Coatings Application Warranty

Colour Solutions Custom Painting Inc. 7213 Ogden Business Lane, Suite 216 Wilmington, NC 28411 (910) 686-3067 warrants to the current owners of the property listed in this proposal that all coating application work performed by Colour Solutions was (is) completed according to professional industry standards and is under warranty to remain failure free under the following terms and conditions: All interior coatings applied to plaster, drywall and wood surfaces shall be warranted for a period of 1 year. Exterior Wood, stucco and masonry substrate coating application shall be warranted for a period of 1 year from completion of work.

Metal and iron substrate coating application shall be warranted for a period of 6 months from completion of work. Exterior Clear finish and all Deck and Floor finishes are not cover by any warranty. In the event of a claimed breach of this warranty, the purchaser shall deliver to Colour Solutions Painting not more than 10 days after the discovery of the defect, written notice of the defect, and the date on which the defect was discovered.

Colour Solutions Painting will inspect the areas within 10 days of notification of potential defects. If inspection determines that the defect falls within the scope of this warranty, Colour Solutions Painting shall provide replacement service and product to correct the defect.

Colour Solutions Painting agrees to correct the defective portions of the work caused by improper or inadequate preparation and / or painting, which owner agrees will be the owner’s sole and exclusive remedy. This warranty constitutes the sole and exclusive warranty made by contractor and there are no other warranties, including, but not limited to the implied warranty of the merchantability and warranty of fitness for a particular purpose and all such warranties are expressly disclaimed and excluded by the parties.

This warranty also constitutes owner’s exclusive remedy against contractor including for alleged negligence of contractor and otherwise, and contractor shall not be liable for any incidental or consequential damage including liquidated, delay damages or other damages. This warranty shall not be extended by any corrective service or additional material, but the remaining warranty period shall continue in effect and be applicable under the original terms and conditions.

This warranty is not applicable under the following conditions:

A) Any damage to stucco or masonry that may occur due to ongoing concealed deterioration. This may manifest itself as efflorescence, a white chalky leaching of salts to the surface, accompanied by a crumbling of the stucco or masonry surface.

B) Coating failure due to structural damage caused by standing water, inadequate drainage, improperly installed guttering or guttering in need of repair/replacement, water sprinklers or window unit air conditioners causing continuous water saturation, leaking and/or pooling in/on or around the affected area (s).

C) Coating failure due to wood rot, termites, carpenter bees, carpenter ants or any other insect caused damage.

D) Coating failure from a failure of caulking to bridge cracks. Caulking is not covered under this warranty

E) Coating failure due to structural alterations, additions, repairs or normal shifting and settling of building and substrate.

F) Coating failure caused by unchecked mold or mildew growth.

G) Coating failure caused by roof and/or plumbing leaks. H) Coating failure resulting from: caustic chemicals, fire, acts of God, natural disasters such as windstorms, floods, earthquakes, lightning, mud slides, tornadoes, or hurricanes.

Contractor shall not be responsible for the identification, removal, disposal, or rendering harmless of any hazardous material on the job, including, but not limited to, lead base paint, mold, mildew, asbestos or polychlorinated biphenyl.

PREVIOUS COAT BREAKDOWN – In view of the fact that an additional coat of paint when applied over a previous coat, can cause peeling or loss of adhesion from the substrate, Colour Solutions Painting is not responsible for the failure of a paint film which was not applied by Colour Solutions Painting and which may have been previously applied to the same surface. This often occurs in the case of galvanized metal flashing and multiple coat build up. Breakdown due to mildew is not guaranteed, as this is a moisture problem not a paint failure.

CHARGES, PAYMENTS – Any alteration or deviation from the specifications, will become an extra charge over and above the estimate. Overdue accounts will be charged interest at the rate of 1.5% per month. In the event it becomes necessary to enforce this agreement by litigation, the prevailing party shall be entitled to court costs, attorney and collection fees. No contractual rights arise until this proposal is accepted in writing. We may withdraw this proposal at any time before acceptance. Contractor shall submit statements to owner during job progression, however at no time shall the customer be responsible to issue payment on any portion of work not substantially completed. Owner agrees to pay contractor the full amount of each statement, within one (1) day of the date of the specified. Contractor may treat such failure to pay as a material breach of the contract and terminate work. Any statement balance will accrue interest at the maximum legal rate. Upon completion of the work, the total amount is immediately due. Extra work is billed hourly at a rate of $35.00 to $50.00 per hour dependent on the scope of the work performed. If payments are not made when work is completed the customer may be responsible for interest at 21% and any legal fees and other cost that may be incurred by Colour Solutions Painting.

SCHEDULE RESERVATION DEPOSIT – A schedule reservation and good faith fee (deposit) equal to 20% of the agreed upon price is due upon signing of agreement. This amount will be credited to the total price and subtracted from any balance due upon completion of work. In the event the agreed upon work is canceled 30 days prior to scheduled commencement of work a full refund will be made by Colour Solutions Painting. Cancellations made within 15 days will be entitled to a 50% refund. All refunds will be subject to a $50.00 administration fee. Cancellations within 1-14 days may forfeit the entire amount of the schedule reservation fee.

ADDITIONAL COATS APPLIED – If additional coats of paint are applied other than was specified in the contract, an additional charge would apply. Additional coats that require an extra charge will never be applied without the customers’ permission to proceed.

TYPES OF FINISHES APPLIED – If a finish (Flat, Eggshell, Semi-Gloss, etc.) is applied other than was specified at the time the estimate was given, an additional charge will be added to cover additional labor and materials cost

COLOR CHANGES – The client must choose all colors before any work is done. If the client or someone other than Colour Solutions Painting requires a color change after the job begins, we may charge an additional fee for time and material expenses arising from the changes.

HIDDEN CONDITIONS – If after beginning work, defects or unforeseen conditions arise which could not reasonably have been recognized by the estimator upon first inspection (i.e. invisible defects), the client agrees to pay an additional charge if the client desires the necessary extra work to be done. Due to the characteristic of paint and painting batch numbers, the Painting Contractor shall not be held responsible at the time of touch-up, for paint that may be slightly different from that of the original batch used. (Generally, this difference is so slight; it is hardly obvious to the normal layperson).

CONCEALED CONDITIONS AND WALL COVERING REMOVAL – Due to concealed conditions that may be under existing wall coverings, it is sometimes difficult to estimate the amount of labor required for the removal of wallpaper and the wall preparation that may be needed. If concealed conditions are encountered, additional labor may be charged. All estimates for wallpaper removal and subsequent preparation is based on what is encountered “under normal conditions”, if these conditions do not exist, the owner will be notified prior to the commencement of any work that may involve any additional charges. Normal conditions would be defined as “minor patching of the wall after removal of paper that was properly installed on an adequately primed and sealed surface”.

NEW CONSTRUCTION – Final touch up is that which is fair and reasonable; it is spoiled surfaces or painting errors that are obvious to the human eye during a routine check of the building structure. Routine final touch up, which is included in the price of this proposal does not include damage to the original paint application; it is not re-working or re-painting several walls, ceilings, woodwork and trim, or doors due to repairs, patching, scuffs, or hand prints/ marks in several areas of the home or building structure. Final touch up is simply “touching up” areas that the painter missed the first time around or painting areas, which were not ready to paint during the original application. Please caution the other subcontractors: any excessive re-painting due to the damage of our original finish (at any stage of the construction process) shall be considered “extra work” and billed so accordingly, at the Painting Contractor’s discretion.

All preparation and painting will be done at or above nationally recognized industry standards as developed and adopted by the “Painting And Decorating Contractors Of America” as described in PDCA Standard P1-92: 2.4 “The painting contractor will produce a “Properly painted surface”. A “Properly painted surface” is one that is uniform in appearance, color and sheen. It is one that is free of foreign material, lumps, skins, runs, sags, holidays, misses, strike-through, or insufficient coverage. It is a surface, which is free of drips, spatters, spills, or over spray, which were caused by the contractor’s workforce. Compliance to meeting the criteria of a “Properly painted surface” shall be determined when viewed without magnification at a distance of five feet or more under normal lighting conditions and from a normal viewing position.

In the event that one or more of the provisions or portions of this agreement is determined to be illegal or unenforceable, the remainder of this agreement shall not be affected thereby and each remaining provision or portion therefore shall remain and continue to be valid and shall be enforceable to the fullest extent permitted by the law.