACT:

1. If you request changes in the scope of work, including levels of prep work or changes in products, finishes, number of colors, number of coats, the price will be adjusted to reflect the changes. 2. Custom color paints/stains are not returnable for store credit, so if you request a color change after we have ordered custom color paints/stains for your job, you will be billed for the paint/stain and charged for the additional labor necessary to repaint/stain areas that had been done. 3. Specialty applications, such as faux finishing or a 2 part application process that is not specifically mentioned in the proposal, will result in a price increase.


SIDE JOBS:

Please do not ask the painters to do work 'on the side' - or outside of Paint EZ. If you want additional work added to your original contract, you can call your rep or the office to schedule that work.


PAINTING APPLICATION METHODS:

In general, we plan on using whichever method will be the most economical and efficient to paint your interior and exterior surfaces. Both methods -brushing and rolling and spraying have their benefits. Spraying can provide a superior smooth finish but may also not be appropriate for furnished homes due to the amount of masking and taping that will be involved. There will likely still be paint dust found in neighboring areas and rooms from spraying and it may even get 'sucked' into your furnace via the air returns. CLEANING: If you are thinking of hiring a cleaning service, please wait until the painting has been completed. We will clean up our trash debris and sweep or vacuum the areas where services are rendered.  We, however, are not a cleaning company.  As a company we will not be deep cleaning your home after our services have been rendered.

CURRENT CONDITIONS:

This quote is based on the condition of the areas mentioned above at the time of the quote with regards to prep, amount of furniture, cleanliness, etc. If something has changed since the proposal was presented, please make independent contractor aware and they will update the proposal as needed.


PREVIOUS PAINT / WORKMANSHIP:

This quote does not account for cleaning up previous workmanship. Removal of drips, spills and poor cut lines from previous work are not part of the scope unless otherwise noted. To prevent poor cut lines, you should paint the adjacent surfaces as well. It is very common to find with new and shiny paint on the surfaces that older imperfections become present.  If there are areas of concern it is your responsibility to notify the independent contractor of these issues prior to the start of the paint work commencing so that they can get you a quotation for the fixing of these issues.
DOORS: Unless otherwise noted, only the side of the door facing the room being painted is included. Each side of the door is counted as a separate door in our quoting and proposal system.


PATCHES / TEXTURE:

We will apply texture to the areas that we repair and patch or will try to match existing stipple - we will try to match the texture or stipple as closely as possible. Please note that a perfect match is impossible - this means that upon visual inspection the retextured areas may be discernible, especially because you as the customer know exactly where to look. COLORS: The pricing below is based on using up to 3 different colors/sheens on this project. If additional colors/sheens or accents walls are desired, additional charges will apply. We charge $250, $150, or $100 depending on which service plan is selected for each additional color or sheen as well as $100+ for any accented walls. Additional costs arise from changes to the painting sequence, purchasing additional paint, cleaning equipment and brushes, and cutting additional lines where the colors meet.


UNFORESEEN CONDITIONS:

As you can see, we make our best attempt to identify every aspect of the painting project to provide you with an accurate price on the work to be performed. However, due to the nature of the business, there may be some issues that arise out of our control. These include, but are not included to, recessed lighting cans not functioning properly, rotten wood not visible to the eye, water leaks that may result in paint failure, etc. Additional work will be charged at $65 per man hr. plus material or other proposal presented to you by independent contractor.


PRICING:

We have provided a fixed price proposal to paint your project- the price you see is the price you will pay unless you request any changes to the scope of the work as outlined above (including the level of prep work specified, the number/complexity of colors, or the product specified), then the price will be adjusted.


PAINT MATERIALS:

In the event that the quoted paint material is unavailable, we will substitute a different and comparable product from another paint brand. This also applies to all materials applicable to your job.

While Paint EZ uses environmentally friendly paints and cleaning products, we cannot guarantee that these products will not affect nearby plant life. In the event that any materials come into contact with grass, shrubs, trees, or other vegetation, Paint EZ is not responsible for any discoloration, damage, or loss to plant life surrounding the work area.


PHOTOGRAPHY:  

We have permission to photograph or video our work and have permission from you to use those photographs for publishing purposes.

Preparation – Interiors (Only applies if specified in proposal)

The following procedures will be applied as necessary to your particular job under normal conditions:

  • All furnishing and floors will be covered and protected by paper, plastic, and/or drop cloths.
  • Walls will have patched and sanded to fill normal wear and tear items. These will include nail holes and minor wall blemishes. If extensive wall prep is necessary it will need to be included in proposal as we only quote standard preparation in the proposal unless it states otherwise. We follow PCA level 2 Standard for our prep standard. (This does not apply to new construction work, unless otherwise specified in the proposal.)
  • Fill wall and ceiling cracks with spackling compound, let dry, and sanded smooth. (This does not apply to new construction work, unless otherwise specified in the proposal.)
  • Glossy surfaces and trim will be lightly sanded and cleaned to assure proper paint adhesion. (This does not apply to new construction work, unless otherwise specified in the proposal.)
  • Re-caulking of cracks in wood trim and along wall/trim interface when trim work is to be painted. If this project is for walls or ceilings only trim work will not be caulked without it being listed in the proposal.
  • Work areas will be cleaned-up and debris will be taken away at the end of the project.
  • Upon completion, left over paint will be labeled and left at the job site
  • Hardware to be removed and re-installed. Includes switch plates and receptacle cover plates. Door knobs, thermostats, alarm system hardware will not be removed unless otherwise noted in the proposal.

Preparation – Exteriors (Only applies if specified in proposal)

The following procedures will be applied as necessary to your particular job under normal conditions:

  • All necessary areas will be covered and protected with drop clothes or plastic.
  • Surfaces will be prepped using standard preparation.  If more extensive prep work is desired it needs to be included in the proposal or otherwise it is an additional charge change order.
  • Gaps and cracks will be re-caulked as long as it does not interfere with building envelope being too tight, or areas where gaps are there to allow for moisture drainage.
  • Glossy surfaces and trim will be sanded and cleaned to assure proper paint adhesion
  • Scrape and sand rough areas when lead is not an issue due to previous paint failure
  • All new and raw wood will be primed as needed
  • Apply a stain sealer to water stains and tannin wood stains
  • Work areas will be cleaned-up, and debris will be taken away
  • Upon completion, left over paint will be labeled and left at the job site

Insurance

  • Liability insurance and workman's compensation insurance are carried by independent contractor.
  • Please feel free to contact us to receive a copy of a Certificate of Insurance.

Limited Warranty

  • Paint EZ warrants labor and material for a period of two (2) years. LIMITED TWO YEAR WARRANTY Subject to the limitations set forth below, for a period of 24 months from the date of completion of the work described on the front of this contract, the Independent Franchise Owner named on the front of this contract (the “Contractor”) will repair peeling, blistering or chipping paint resulting from defective workmanship. THIS LIMITED WARRANTY DOES NOT COVER: • Any work where the Contractor did not supply the paint or other materials. • Any work which was not performed by the Contractor. • Varnished surfaces. • Surfaces made of, or containing, galvanized metal. • The cost of paint required to perform the repairs. • Repairs to horizontal surfaces or any surface that, by virtue of its design permits moisture to collect. Surfaces include, but are not limited to, decks, railings, stairs, porches, roofs, and wood gutters. • Exact paint match as environmental conditions will affect the color and finish of all paints 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. • Bleeding caused by knots, rust or cedar. • Cracks in drywall, plaster or wood. • Peeling, blistering or chipping where they are caused by: - mill-glazing from smooth cedar - ordinary wear and tear. - abnormal use or misuse - peeling of layers of paint existing prior to the work performed by the Contractor. - structural defects. - settling or movement. - moisture content of the substrate. - abrasion, mechanical damage, abrasive cleaning, 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 Contractor. 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 Contract.
    FOR THIS WARRANTY TO BE VALID, YOU MUST: • Pay the full contract price. • Retain a copy of the original contract. • Retain a copy of your cancelled check or other evidence of payment in full. • Make the property accessible to the Contractor, or his employees, to perform the repairs THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE BY THE CONTRACTOR AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY THE CONTRACTOR TO THE ORIGINAL PURCHASER NAMED ON THE FRONT OF THIS CONTRACT. IN NO EVENT SHALL THE CONTRACTOR 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. This warranty gives you specific legal rights. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above imitations or exclusions may not apply to you.

Extended Service & Touch Up Plans

  • Purchasing a 5 or 7 year extended service & touch up plan requires that the project must be paid in full to qualify for the standard warranty and and 5 or 7 year service and touch up plan. Touch up details are below:
    • Interior Touch Up Plan Details
      • Customer must maintain original paint and keep it in a temperature moderated location (42 - 80 Fahrenheit)
      • Painter will only use a standard paint brush or artist’s brush to do touch ups. Repainting entire walls/baseboards/doors is not applicable.
      • Touch ups only applicable on surfaces below 10'
      • Customer must call in to schedule each year or use online scheduling tool
      • Painter will come prepared to perform touch ups for 60 minutes for free. Additional time for touch ups can be purchased and will be billed at $65 per hour with a 1 hour minimum and in 1 hour increments and must be scheduled and paid for at least 2 weeks in advance of scheduled touchup session
      • Typically we can get to 25-35 areas marked by a piece of tape within the 60 minutes timeframe
    • Exterior Touch Up Plan Details
      • Customer must maintain original paint and keep it in a temperature moderated location (42 - 80 Fahrenheit)
      • Painter will only use a standard paint brush and/or 4" mini roller to do touch ups (no sprayers). Repainting entire walls/trim/doors is not applicable.
      • Customer must call in to schedule each year or use online scheduling tool
      • Painter will come prepared to perform touch ups for 60 minutes for free. Additional time for touch ups can be purchased and will be billed at $65 per hour with a 1 hour minimum and in 1 hour increments and must be scheduled and paid for at least 2 weeks in advance of scheduled touchup session
      • Typically we can get to 20-30 areas marked by a piece of tape within the 60 minutes timeframe
  • We will do the best to make the touch-up spots match, but cannot guarantee the paints will match or touch-up perfectly.
  • In the unlikely case of a dispute or arbitration, direct costs for upgraded materials will always be added to the base project cost to account for the upgraded products used.

Work Standard

  • All work will be subject to Painting Decorating Contractors of America (PDCA) work standards as they are the governing body for painting contractors. All work is to be completed in a workman like manner according to standard practices. Worker/s will remain on job until completion of project, unless other arrangements have been discussed and agreed upon. Work site will be cleaned upon project completion. All agreements are contingent upon strikes, accidents, or delays beyond our control.
  • The painting contractor 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 new 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 four feet or more under normal lighting conditions and from a normal viewing position. In a repaint situation some lumps or wall variations may have been caused by previous paint work. It is your responsibility to show the independent contractor these issues prior to the commencement of the project. We will do our best to fix these items but it does not mean that the walls, trims, or ceilings will necessary look new and void of imperfections. Also, previous paint colors on ceilings or trim work will not be addressed unless otherwise specified in your proposal. Low tack painters’ tape may be used to protect floors. Damage to floors from low tack painters tape is a sign of failed/improper floor finish, and is the responsibility of the flooring contractor or owners. Paint EZ and its affiliates are not responsible for tape damaging floors.

Customer Responsibility

Please take specific note of job description.

  • Colors must be chosen three business (3) days prior to start date unless proposal acceptance and start date are less than seven days. An additional cost will be charged for color changes made after commencement of work.
  • Closets are not included in price unless otherwise stated in your proposal.
  • Please have fragile or breakable items and electronics moved out of work areas prior to start of project. We will not be responsible for breakage of items that we're asked to move whether it's furniture, or other room contents. Paint EZ nor it's franchised affiliates are responsible for moving televisions, refrigerators, washing or drying machines, pianos, or grandfather clocks. If we are asked to move these items, we will ask you to sign a hold harmless agreement, and you may be billed for our labor rates to do so. Paint EZ will not be responsible for damages that may occur moving these items.
  • Alarms must be turned off while work is in progress.
  • Wallpaper is to be supplied by customer. Some wall coverings may be priced higher to install; ie., untrimmed paper or use of lining paper.
  • Pets must be removed from the areas where painting is to be done for the entire duration of the project. In the event the entire house is to be painted, a pet cannot be present at any time during the project. All costs to house a pet at a shelter are the customers responsiblity, including all costs due to delays on a project.  We want to be able to ensure the health and safety or your pets, as well as our crew members.
  • Customer must be available to meet with foreman on the last day of job.  If that is not possible customer must pay the remaining balances of the Proposal that day.

This is only a proposal and your acceptance is subject to your approval and our approval in order to make this contract binding.

Change Orders

  • If after you agree to this work, you desire any changes of additional work, please contact the independent contractor as the cost of all revisions must be agreed upon in writing and signed prior to work being completed. Workers are instructed not to undertake additional work without authorization.
  • Starting date is to be agreed upon verbally and we will let you know within 24 hours of the projected start date. Changes may require additional cost if you desire to change the dates after an agreed upon start date.
  • It is essential that the work area be available to us, free from other trades. As a result of trade interference, Paint EZ may leave the job and additional charges may be incurred.
  • Due to the concealed conditions of existing wall coverings, it may be impossible to estimate the labor of removal and preparation necessary to achieve a properly painted or wall papered 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, added labor and material cost may become necessary. If these conditions exist, the owner will be notified before further work commences.

COST

  • We propose to furnish material and labor - complete and in accordance with the above specifications for the sum of all as stated above. Individual tasks, if selected, may require additional pricing. Price is valid for thirty (30) days, unless otherwise noted.



Buyer's Right to Cancel:

You may cancel this agreement without any penalty or obligation within three (3) business days from the date you sign this agreement. To cancel this agreement, you must provide written notice of your cancellation by email to cancellation@paintez.com within the cancellation period. Upon timely cancellation, you will receive a full refund of any payments made under this agreement within 7 business days.


Acceptance of proposal

  • Please indicate your acceptance of this proposal by signing both copies and returning one copy.
  • We must have your signed copy in order to secure a start date.
  • By signing this contract, I acknowledge that I have read and understand the terms of this proposal.