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TERMS AND CONDITIONS

1. Pay­ment Terms. No cred­its or adjust­ments to the con­tract price shall be made unless mutu­al­ly agreed upon by Con­trac­tor and Own­er. Over­due pay­ments will bear inter­est at 1½ % per month, or the max­i­mum legal­ly per­mis­si­ble rate, whichev­er is less.

2. Indem­ni­fi­ca­tion. The Own­er shall indem­ni­fy and hold Con­trac­tor harm­less from all claims aris­ing out of the activ­i­ties under this Agree­ment, except for claims due to the sole neg­li­gence or wrong­ful act of Contractor.

3. Labor and Mate­r­i­al. Con­trac­tor shall pay all valid charges for labor and mate­r­i­al incurred by Con­trac­tor and used in the project, but is excused by own­er from this oblig­a­tion for bills received in any peri­od dur­ing which own­er is in arrears in mak­ing progress pay­ments to Con­trac­tor. Should Con­trac­tor fail to make any pay­ments required under this para­graph, own­er may make such pay­ments on behalf of Con­trac­tor; Con­trac­tor shall reim­burse own­er for the amount actu­al­ly paid on demand; but own­er shall not, by means of assign­ment or oth­er­wise, be enti­tled to col­lect any greater amount from Con­trac­tor than the amount actu­al­ly paid for labor or mate­r­i­al under this para­graph. No waiv­er or release of mechanic’s lien giv­en by Con­trac­tor shall be bind­ing until all pay­ments due to Con­trac­tor when the release was exe­cut­ed have actu­al­ly been made.

4. Haz­ardous Mate­ri­als. In the event Con­trac­tor encoun­ters on the job­site lead-based paint or any oth­er haz­ardous mate­r­i­al such as, but not lim­it­ed to, asbestos or poly­chlo­ri­nat­ed biphenyl (PCB) for which the Con­trac­tor has not been noti­fied in writ­ing pri­or to enter­ing into this Agree­ment, the Con­trac­tor shall imme­di­ate­ly stop work and shall not be respon­si­ble for the test­ing, removal, dis­pos­al, or ren­der­ing harm­less of such mate­r­i­al. Own­er agrees to hold the Con­trac­tor harm­less as to any lia­bil­i­ty result­ing from such mate­r­i­al. Any addi­tion­al cost, includ­ing over­head and prof­it, caused by these con­di­tions shall be reim­bursed to the Con­trac­tor as extra work.

5. Addi­tion­al Work. Should Own­er, con­struc­tion lender or any pub­lic body or inspec­tor direct any mod­i­fi­ca­tion or addi­tion to the work cov­ered by this Agree­ment, or should any addi­tion­al work be nec­es­sary due to unfore­seen con­di­tions, the cost of such work shall be added to the con­tract price. Con­trac­tor shall be com­pen­sat­ed for any such work at Contractor’s cur­rent rates for labor and mate­ri­als. Changes in the Agree­ment shall be evi­denced by a writ­ing signed by both par­ties. Expens­es incurred because of unusu­al or unfore­seen con­di­tions, includ­ing addi­tion­al expense due to delays and exten­sion of time to com­plete work, shall be paid for by Own­er as addi­tion­al work. No addi­tion­al or change order work shall be required to be per­formed with­out pri­or writ­ten autho­riza­tion of the Own­er. Any change order forms for changes or addi­tion­al work shall be incor­po­rat­ed in, and become a part of the Agreement.

6. Delay. Con­trac­tor shall be excused for any delay in com­ple­tion of the Agree­ment caused by acts of God, acts of own­er or owner’s agent, stormy weath­er, labor trou­ble, acts of pub­lic util­i­ties, pub­lic bod­ies or inspec­tors, extra work, fail­ure of own­er to make progress pay­ments prompt­ly, or oth­er con­tin­gen­cies unfore­seen by Con­trac­tor and beyond the rea­son­able con­trol of Con­trac­tor. At the time of com­mence­ment or after the com­mence­ment of work, if there occurs a delay which is not the fault of the Con­trac­tor and which requires the Con­trac­tor to cease work and restart at a lat­er time, Con­trac­tor shall be enti­tled to a charge for the actu­al cost of demo­bi­liz­ing and remo­bi­liz­ing its work crew.

7. Exist­ing Col­ors and Tex­tures. Where the project includes match­ing exist­ing paint and fin­ish col­ors and tex­tures, the Con­trac­tor can­not guar­an­tee exact match­es to such col­ors and textures.

8. Site Con­di­tions. Own­er rep­re­sents that exist­ing soils, struc­tures, walks, dri­ve­ways, roofs, and oth­er site con­di­tions are suit­able for the work to be per­formed and will sup­port Contractor’s mate­ri­als, labor­ers, equip­ment and vehi­cles and those of its Sub­con­trac­tors and Sup­pli­ers. Con­trac­tor has made no exam­i­na­tion beneath the sur­faces of the premis­es pri­or to exe­cu­tion of this Agree­ment and, except as express­ly includ­ed in the Spec­i­fi­ca­tions and Scope of Work, Con­trac­tor shall not be respon­si­ble for the pres­ence of or cor­rec­tion of unusu­al or unfore­seen site con­di­tions includ­ing, but not lim­it­ed to, vio­la­tions of build­ing codes or reg­u­la­tions, dry rot, ter­mite dam­age, exist­ing coat­ing fail­ure due to improp­er pri­or prepa­ra­tion work, or oth­er sim­i­lar con­di­tions. If Con­trac­tor encoun­ters unusu­al or unfore­seen site con­di­tions, Con­trac­tor may con­tin­ue with oth­er work or stop work and will noti­fy Own­er and, if mutu­al­ly agreed, the par­ties will exe­cute a Change Order rel­a­tive to these conditions.

9. Pre­ex­ist­ing Defects or Dam­age. Con­trac­tor shall not be held respon­si­ble for exist­ing defects or dam­age to the job site, such as cracked dri­ve­ways, scratched glass, rust­ed fix­tures, or dam­ages from pri­or leaks or repairs.

10. Dam­age to Hard­ware, Fix­tures and Roof­ing Mate­ri­als. Con­trac­tor shall not be respon­si­ble for dam­ages to exist­ing hard­ware and fix­tures that are removed as part of the project, nor to roof­ing mate­ri­als (includ­ing tiles) unless such dam­age occurs due to the neg­li­gence or wrong­ful act of Contractor.

11. Util­i­ties. The Own­er is respon­si­ble for pro­vid­ing, at Owner’s expense, elec­tric­i­ty, gas and water to the site as need­ed by the Contractor.

12. Access to Prop­er­ty. Con­trac­tor shall be giv­en free and com­plete access to all areas nec­es­sary for the per­for­mance of work. Own­er agrees to keep dri­ve­way clear and avail­able for move­ment and park­ing of trucks and oth­er equip­ment dur­ing nor­mal work­ing hours. Own­er shall secure per­mis­sion to work on or over adjoin­ing prop­er­ty at no cost to Con­trac­tor, if nec­es­sary. Own­er shall fur­nish, at no cost to Con­trac­tor, an appro­pri­ate space on the premis­es in which to store mate­ri­als and equip­ment dur­ing the course of work.

13. Owner’s Per­son­al Prop­er­ty. To the extent that the Own­er does not remove fur­nish­ings or items of per­son­al prop­er­ty, Con­trac­tor shall use rea­son­able care to move or pro­tect such items. How­ev­er, Con­trac­tor shall not be respon­si­ble for any dam­age to such items unless such dam­age occurs due to the gross neg­li­gence of Contractor.

14. Land­scap­ing. If the project involves exte­ri­or paint­ing, some dam­age to lawns, shrubs and oth­er land­scap­ing may occur due to use of lad­ders, over­spray, etc. Con­trac­tor shall use rea­son­able care to avoid dam­ag­ing land­scap­ing, but shall not be respon­si­ble for any dam­age to land­scap­ing unless such dam­age occurs due to the gross neg­li­gence of Contractor.

15. Dam­age to Project. If the project is destroyed or dam­aged by an acci­dent, dis­as­ter or calami­ty, such as fire, storm, flood, land­slide, sub­si­dence or earth­quake, or by theft or van­dal­ism, any work done by Con­trac­tor in rebuild­ing or restor­ing the project shall be paid for by Own­er as addi­tion­al work.

16. Right to Stop Work. Con­trac­tor shall have the right to stop work if any pay­ment shall not be made to Con­trac­tor under this agree­ment; Con­trac­tor may keep the job idle until all pay­ments due are received.

17. Lim­i­ta­tions. No action aris­ing from or relat­ed to the agree­ment, or the per­for­mance there­of, shall be com­menced by either par­ty against the oth­er more than two years after the com­ple­tion or ces­sa­tion of work under this con­tract unless cov­ered by the war­ran­ty set forth here­in. This lim­i­ta­tion applies to all actions of any char­ac­ter, whether at law or in equi­ty, and whether sound­ing in con­tract, tort or oth­er­wise. This lim­i­ta­tion shall not be extend­ed by any neg­li­gent mis­rep­re­sen­ta­tion or unin­ten­tion­al con­ceal­ment, but shall be extend­ed as pro­vid­ed by law for will­ful fraud, con­ceal­ment or misrepresentation.

18. Con­se­quen­tial Dam­ages. Con­trac­tor shall not be liable for inci­den­tal or con­se­quen­tial dam­ages (such as dam­age or loss of use of the build­ing and its con­tents, loss of time and incon­ve­nience) aris­ing out of the work to be per­formed under this agree­ment or any claimed breach of this agreement.

19. Attor­ney Fees. If either par­ty becomes involved in lit­i­ga­tion aris­ing out of this con­tract or the per­for­mance there­of, the court in such lit­i­ga­tion, or in a sep­a­rate suit, shall award rea­son­able costs and expens­es, includ­ing attor­ney fees, to the pre­vail­ing par­ty. In award­ing attor­ney fees, the court will not be bound by any court fee sched­ule; but shall, if it is in the inter­est of jus­tice to do so, award the full amount of costs, expens­es and attor­ney fees paid or incurred in good faith.

20. CleanUp. Upon com­ple­tion of the work, Con­trac­tor will remove debris and sur­plus mate­r­i­al from owner’s prop­er­ty and leave it in a neat and broom-clean condition.

21. Stan­dards. All applic­a­ble stan­dards adopt­ed by the Paint­ing and Dec­o­rat­ing Con­trac­tors of Amer­i­ca shall be incor­po­rat­ed into this Agreement.

22. War­ran­ty. There are no war­ranties, express or implied, except as set forth in this agree­ment and attached hereto.

23. Notice. Con­trac­tors are required by law to be licensed and reg­u­lat­ed by the Contractor’s State License Board which has juris­dic­tion to inves­ti­gate com­plaints against con­trac­tors if a com­plaint regard­ing a patent act or omis­sion is filed with­in four years of the date of the alleged vio­la­tion. A com­plaint regard­ing a latent act or omis­sion per­tain­ing to any struc­tur­al defects must be filed with­in 10 years of the date of the alleged vio­la­tion. Any ques­tions con­cern­ing a con­trac­tor may be referred to the Reg­is­trar, Contractor’s State License Board, PO Box 26000, Sacra­men­to, Cal­i­for­nia 95826. Fail­ure by the Con­trac­tor with­out law­ful excuse to sub­stan­tial­ly com­mence work with­in 20 days of the approx­i­mate start date spec­i­fied in the Sched­ule sec­tion of this Agree­ment is a vio­la­tion of Con­trac­tors State License Law.

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TERMS AND CONDITIONS

Good Character

Honesty. Integrity. Making sure the job is done right. Skills are important, but this is the part of our reputation we’re most proud of.
TERMS AND CONDITIONS

Fine Craftsmanship

Call us old fashioned, but we love old-school craftsmanship. Clean lines, skilled hands, and a deep satisfaction in what we do…
TERMS AND CONDITIONS

Our Value

When you need a beautiful, lasting paint job, you can’t cut corners or skimp on the process. The value is found in doing the job right.

Our Promise

We don’t take your trust lightly. These promises reflect who we are, how we conduct our business, and the core values that guide every step of our process. We promise to:

  • Share a commitment to the total success of your project
  • Hold ourselves to high standards
  • Ensure your comfort with our employees
  • Respect your property
  • Never cut corners, but deliver on our reputation for craftsmanship
  • Use the best products for peak performance
  • Ensure that you will love the painting process and results!

Our Customers Love Us

“For the past decade, Chism Brothers has expertly painted the entire interior and exterior of our home. The work is consistently superb.”
C. Dunaway (Bay Park)
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    Phone (858) 454-3850
    7958 Convoy Ct
    San Diego, CA 92111
    CA Contractor Lic #491884
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