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Contract and terms.

19K views 28 replies 9 participants last post by  AFI 
#1 ·
I'm glad to found this forum with active paintors. So this is my first topic and hope not the last one.

I found out during the time talking with others contractors on my area that they don’t have a real contract that protect them self against any problem with a customer. Some of them (like my self) start with a simple or generic contract (provide in good faith by a paint store sales rep.) or hire a lawyer to make one for you and later found out that is the same thing.

So I collected all the experiences of all my colleges and myself and prepare a beta version of a real contract to protect our business. I want to share this with you, take a moment to review it, make comments, give me your feed back, lets work together on this, we could save the business of some one.

Be advice
1) This could vary from state to state so at the end give to a lawyer to make sure that comply with all the state rules and laws.
2) There are some grammar and spelling mistake.
3) This is good for residential and small commercial jobs
4) Large commercial contract need another type of contract. But you can implement some of these items.

Thanks

Art

---------------------------------------------------------------

Front of your Contract were your clients will sign.

ACCEPTANCE OF CONTRACT
I acknowledge that I have read and agrees to be legally bound by all contract terms and conditions contained in this contract and on the REVERSE SIDE. I have received a duplicate copy of this Contract and have full power and authority to sing for and bind the contractor. By signing this contract I allow My Company Name to obtain credit bureau report in connection with the review or collection of this account. In addition, I personally guarantee payment of all amounts due from My Company Name. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above

SEE BACK FOR TERMS AND WARRANTY


Back of your contract
Terms

a. Customer/s Owner/s hereby applies for the central described on the reverse side subject to the payment terms described on the reverse side.

b. My Company Name reserves the right to change rates and any other term in this Contract upon thirty days written notice to Customer/s Owner/s. Customer/s Owner/s shall have the right to terminate this contract if any such change is not acceptable upon written notice to My Company Name within the thirty-day period. If Customer/s Owner/s does not so notify My Company Name, such change will be deemed agreed to by the parties. Under any termination of this contract by you or us you will continue to be obligated to pay all amounts owing under this contract, and to otherwise perform the terms and conditions of this contract.

c. In the event that payment is not made in accordance with the conditions of this contract. My Company Name, reserves to: right at any time without notice to Customer/s Owner/s, to cancel or any of the paint work, which is the subject of this contract. My Company Name reserves the right to cancel credit granted to any Customer/s Owner/s at any time, with or without cause

d. If invoice is not paid in accordance with the terms, there shall be added there to and made an integral pad thereof part thereof a late charge at the rate of 1.8% per month on the unpaid balance for each month or oration of a month, that such balance remains unpaid, plus all costs incurred in collection, together with attorney's fee of 30% of such unpaid balance.

e. lf credit card information is provided to My Company Name, then Customer/s Owner/s and the authorized user of such credit card hereby authorize My Company Name to charge such credit card for all which become due to My Company Name under this Contract and future Contract with My Company Name This authorization can be revoked only by written.

f. We may accept checks, cashier checks or *money order showing payment in Full" or using other language to indicated satisfaction of your debt ("disputed amount") without waiving any of our rights to receive full payment under the term or this Contract.

g. Return check is subject to a $30.00 fee and payment must be paid in full by a cashier check or *money order.

h. If Customer/s Owner/s is an agent for the entity on behalf of whom the Customer/s Owner/s is placed. Customer/s Owner/s shall pay My Company Name all amounts due under this Contract, regardless of the entity's failure to pay.

i. The pricing term offered by My Company Name in connection with this contract constitutes confidential and may not de disclosed by either party to any third party except as necessary to carry out the term of this Contract or as required by law.

j. Contract can be cancelled by the buyer by notifying in writing My Company Name, within three business days from the date the buyer signs the contract. However is subject to a cancellation fee of 20% of the total contract amount plus any expense was involve on this job.

k. Additional Change Order must pay on signing with no exemption.

l. In case the Customer/s Owner/s for any reason stop the work ones we start, must pay for the day/s not worked additional to the contract. A mobilization fee will apply.

m. Federal law requires that Customer/s Owner/s receive certain information about lead if your property was built before 1978. In case your property contains lead paint on more than 2 square feet of paint we are not able to continue the paint job unless precaution takes place accordingly to the EPA (United States Environmental Protection Agency) regulations at Customer/s Owner/s expenses. Please refer to EPA publications EPA747-K-99-001 and EPA747-K-97-002.

n. In the event we found any anormality beyond our hands that we didn’t detect at the moment of the estimate and result for extra work a "Change Order'' is written for the additional work.

o. Is Customer/s Owner/s responsibility to inform My Company Name is there are any living forms on the property that can be affected in any way by VOC’s (Volatile Organic Compounds) & Formaldehydes. My Company Name is not responsible for any damage caused by product used during the paint work.

p. My Company Name is not responsible for any broken or loose roof tile before, during and after work is complete

q. It shall be the responsibility of the Customer/s Owner/s to perform any trimming or pruning of foliage necessary to prevent any problems with the requirements of the coating work.

r. The Owner shall be responsible to remove or protect loose objects in the work area that are not included in this scope of work. If such items are not removed, the contractor shall not exercise due diligence to protect any such items, and will not be responsible for any damages. Including any type of vehicle/s on the property or surrounding areas.

s. The Owner shall be responsible for providing proper parking space for company vehicles and/or personal vehicles, and equipment as necessary to complete all work.

t. Approximate Starting Dates and or Approximate Paint Work Duration are not exact dates and could vary depend on weather conditions strikes, accidents or delays beyond our control.
 
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#2 ·
nice

Mines pretty lenthy also... got most of the info here actualy..(thanx guys)
some stuff I'd leave out.... major stuff in my opinion that you missed are..

Provisions on bathrooms..... Proper disposal of paint cans (I leave it soley up to the customer to dispose of all my trash) and a section on color choice.. who makes it.. who signs off on it.. and what happens if it is deamed unworthy by the customer after being applied for days?
 
#3 ·
Yes, as well as Kelly, mine is pretty long and I got most of the stuff from the members too.

Some other things that I have include are furniture moving, job access (times), warranty, and the ability for the customer to cancel within 3 days.

I noticed in "I" you say the customer must pay for days missed, but there is no man-hour price included. Having one would eliminate any argument.

As far as "P" you might be able to get the customer to believe that, but I'm pretty sure that wouldn't hold up in court, as you can't eliminate your liability.

I am going to use your "pay at time of signing" of chage orders if it's alright. I have something about chage orders, just not about payment.
 
#4 ·
We have a seperate form for the 3 day right to cancel. It is our understanding that by law the client receives one copy and signs the other copy acknowleding receipt of right to cancel, which is basically the same form but with a place for your clients signature at the bottom. Also, from what I understand if they cancel within that 3 day period that are entitled to a full refund without deductions. I could be wrong, but that is my understanding of the law.
 
#5 ·
We have a seperate form for the 3 day right to cancel. It is our understanding that by law the client receives one copy and signs the other copy acknowleding receipt of right to cancel, which is basically the same form but with a place for your clients signature at the bottom. Also, from what I understand if they cancel within that 3 day period that are entitled to a full refund without deductions. I could be wrong, but that is my understanding of the law.
But what happened if you bought some materials already
 
#6 ·
I usually use a standard proposal, write in the exact work to be done and terms. If a deposit is required, I let the customer know that a deposit is not the same as an advance.

Everything gets signed. I've never had a problem that could not be solved by referring back to the proposal. If the customer wants something that's not in the proposal, such as disposal of paint cans or something else small. I give it to them.

If they give me lunch and then want me to spend an extra day working on something that's not on the prosposal, I usually won't do it.

I will bring in the garbage cans, newspaper, let the dog out and other small things a customer appreciates.

However, I do my best to work alone, which means reasonably small jobs.
 
#7 ·
My contract I also got from members here quite a while ago. It has since been edited heavily and is about 9 pages long. There is no doubt my customers understand that this is a business and there won't be any funny stuff.

If we have purchased products we can not return, we are keeping the money. Point blank. Honestly, I don't care what a judge would say about that, although I think they would agree. We wouldn't be buying stuff for their job had they not signed a legally binding contract and given us a check in good faith for said services.

This is all clearly stated in my contract though, and isn't something it takes a rocket scientist to figure out. If we bought something we only intended to use for one client like tinted paints, we have the right to be compensated for such purchases believing that our client was a grown man/woman with enough sense to understand the contract they signed hiring us to do work.
 
#8 ·
This is all clearly stated in my contract though, and isn't something it takes a rocket scientist to figure out. If we bought something we only intended to use for one client like tinted paints, we have the right to be compensated for such purchases believing that our client was a grown man/woman with enough sense to understand the contract they signed hiring us to do work.
The three day right of recension can't be challenged, they can cancel within three business days, and if you have bought materials you are just out of luck.
 
#10 ·
Hmm.....Guess I'll have to fight that one in court if it ever comes down to it.

I'm not one to keen on bending over backwards for ignorant laws. If a grown a$$ man signs a contract and writes me a check, he should understand that he has hired someone. If we buy materials that we can not return that are specific to his job only, they are paying for it....period. Also, if we start work before the three days are up, I would consider that as meaning the customer has waived their right to cancel.

What can I say? I'm a non-conformist. I'm not paying out of my pocket for the customer's materials, and to be honest, I don't care what a judge says about it. There is nothing un-just about making a customer pay for materials you purchased for their project in good faith. I truely don't care much for the 3 day rule, although we are sure to inform the customer. Aside from extreme circumstances, the person would have to be mentally incapable to not understand what they signed and why they wrote a check.

If a law is un-just, it is your duty as a patriot to ignore such laws. I'm number one in the list for such actions.
 
#11 ·
Hmm.....Guess I'll have to fight that one in court if it ever comes down to it.

I'm not one to keen on bending over backwards for ignorant laws. If a grown a$$ man signs a contract and writes me a check, he should understand that he has hired someone. If we buy materials that we can not return that are specific to his job only, they are paying for it....period. Also, if we start work before the three days are up, I would consider that as meaning the customer has waived their right to cancel.

What can I say? I'm a non-conformist. I'm not paying out of my pocket for the customer's materials, and to be honest, I don't care what a judge says about it. There is nothing un-just about making a customer pay for materials you purchased for their project in good faith. I truely don't care much for the 3 day rule, although we are sure to inform the customer. Aside from extreme circumstances, the person would have to be mentally incapable to not understand what they signed and why they wrote a check.

If a law is un-just, it is your duty as a patriot to ignore such laws. I'm number one in the list for such actions.
I'm agree 100% with you.

Art
 
#14 ·
If a law is un-just, it is your duty as a patriot to ignore such laws. I'm number one in the list for such actions.
That's an ignorant statement...no offense.Tax laws are very unjust, laws restricting me to wear a seatbelt in my view are unjust, many property laws are very unjust, your'e saying that if one determines in his world a law to be un just he should simply ignore it?

Next time your taxes are due just pay what you feel is just and ignore the rest:rolleyes:
 
#15 ·
Next time your taxes are due just pay what you feel is just and ignore the rest:rolleyes:
Heh, I like this dude. No really, he was referring to the three day law, and he's right to the point that if within two days he has already bought the materials... the deposit can and will reflect that amount if they raise that law... No way i'm gonna eat a 5 of custom, unreturnable paint either.. and if they try to sue for that 80 bucks... let em. :thumbup:
 
#17 ·
Cool, but it doesn't apply, i've already talked to the commision, services rendered are different in all states... in THIS state services are not taxed, and in most cases exempt from the 3 day rule. We do not supply a product, we supply a service.

edit - the wording is "on a continuing basis", one timers aren't effected by that byline.
 
#22 ·
Exactly, why fret over tomorrow today? Hell, any contract you guys show me I can point at 20 lawyers that can poke holes all through it. Does it matter? Not really, if... as I pointed out above from George Z's post... you are ethical, then none of this really matters.
 
#25 ·
Yes, I am saying you should ignore unjust laws, and that's cool if you think it's ignorant because I wasn't the first to say it...What do you think a trial by jury is for?
But you have to ask yourself, what is an "unjust law". And what may appear just to you may appear unjust to someone else. Where do you draw the line?

The IRS tax code is actually constitutionally illegal.
Be that as it may, if you refuse to pay them you will go to jail.

Tell me, what laws that you don't like are you not adhereing to? Like I said, there are many laws that I disagree with, that I believe to be unfair, and unjust, but that doesn't mean that they are not laws, and that I can just exempt myself from them.
 
#27 ·
But you have to ask yourself, what is an "unjust law". And what may appear just to you may appear unjust to someone else. Where do you draw the line?

Be that as it may, if you refuse to pay them you will go to jail.

Tell me, what laws that you don't like are you not adhereing to? Like I said, there are many laws that I disagree with, that I believe to be unfair, and unjust, but that doesn't mean that they are not laws, and that I can just exempt myself from them.
No, not really. There are thousands that don't pay taxes their whole lives.

Why does it matter what laws I don't like and don't adhere to? The list is long...I adhere to the boundaries set forth by the constitution, but there are many idiotic laws I'd rather die than follow mindlessly. BTW, you can actually exempt yourself from any law, even murder. All you need is one juror that agrees.
 
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