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
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.
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.