Terms And Conditions
These Terms & Conditions apply to any work performed and materials supplied by Kaps Construction, Inc. (“Contractor”) and are incorporated into the estimate/invoice (“Invoice”) provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s signing of the Invoice, the Invoice, together with these Terms & Conditions, form a binding contract between the parties.
1. Scope of Work. The Contractor shall carry out and complete painting works described in the Invoice in a workman like manner and shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties. If there is any discrepancy between any specification and any drawing, the description contained in specifications shall prevail over the drawing.
2. Permits. The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by Contractor under the Invoice (both governmental and private). Customer represents and warrants to Contractor that all permits and consents have been obtained prior to the scheduled commencement of any work and that the work contained in the Invoice is permitted by all applicable laws.
3. Invoice. The Invoice provided for painting services, painting preparation or any other services is valid for 30 days from the time made by Contractor. Acceptance of the Invoice expressly constitutes acceptance of these Terms & Conditions and represents a binding contract between the parties.
4. Payment. Customer shall pay the Contractor the full amount of the Invoice, including all taxes and fees as follows: (1) 50% down upon signing of the Invoice by the Customer, with the balance due upon completion of the work described in the Invoice. (2) 50% deposit down upon signing of the Invoice by the Customer, 25% due after seven days after project has started, and the remaining balance due upon completion of the work described in the Invoice. (3) If client is billed on a monthly basis, payment is due within 30 days of receipt for the previous month’s services. Payment terms shall be stated on the Invoice. If Customer fails to make payment within 14 days of the due date, the past due balance shall accrue interest at the annual rate of 18% or the highest rate permitted by, whichever is lower.
5. Customer Representation and Obligations. The Customer warrants the site is free of underground condition including, without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains and waste materials except as specifically disclosed to Contractor prior to the signing of the Estimate. Where latent/underground problems exist the Contractor shall be entitled to charge for additional work/supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied. Customer shall provide Contractor with electricity and water.
6. Completion. The Contractor will use commercially reasonable efforts to complete a project in the time frame promised. However, Contractor shall not be liable for any delay in the completion of the work under the Invoice.
7. Materials On-Site. Materials delivered to site become the responsibility of the Customer. The Contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. Any material brought to, or removed from the site, that are in excess to the Contractor’s requirements under the Invoice remain the property of and be removable by the Contractor who shall have the right to enter the site for that purpose.
8. Maintenance after Completion. The Contractor is only obligated to perform the work specified in the Invoice. The proper maintenance of the site shall be the obligation of the Customer following completion of the work by Contractor, unless otherwise agreed in writing by the parties.
9. Damages. Under no circumstances shall Contractor be liable for any special, incidental, or consequential damages.