Terms of service
DAVIS PAINTING
HQ: 420 N Penn St Ste 1, Spring City, PA 19475
JERSEY SHORE: 616 Ocean Heights Avenue, Linwood, NJ 08221
Email: office@davispainting.com
Office Phone: 484-791-3466
Thank you for choosing Davis Painting as your quality contractor for your project.
TERMS AND AGREEMENT
1. Licensing
Company warrants that they currently hold a valid license, PA License 106463, under the laws and statutes of the State of Pennsylvania as well as a valid license, NJ License 13VH12961100, under the laws and statutes of the State of New Jersey. A Certificate of Insurance is available upon request.
2. Approximate Start Date
Company shall commence work under this Contract on the date scheduled and agreed upon between Office Manager and Customer. Company shall be deemed to have substantially commenced work when equipment is moved onto the jobsite. Allowance in approximate commencement and completion dates shall be made for any delays attributable to circumstances beyond Company’s control.
3. Inspection of Completed Work
Upon substantial completion of work, while the crew is still on the job site, the Owner agrees to become available for an inspection of the work area with the crew leader, and complete a job sign off. The inspection must occur under normal lighting conditions, without magnification, and from a normal viewing position, as in accordance with accepted PCA industry standards. Any defects or incomplete items should be noted at this time. Payment will be expected on the date of the final walk through. If Owner is not available, payment and job sign off will be due within five business days of completion or a $50 daily late charge will be added to the project cost. Once the owner completes the job sign off, any issues or concerns after will be subject to additional charges.
4. Drawings and Specifications
The project will be constructed according to the invoice, which has been examined by Owner and Company, and signed and agreed upon by both parties prior to this Contract.
5. Use of Premises
Unless otherwise specified, Owner will provide all water, sewer, gas, and electric utilities from the point of entry at Owner's property line or, if metering devices are required, to those devices. Owner agrees to provide the electricity that Company requires at the jobsite to complete the work.
6. Access to Work
Owner shall grant free access to work areas for workers and vehicles and shall provide areas for storage of materials and debris. Owner agrees to keep driveways clear and available for movement and parking of trucks during scheduled working hours.
Owner shall be responsible for securing all entrances to the jobsite in a manner adequate to prevent persons other than Owner, Company, and any authorized workers or material suppliers from gaining access to that site. Company shall be responsible, at the end of every workday, for storing all equipment and materials in the facilities provided by Owner. Company shall not be liable for damage to driveways, walks, lawns, shrubs, or other vegetation by movement of trucks, workers’ equipment, materials, or debris that are not removed or protected by the homeowner prior to our arrival.
Our workday is scheduled from 7:30 AM to 3:30 PM. Company shall keep Owner advised as to the hours during which work is scheduled to be performed at the jobsite. If Owner denies access to any worker or supplier of materials during scheduled working hours, then Owner will be deemed in breach of this Contract and subject to liability for any damages caused by the breach.
7. Hazardous Materials
Unless otherwise specified in this Contract, the removal, disturbance, or transportation of hazardous materials, including asbestos, is not Company's responsibility under this Contract. The parties agree that, if Company encounters hazardous materials in the course of the Project, Company shall stop work immediately and notify the Owner, who may then retain a qualified professional to perform the work.
8. Work Allowance, Conflict, and Abnormal Conditions
Owner agrees that if the Company is unable to complete the Services by the Completion Date because of reasons that were not caused by the Company (i.e., availability of necessary supplies, specific paint color, etc.) or because of events beyond the Company’s control (such as fire, flood, acts of God, vandalism, etc.), the Company will not be deemed to have breached this Contract and the time for the Company to complete the Services will be extended by the amount of time reasonably necessary to complete the Services and at a schedule agreeable to the Parties. The time for the Owner to pay the Company for the Services will be extended in the same manner.
Company not responsible for exterior paint failure beneath coatings applied by previous Painters or homeowners. IF a failure occurs, and it is questioned whose responsibility it is, Davis Home Services will submit samples to the manufacturer to determine where the coating failed.
9. Color Selections, Extra Work, and Changes
Color selections and sheens are to be decided and selected by the customer. We recommend Benjamin Moore and Sherwin Williams. Both stores have help available in store if needed.
At least a week prior to us arriving for your project, please email office@davispainting.com with:
*Color Name, Sheen for Walls and Color Code for each room/area listed on the work order
*Sheen for each wall color selected
We allow one color per room to be painted. Any accent colors added start at $150 extra per wall.
This is a 10% to 30% upgrade for deep bases and off whites that require primer coats and/or additional coats. Please talk with your sales rep to discuss.
Prep work entails making all repairs necessary including nail pops, stress cracks, dings, caulking gaps, sanding, and scraping any loose paint.
All prices reflect one color per room; and white for ceilings and trim if applicable.
Adding a custom color for ceilings and/or trim adds 5% to the total cost of the job.
*All prices for interior painting are quoted using Sherwin Williams/Benjamin Moore products
If Owner directs any modification or addition to the work covered by this Contract, the charge for that extra work shall be determined in advance and the cost shall be added to the Contract price in addition to Company's usual fee for overhead and profit. Owner shall make payments for all extra work as that work progresses, concurrently with regularly scheduled payments.
Company shall do no extra work, or submit additional charges, without the prior written authorization of the Owner. Any authorization for extra work shall show the agreed terms and shall be approved and signed by both parties.
10.Plumbing & Electrical Service
Painters are not obligated to perform any work in regards to plumbing and electrical services. Any such work shall be an extra work item.
11.Plaster
Painter calls Owner's attention to, and Owner acknowledges, the limitations of patching plaster. While Painter shall make every effort to match existing textures, colors, and planes, exact duplication is not promised.
12.Termite Work
Company is not obligated to perform any work to correct damage caused by termites or dry rot. Any such work shall be an extra work item.
13.Removal of Material and Debris
Except for items designated by the Owner in writing prior to the commencement of construction, Company shall dispose of all material removed from structures in the course of alteration. Company shall remove all debris on termination of work and shall leave the premises in neat, broom-clean condition.
14.Liability Insurance for Personal Injury and Insurance for Personal Damage Except as otherwise provided by law or regulation, Painter agrees to maintain liability insurance covering Personal Injury in an amount no less than $50,000 and insurance covering Property Damage caused by the work of a home improvement Painter in an amount not less than $50,000. The current amount of insurance coverage maintained by Painter at the time of signing the contract is: A) Personal Injury - $1,000,000.00; and B) Property Damage - $1,000,000.00. Davis Painting is ensured under National Associates of Doylestown/Donegal Insurance. Any further questions, or the need for additional documents, please reach out to office@davispainting.com.
15.Pets
All animals are to be safely removed from any areas of the job site where the Company will be working. We are not responsible for moving or relocating the animal. If the animal is not free and clear from the work area, our Company will leave and return on another date determined between Office Manager, Owner, and Homeowner. A fee will be charged if our Crew arrives at the site and has to leave due to a free range animal issue.
16.Workers Compensation Insurance
Company shall carry workers compensation insurance to protect Company's employees during the progress of the work. Homeowners shall obtain and pay for insurance against injury to homeowner's own employees, persons under homeowner's direction, and persons on the jobsite at homeowner's invitation.
17.Protection of Owner’s Property
Owner agrees to remove from the jobsite or to otherwise protect any personal property including, but not limited to, rugs, drapes, furniture, shrubs, and plantings. Company shall not be held responsible for damage to or loss of any items of personal property not removed from a work area. If the homeowner has personal belongings in the area of the project, Davis Home Services recommends the items to be moved to a different location. The area being painted must be cleared of furniture and or personal belongings before the start of the project.
If the homeowner has an issue that prevents them from the removal of larger items, etc; our company can work with the homeowner to assist in the removal of these items as long as a written (or virtually written) agreement is submitted between company and owner prior to our arrival.
18.Guarantee of Materials and Workmanship
Company does not guarantee any materials, equipment, assemblies, or units that Company has purchased or will purchase as part of the work covered by this Contract. All of these items are subject to manufacturers or processor's guarantees or warranties.
19.Photo Release
The Owner acknowledges that our company may take pictures or video on the job site for use on the company’s website and social media pages, unless specified otherwise.
Note: we will not release names or addresses when posting these images.
20.Corrective or Repair Work
If minor items of corrective or repair work remain to be accomplished by Company after the project is ready for occupancy, Company shall perform the work expeditiously and Owner shall not withhold any payment pending completion of that work. If major items of corrective or repair work remain to be accomplished after the building is ready for occupancy, and the aggregate cost of that work exceeds one percent of the gross Contract price, then Owner, pending completion of the work, may withhold payment of a sufficient amount to pay for completion of the work, but shall not withhold any greater amount.
21.Attorneys’ Fees
In the event of any arbitration or litigation arising from this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees.
22.The Pennsylvania Bureau of Consumer Protection
The Pennsylvania Bureau of Consumer Protection may be contacted at 888-520-6680 where a caller can obtain information as to whether a Painter is registered with the bureau pursuant to the Pennsylvania Home Improvement Consumer Protection Act.
23.Power Washing and Pressure Washing
Power Washing uses high pressure and solution to clean difficult stains off of exterior surfaces. Utilizing this pressure allows the best clean possible. SUDS Power Washing technicians are well trained in utilizing the equipment and take the utmost precautions in making sure the company does not cause harm in your investment. It is the responsibility of the homeowner to ensure that their property has been maintained in accordance with its manufacturer’s recommendations and any defects or areas of concern are repaired prior to washing to ensure a watertight surface.
The Homeowner assumes all of these risks and takes responsibility for any damage that occurs due to the above explanations. The Owner also agrees to release the Company of any or all liability for injuries sustained due to equipment placement to include injuries from tripping/falling, striking, equipment, falling debris, or equipment. We highly recommend removing window screens and getting windows cleaned upon completion as the company is not responsible for hard water stains and/or streaks.
The Owner’s responsibility on the day of the service include:
· water spigot activated and accessible (or fee will be issued)
· all windows and doors shut tightly
· all pets safely inside and pet waste clear of exterior working site
· clear the work areas of all items, and removal of all flags, doormats, vehicles, or sensitive materials from the areas being washed.
Legal and Binding Contract
This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.
Davis Home Services
“We put the color back in your life!”
We do things right!
We give back to our community!
We create life long customers!
What to Expect on my Interior Project?
During an interior painting project, expect to hear sanders and light noise. We utilize dustless technology, but some dust still might be in the air.
We Ask:
1) That you inform us of any pets, and PUT PETS AWAY, during the time of work to avoid hair in paint and eliminate distraction and injury in the workplace.
If pets are not put away when the crew arrives, Davis Painting will be forced to leave the job site and return at a later determined time. A fee will be charged for the travel and change in schedule.
2) That you move all small personal items, pictures, blinds, etc. Davis Painting can help to move large pieces of furniture if needed. We do not clean out items from cabinets, dressers, etc.
3) That a homeowner does a walkthrough with the site leader to run through scope of work prior to job starting. At this time, please state any requests in areas to begin painting, areas to place equipment, and any other requests you may have during the project.
4) The last day, also known as completion day, we ask that the homeowner is home to do a walkthrough with the site leader and have any issues addressed then.
Payment is due at the time of completion and the sign off sheet is to be signed off upon satisfaction. If payment is not received within five days of completion, a daily late fee will be charged. Thank you for your attention to this matter.
What to Expect on my Exterior Project?
During the project, expect to hear some noise coming from our sanders and potential dust in the air. Also, you will see Davis Painting employees up on ladders.
We Ask:
1) That the driveway is clear of cars from the work space.
2) All pets are kept clear and away from the working area.
3) All of your windows are closed.
4) If doors are being painted, please have someone home. The doors will need to remain open for two hours after painting is completed in order to provide adequate dry time.
5) The last day, also known as completion day, we ask that the homeowner is home to do a walkthrough with the site leader and that any issues are addressed then.
Payment is due at the time of completion and the sign off sheet is to be signed upon satisfaction.
With all Interior and Exterior painting jobs...
Our team cannot arrive at a job site without a deposit being received to our office staff, as well as our signed agreement. This is a liability for our scheduling and “no-show” policies regarding customer cancellations, as well as our agreement per job regulations. This also allows the purchase of paint and materials prior to your job beginning. Please keep this in mind when scheduling your project.
What to Expect for my Power Washing Project?
Power Washing typically takes 2-3 hours, but can take as long as a full day depending on areas included in the work order, weather conditions, etc. Expect to hear a loud motor and water on the side of your home/windows/substance we are washing. You may smell a slight bleach smell, but we mask it with a special apple detergent to eliminate the odor.
Please:
1) If you have any exotic plants or new plants or flowers, prepare them for a “heavy rain“ and let the crew and office know ahead of time. Also, if you have a pond, please let the crew know. We want to make sure we are as prepared as possible for any requests you may have prior to your project.
2) Make sure water is turned on and spigots work.
3) CLOSE ALL WINDOWS. If windows are opened, Davis Power Washing will need to leave the job site and return at a later determined date. A fee will be charged for travel, set up of equipment, and change in schedule.
4) Make sure the driveway is clear for the truck/ trucks to enter and clear work space of any debris/ objects.
5) That all items and furniture should be out of the way and cleared for our team. If not, there is an additional charge for Davis Power Washing to move items. (If there is a special circumstance where help is needed to remove items from the working area, please let the office know and we can make note).
6) That all pets are away from the working area at all times