TERMS
By clicking accept on this estimate you agree to the terms. After clicking accept you may print the estimate and terms, initial line 3 & 6, sign the bottom line, and return via email (office@allterrainpaintingnw.com) or snail mail (12119 Key Peninsula HWY NW Gig Harbor WA 98329). You may also contact the office at 253-514-0997 and they can email you a electronic copy to sign.
***WE OFFER FINANCING!!! CLICK THE LINK OR COPY AND PASTE THE LINK INTO YOUR URL FOR MORE INFO. https://www.acornfinance.com/apply?d=3QIW4#/financing
1. Access, Cooperation.
Customer grants permission for All Terrain Painting & Repairs Northwest LLC (“All Terrain”) (including its employees, subcontractors, and agents) to access Customer’s property in order to perform the work described herein. Customer represents and warrants to All Terrain that Customer owns the property where the work is to be performed and is authorized to enter into contracts for the improvement of such property. Customer will (a) cooperate in all respects with All Terrain in regard to the performance of the Work; (b) be available as reasonably necessary for consultation with All Terrain; (c) provide All Terrain with such information as is requested by All Terrain; and (d) not unreasonably withhold, condition or delay any action, consent or decision that All Terrain requires to perform the work.
2. Payment.
Payment is due in accordance with the Payment Schedule set forth in the estimate provided and invoices issued by All Terrain. Work will not commence until Customer pays the initial 50% deposit due prior to scheduling/starting work. Customer is responsible for assuring payments are received by All Terrain. Payments are due on day of invoice.
3. Credit Card.
If payment is by credit card, Customer will be assessed an additional charge of up to 4% to cover associated credit card fees. Initial here: _______
4. Delinquency.
If Customer’s payment, in part or in whole, is over 15 days past due, in addition to any lien and other rights All Terrain may have under law, All Terrain reserves its right to: (a) assess and collect a finance charge of 2.% per month or the highest rate allowed by law and (b) suspend all work until it receives full payment of all amounts outstanding plus any deposit All Terrain determines in its sole discretion is necessary to continue work. Customer is responsible for all of All Terrain’s costs of collection of overdue amounts, including collection agency fees, attorneys’ fees and court costs. Any invoice not disputed by Client prior to its due date is conclusively presumed to be accepted by Customer. Payments will be applied first to costs of collection, then to finance charges due, and then to past due invoices in chronological order. Customer will pay thirty dollars ($30.00) for all returned checks.
5. Changes & Rates.
a. Rates and costs set forth in the estimate are an estimate only and are subject to change
according to these Terms, including: (a) overtime rates will be charged for all work performed outside All
Terrain’s regular working hours; (b) touch-up projects, coats of paint in excess of two (2), or
miscellaneous add-ons, including accent paint colors, reasonably deemed necessary by All Terrain or
requested by client and not included in the estimate will be completed on a time and material basis at
$65.00 per single man-hour for painting, Carpentry/repairs rate are $75.00 per single man-hour (Painting $280.00 minimum charge per man "covers first 4 hours", Carpentry $320 per man "covers first 4 hours"), and 20% material markup. Time and material hourly billing includes all hours worked and all materials purchased, this includes but is not limited to clerical work, travel time, material pickup, material cost, and site/shop hours worked.
b. If Customer requests additions, deletions or revisions to the work described in the
estimate that will increase or decrease the cost of the project by more than $250 (“Changes”), All Terrain
will prepare a Change Order outlining the changes and adjusting the price and payment schedule.
c. If All Terrain estimates a Change will extend the estimated timetable for completion by
more than 1 week, All Terrain may, in its sole discretion, decline the requested Change. If Customer
requests Changes, but does not execute a Change Order, All Terrain reserves the right to charge
Customer an hourly rate of $65.00 per hour for time spent preparing the Change Order proposal.
d. No Changes will proceed without a signed Change Order. All amounts due under the
Change Order will be payable in accordance with these Terms.
f. A “Trip Charge” of $65.00 per single man hour is charged when service is scheduled by the customer and our crew members are unable to complete the service due to site conditions, etc. The Customer is responsible for making sure the location is accessible and free of obstruction for work to be completed. Charges will be set forth by hours wasted on travel and jobsite time not utilized.
6. Customer Preparation and Responsibilities.
a. Generally. Customer is to provide All Terrain with all paint colors at least 7 days prior to
All Terrain’s scheduled work start date. Customer must leave doors to be painted unlocked and
accessible, and safely secure or board any pets.
b. Exterior Work. Before All Terrain begins any exterior work, Customer is to clear all
impediments so that All Terrain has clear access to surfaces to be painted, including: (i) moving or
trimming all bushes, shrubs, trees, or other plants of any kind 2 feet away from the surfaces to be
painted, (ii) moving vehicles 100 feet way from surfaces to be painted; and (iii) moving all grills, planters,
patio furniture, and other items 25 feet away from the surfaces to be painted.
c. Interior Work. Before All Terrain begins any interior work, Customer is to move or
secure any item that may be broken or damaged when moved or during the work, including decorations,
artwork, antiques, and any fragile items. All Terrain will cover any items left near the work area with
painters plastic.
d. Failure to Prepare. If Customer fails to prepare for the work as required by this Section 6. All Terrain may, at its sole discretion, either (i) complete the preparation subject to charges set forth under Section 5(a ); or (ii) delay the beginning of any work until Customer has completed the preparation requirements of this Section 6 . All Terrain shall not be liable to Customer for any damages arising out of relating to Customer’s failure to prepare as required by this Section 6 . Initial here: _______
7. Risk of Loss; Insurance.
Customer assumes risk of loss or damage to all equipment and materials after delivery to the job site. It is Customer’s responsibility to assure adequate homeowner’s insurance to cover such risk of loss.
8. Completion Dates.
Any completion dates provided by All Terrain in any manner, including in these Terms, an estimate, or a Change Order, are estimated dates of completion only. All Terrain will use its best efforts to complete its work by any provided completion dates, but estimated dates of completion are subject to change or delay as required by All Terrain, including because of (a) changes under a Change Order; (b) Client’s failure to prepare or grant appropriate access; or (c) delays caused by weather, an act of God, or any other cause beyond All Terrain reasonable control. All Terrain will not be deemed in default for such a delay.
9. Termination by Customer.
Customer may terminate the project at any time upon 10 days written notice. If Customer elects to terminate, Customer shall pay All Terrain for (a) all materials purchased for Customer’s project that cannot be returned; (b) a 25% restocking fee for all materials purchased for Customer’s project that can be returned; (c) all work executed and any costs incurred by reason of such termination; and (d) All Terrain’s reasonable overhead and profit for any work not executed. Payment is due within 10 days of the date of Customer’s written notice of termination.
10. Termination by All Terrain.
All Terrain may terminate the project if: (a) Customer fails to pay an invoice when due for any reason; (b) Customer breaches the terms of this Agreement; (c) Customer declares bankruptcy; or (d) the property at which the project is being performed is subject to judicial or non-judicial foreclosure.
11. Unknown Conditions;
Environmental Hazards. Under no circumstances will All Terrain be responsible for the identification, detection, abatement, encapsulation, storage, removal or transportation of any regulated or hazardous substances. Regulated or hazardous substances may include, but are not limited to asbestos, lead, certain refrigerants and refrigerant oils. If any such products or materials are encountered during the course of work, All Terrain will discontinue work until regulated or hazardous materials have been removed or hazard or liability is eliminated at Customer’s sole expense.
12. Indemnification.
Each party will defend, indemnify, and hold harmless the other (including the indemnified party’s officers, directors, shareholders, subcontractors, employees and representatives) from and against all claims, losses, expenses, damages, causes of actions and liabilities of every kind and nature (including, without limitation, reasonable attorneys’ fees) to the extent such claim arises or results from (a) the negligence, willful misconduct, misrepresentation of the indemnifying party or such party’s subcontractors, employees or representative, or (b) the breach of these Terms by indemnifying party or any of such party’s employees, subcontractors or representatives.
13. Condition upon Completion; Warranty.
All Terrain will have no obligation to clean the property but will make a good faith effort to leave the areas in which it performed work in a “broom- clean” condition. For 1 year after the completion of the work, All Terrain will repair or replace any defect in the work (the “Warranty”). All Terrain will not have any obligation under the Warranty where: (a) a party other than All Terrain power washes or otherwise prepares the surface to be painted; (b) a defect is attributable to something other than the materials provided by All Terrain or All Terrain’s workmanship, such as normal wear and tear or damage by Customer or another party including delamination of existing product(s) due to surface tension of new coatings; or (c) there is a failure in the vapor barrier (e.g., including without limitation, a leaking roof). The Warranty does not apply to any work on a horizontal surface, where water can stand, walking surface or decks . EXCEPT AS SET FORTH EXPRESSLY IN THE WARRANTY OR EXPRESSLY STATED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL TERRAIN DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL GOODS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
14. Limitation of Liability.
All Terrain’s liability under the contract is limited to the amount paid to All Terrain. Customer’s sole remedy with respect to defective work is limited to the repair or replacement of such work in accordance with the terms of the Warranty. In no case shall All Terrain be liable for special, incidental, or consequential damages, including lost profits, lost business, delay, damages, punitive or exemplary damages and other legal expenses. This limitation shall apply even if All Terrain has been advised of the possibility of such damages. All Terrain shall have no liability to Customer and Customer assumes all risk for any loss or damage arising in whole or in part from (a) any event beyond All Terrain’s control including natural disasters, fire and action of federal, state or local governmental authorities, other than events of a magnitude or type for which precautions are generally taken in the solar power installation industry, or (b) Customer’s failure to perform any of Customer’s obligations under these Terms. No claim may be asserted by either party against the other with respect to any event, act or omission that occurred either (a) more than two (2) years prior to such claim being asserted; or (b) after the applicable statute of limitations or repose, whichever is less.
15. Legal.
These Terms and the Warranty are governed by, and construed in accordance with the
laws of the state in which the project is performed. The substantially prevailing party in any legal action
or arbitration brought by one party against the other will be entitled to reasonable attorneys’ fees, costs
and expenses, including costs and fees on appeal.
16. Disputes.
a. Any controversy, dispute or claim arising between the parties that is directly or indirectly
related to these Terms, the Warranty or any work provided to Customer (collectively, “Dispute”) will be
resolved by binding single-arbitrator arbitration. Either party may initiate the arbitration process by giving
written notice (“Demand Notice”) to the other party describing the nature of the Dispute and demanding
arbitration. The arbitration will be conduct by JAMS in accordance with its Commercial Arbitration Rules
with Expedited Procedures then in effect.
b. Customer waives any right to resolve or litigate any Dispute in any forum as a class
action, private attorney general action, or in any other proceeding in which Customer acts or proposes to
act in a representative capacity. No arbitration or proceeding shall be combined with another without the
prior written consent of all parties to all affected arbitrations or proceedings.
c. WITH RESPECT TO ALL SUCH CLAIMS AND DISPUTES THAT CUSTOMER AGREES TO
ARBITRATE, CUSTOMER HEREBY EXPRESSLY AGREES TO WAIVE, AND DOES WAIVE, ANY RIGHT TO A TRIAL BY JURY.
17. Modification; Severability.
These Terms supersede all prior discussions, agreements and understandings between the parties regarding the subject matter hereof and thereof, and constitute the entire agreement between the parties as to such subject matter. These Terms may only be amended by a written agreement signed by both parties. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
18. Promotional Use.
All Terrain may use graphical representations or photography of Customer’s solar facility and property in its marketing and promotional materials. All Terrain may place signs on Customer’s property. (Line 18 can be denied)
19. Expiration of Offer.
All Terrain reserves the right to withdraw this offer or void this agreement if not accepted by Customer within Twenty (20) working days by Customer delivering a signed copy of this bid together with the 50% down payment to All Terrain
20. Credit Approval.
ALL CONTRACTS ARE SUBJECT TO CREDIT POLICY/TERMS/APPROVAL AS DETERMINED BY ALL TERRAIN.
21. Updated Pricing.
All Terrain reserves the right to update pricing based on current materials, labor markets, and market conditions if work does not commence, regardless of fault, within Twenty (20) days
of acceptance of this Agreement.
22. Final Acceptance.
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work specified. Payment will be made as outlined above. I agree your liability on this order is limited to the amount paid to you and that there shall be no liability or claims made by me for incidental, consequential or delay damage claims of any kind. In the event of any delinquency in my account, I authorize you to charge me two and a half percent per month on any delinquent account balance together with any attorney fees, costs and expenses incurred by All Terrain in collecting on any account I owe to you.
NOTICE TO CUSTOMER
This contractor is registered with the state of Washington, registration no. #ALLTETP862P4, and has posted
with the state a bond or deposit of $12,000 for the purpose of satisfying claims against the contractor for
breach of contract including negligent or improper work in the conduct of the contractor's business. The
expiration date of this contractor's registration is 9/30/2024.
THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT
ARISE FROM THE WORK DONE UNDER YOUR CONTRACT.
This bond or deposit is not for your exclusive use because it covers all work performed by this contractor.
The bond or deposit is intended to pay valid claims up to $12,000 that you and other customers,
suppliers, subcontractors, or taxing authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage for a
stated period of time to provide protection to you and help insure that your project will be completed as
required by your contract.
YOUR PROPERTY MAY BE LIENED.
If a supplier of materials used in your construction project or an employee or subcontractor of your
contractor or subcontractors is not paid, your property may be liened to force payment and you could pay
twice for the same work.
FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU
WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR
ON YOUR PROJECT.
The contractor is required to provide you with further information about lien release documents if you
request it. General information is also available from the state Department of Labor and Industries.
Estimate respectfully submitted by; Jordan Henderson - President
I have received a copy of this disclosure statement. Agreed and Accepted this ____ day of _____, ____,
____________________________
[Signature of customer]