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STANDARD TERMS. AND.CONDITION'S OF CONTRACT
<br />1. Fresh Paint Inc shall be. referred to below as "Fresh Paint", The party accepting this proposal of.Fresh paint ihbll'be referred to below as "Client?'. By signing (his agreement Client ccrulies they
<br />ono the property to be improved or are the authorized avem of the ownet.per Mn Statute 514.041)(2), If Cltent is: not rbeowtrer, Client agrees to provide Fresh rPal nrwiEll the name and address
<br />of the owner within Ep days of Agnutg this agreement pursuant to Mn Statute
<br />2. Fresh Paint will provide tabor and equipment for the above describedjob fnrstated amount, antdwill proceed without delay from.stan to finish whencverpnssihle, Maierials are included in the
<br />jc•b price onlyff so stated above.
<br />3. Fresh Painrtelli schedule the]ob and procure state materials on behalf of Client on receipt of a signed copy of ihls coutractarad the requested down payrr iu. Down payments am nan-refundable
<br />and will he applied against the account on (he Ilnal siateatenr.
<br />4. Fresh Paint assume, no liability En perform any work nor specrficailyStated in the contract. Labor or material which ls:not expressly -Slated in the.above.job descriplionvAll be provided for an
<br />extra charge. Fresh fairs( wilt inforin the Client of the stature of the extra charges before performingg the extra work. .
<br />5: Fresh .PaIm tvllf carry public IlehiIity and workers•compensation insurance coverage on the job to toe limits and as requiredby thelaws of this Siate, and upon request.wifl hive its agents
<br />provide a cerEificwte of said coverage to Client by US mail or facsimile transmisslcn.
<br />6. Unless.stated above. Client is responsible for removing all personal property to a sale tocanoh away from the wort: area.
<br />7. To aid office/crew commit IC,10on and the fwcrformance of Clienr'sjob. Client agrees ta:provtde Water,:eleeiriCf(,v, lavatories, building access, and storage as deemed necessary by Fresh Paint for
<br />smooth operations. Arrang¢inenns for access to locked building will be made at:time .of scheduling.
<br />a.- Client agrees to pay the full stated price immediately upon substantial job completion andlor.lssuance of an invoice by Fresh Paint, Tlreterm "substantial job rompletion" means complete la a
<br />Substantial degree, but not necessarlly through final rough -up.
<br />9. Client agues to pay Fresh Paint a finance charge of 1.5% per month or portion thereof, but in no case to exceed the maximum legal rare, on any amount ttat'paid within ten days.after in invoice
<br />is issued by Fresh.Paw. Client agrees to pay all rcasonable attorney fees on Costs and disbursements -which Fresh Paint Incurs as a result of Client's failure to pay invoicesina timely manner,
<br />i ocluding.drase costs uicurred in filing and foreclosing a kleehantc's lien orotherwise instituting Suitt against Client fair paymenk of gnomes due.and owning,.as'well as post judgment interesr,
<br />Lust and reasonable amxnry's fees for collection
<br />10. Fresh Paint shall not be liable to Client if (he fulfillment of any of the terms of this agreerri are delayed or prevented by. riots. wars, acts of enemies, national cmetgencics, strlkes, floods,
<br />fires, acts of Cod, inclement or cold weather. at by any other cause not within tltp, control ofFresh Paint with which, by the exercise of reasonable dilt6ence,.Fresh Paint IS unable to prevent
<br />11. If Fresh Paint encounters lead based paint or any other material such as, but not limited to, asbestos or poly r-h hirinated blphenyl (PC11) which by is required to be ahawd and about which
<br />Fresh Faint has not been notified in writing prior to performing bid and entering contract. Fresh Paint will stop work and not be responsible for the. abatement. Client will hold Fresh Paint
<br />harmless as to any' liability resulting from such material unless Fresh Paint has spectfically contraced for the abatement.
<br />12-Client agrees that Elie standard or quality for the job, unless expressly stated otherwise and as Innned or modified on the face or this agreement or incorporated documents, wlll.be thatleeel.of
<br />quality of finished project which a reasonable objective party would accept, as set forth in the PDCA PI-19'Tobch-Up Standard". Touch-ups by Fresh Paint of damage eaused.by otherswill.be
<br />performed an orders of client and will be cmnpcitsated by client with a time and price adjustment.
<br />13. Client aisumei responsibility for disposal of waste generated by the performance of this rob unless expressly contracted by Fresh Paint,
<br />14, This agreement represents the entire agreemew between the panics and all oral agreements made prior to or eooeurrendy with the execution of this. a gm a menu shall be merged into. the
<br />.agreement. Excep( as otherwise herein provided, no modification or cancellation of this agreement shall be effective unless in writing and signed by the pan{es.hemot,
<br />15, This contract and any limited warranty is not assignable or transferable by Client wi(hout prior written agteetrienE of Fresh Paint.
<br />15. Acceptance of this proptiral by Cllem is expressly conditioned upon agreement to all terms and conditions comained herein. In the eveni ol.a conflict be-tween terms and provisions of this
<br />proposal and a subsequent written agreement entered by the parties, the former document shall govern.
<br />17, Client agrees to submit to binding arbitration for resolution of any disputes regarding the performance of tke Job orany of (he terms and conditions contained herein, with the crisis of arbitration
<br />being apportioned in the final judgment.
<br />18. This proposal may be volde d by.Fresh Paint If nd. accepted within 30 days.
<br />NO.=& -OF LIEN RIGHTR IN THE STATE OF MINNESOTA
<br />a. Any person OrcgtWRY „ lylgg.F�6oroetry(edttT inrlbisimprogEioeM.iilyotirpioperty may file alienigalosi your propcny if that lice I tdecamoi ly is -not paid for their contributions.
<br />b. Under minneso(slaw,'ym vetheri&topayper'sginia* osuppilea•laborermaterials for this improvemen( directly and deduct this at"= Iran Out contract price, or withhold the amnunns
<br />due them from us yinti1:120 day.R after Sompilidg i iif t1u ltnprovemtnt yr i Wp give you a lien waver signed by per cis who supplied any tabor or materials for the improvement and who gave
<br />you umeiy.notice.
<br />PLEASE NOTE...
<br />Fresh Paint uses stare of die an: techniques on all jobs: In some.cases we will specify atdditional prep oruncomEnt on prinims.andSit rface.conditioners to insure maximum bond -items you won if rid an
<br />most other bids - as based on ongoing research..Our best efforts at extending a job's life, bowever, are no match for a building with structural, ventilation, or insulin Jon problems, or excessive p.1 int coats.
<br />Such problems wilt causc premature roaring failure by allowing moisidc,Bracervaprrr, acorrosives to destroy the blond betweenthe.coating and the surface, so it ISO your hest. interest So cal, n these
<br />situations before or concurrent with the performance of this job.For Hide Inlotsnatldnoawhy Coatings fail and how your canhelp prevent this, please eonsuh the Fresh Paint report on ri r, 1,t
<br />how 1* Carl be corrected, available free of charge upon request from Fresh Paint.
<br />.2 YEAR LIMITED. WARRANTY
<br />Fresh Paint warrants this lob against paini coat failure caused by improper preparation or applicat(on.of materials fora period of 2 (two) years from the date of ibis agreement, except In cases. of new.
<br />construction, where the warranty is limited to I (one) year. Claims must bemade within theguarantee period;.in writing, and within thir(v days after the claimed condition has occurred. Failure to give
<br />timely wriaea notice shall discharge Fresh Paint from any obligation under this warranty.
<br />If after inspection Fresh -Paint determines the claim is covered under this warranty, Fresh Paint or its agents will repair any of these conditions free of charge. CondWomn eabsed by abuse, neglect,
<br />Improper or inadequate ventilation or insulation, Inadequate exhausting or diverting a vapdr, steam.or moisture, structural defect, excessive or failing underlying coatings, deteriorated substrates, placing
<br />.the finish In service prematurely, orders go apply finish to surfaces to adverse condi(ions, or -any odlerpre-e..xtsling condition, circumstance or cause not:within the control of Fresh Pahn and not caused by
<br />improper applicattori or preparation by fresh Paint staff, are not covered, The foregoing steals be the only remedy of the Client under this warranty: In addition to specific linniatfons printed above arid on
<br />.ihe reverse ride, all materials used in this job mutt he supplied by Fresh Paint or approved In writing by Fresh Paint In advance of us_
<br />If after inspectloit Fresh Paint determines that a claim is not covered under this warranty, the Client shall have no recourse against Fresh Paint: Fresh Paint will attempt to notify the Client on the reverse
<br />side of readily perceived problems that could eaustcoating failure, hos,Tver failure of Fresh Paint irk provide such a diagnnsis shall iol o Way cause Fresh PaluttObeliable forany past, present, or future
<br />problems, their correction and effects.
<br />This warranty is givien as the exclusive.warrarity, and remedy, and nn.otherwarroililes, express.brlsnplied urcluding warranties of.merchaneability or fitness fora particular purpose or purposes, ara
<br />made: Fresh Paint bliall not be liable for any special, ineidenlal, orcdnse"tial damages.
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