Definitions

Payment Terms

TGPC requires a 50% Deposit to secure a start date. All deposits are due upon acceptance of Quote. All remaining balances are due upon completion. TGPC will issue paid in full invoice electronically within three (3) business days.

Projects over $12,000 will require a weekly payment as per the attached Project Payment Schedule.

Past due amounts will bear interest at the rate of 1.0% a month (12% per annum) from the due date.

Past due amounts are any amounts not paid by Client/Owner at time of completion or any payments not made according to the Project Payment Schedule (if applicable).

Payment is due upon the Client/Owner's receipt of invoice. Past due amounts are any amount, including interest accrued, not paid by Client/Owner within one (1) day of receipt of invoice.

Reversal of Payment

If Client/Owner makes a payment as required under this Customer Agreement, and subsequently reverses payment either in the form of a stop payment on a check, or a chargeback on an electronic or credit card payment, Client/Owner acknowledges and agrees that such act is a breach of this Customer Agreement by Client/Owner.

In such a case, the Client/Owner acknowledges and agrees that TGPC is relieved of its responsibility to perform any further work on the project until payment is made in full for the entire Contract amount and any other amounts due pursuant to this Customer Agreement. Client/Owner agrees to pay a NSF Fee of $30.00 for any NSF (non-sufficient funds) checks, or any reversed payments, both check and electronic/credit card and a $50 Administrative Processing Fee.

Collection Costs

If TGPC is required to engage the services of a collection agency or an attorney, the Client/Owner acknowledges and agrees to reimburse TGPC for any and all attorneys' fees and associated costs incurred in the collection process.

General Conditions

This quote is valid for 30 days.

Change Orders

Any changes or requests for additional work after this quote is accepted must be approved, in writing as a Change Order/Additional Services. No TGPC work crews will undertake services not contained in this Customer Agreement or subsequent Approved Change Order/Additional Services form.

Change Orders/Additional Services, once approved by Client/Owner, will be combined with original quote and subject to additional deposit/increase in any applicable Project Payment Schedule.

Change Orders/Additional Services are subject to these Terms and Conditions.

Client/Owner Responsibilities & Expectations

Client/Owner will provide a clear work environment, as detailed below, unencumbered by other trade professionals. Interference of other trade professionals may result in Additional Charges and add time to the project schedule.

Clear Work Environment

Client/Owner is responsible for removal/protection of any personal possessions, trees, or shrubs, which may be in the way of workers, at the sole discretion of TGPC, to create a minimum 4' clearance from the wall/surfaces to be painted. While TGPC will take reasonable steps to protect/cover personal belongings/furniture, trees, landscaping, or shrubs, TGPC is not responsible for any damage to personal belongings/furniture left in work areas.

Client/Owner is responsible for keeping visitors, children, and pets clear of the work area and agrees to defend, indemnify, and hold harmless TGP and its directors, officers, employees, agents and representatives from and against any claim, demand, cause of action, loss, liability or expense (including attorneys' fees) arising from or in connection with any loss of, damage to, or destruction of any property (real or personal) of any third parties or Client/Owner, or injury or death to any third parties.

Client/Owner is responsible for securing any/all permits required for the project including any coordination with local municipalities.

Client/Owner Must Provide:

• Lighting
• Power
• Water
• Wash out area
• Dumpster or trash receptacle for clean trash
• Storage area
• Parking
• Interior climate (temperature and humidity levels in accordance with manufacturers' recommendations for application of coatings)

If workspace is unavailable or does not meet the requirements of "Clear Work Environment" as above, occupied by other trades, or if any Client/Owner Responsibilities are not met, this may result in Additional Services fees at the stated rates for Additional Services and/or Furniture moving.

Colors & Industry Standards

Colors

TGPC is not responsible for color choices of Client/Owner. TGPC encourages all clients to apply color samples from Sherwin Williams or similar paint retailer in order to ensure customer satisfaction.

Industry Standards

All surface preparation and coating application will follow industry standards established by the PCA (Painting Contractors of America). Standards are available for review by request or at the following link: INDUSTRY STANDARDS

As per PCA standard (PDCA P1 2.6), TGPC "will produce a 'properly painted surface'. A 'properly painted surface' is one that is uniform in color and sheen. It is one that is free of foreign material, lumps, skins, sags, holidays, misses, strike-through or insufficient coverage. It is a surface that is free of drips, spatters, spills, or over-spray, which the contractors' workforce causes. 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."

Inspection of Completed Work

Upon completion of work, Client/Owner agrees to conduct a Final Inspection of the work with TGPC. All defects and uncompleted items should be noted at this time. The inspection must occur under normal lighting conditions (i.e., no spotlight or flashlight), without magnification, and from a normal viewing position (39 inches or one meter from the painted surface), in accordance with the PCA Standards.

Materials & Top Coats

This Customer Agreement is inclusive of all materials/supplies required to complete scope of services. Any excess materials, including but not limited to primer, non-custom trim, ceiling paint, stain, and/or paint are the property of TGPC. TGCP will leave up to one partial gallon of each tinted paint for Client/Owner use.

This estimate reflects a maximum of two (2) top coats of paint, or maximum of one (1) coat of stain or sealer. When spraying, one (1) pass/application is the equivalent of two (2) or more traditional roller and brush top coats. Additional costs will be billed separately, unless specifically augmented in the notes section by the specific language "This estimate includes (insert number) of coats."

Timing & Work Hours

The time frame quoted is an estimate and assumes that the work area is prepared/ready for execution of services. As such, commencement and or completion may be delayed by unforeseeable circumstances, including but not limited to weather, sickness, or an act of God. TGPC does not guarantee a completion date/time or a certain number of TGPC crew members assigned to the project.

TGPC keeps regular business working hours between 7am-5pm Monday-Friday. Any hours requested by Client/Owner outside of regular business hours will require an Approved Change Order/Additional Services and be billed at rates published in this Customer Agreement.

Warranty

This one-year limited warranty does NOT cover:

• Any work which was not performed by TGPC and where TGPC did not supply the paint
• Clear coat or varnished surfaces
• Surfaces made of, or containing, ferrous metal
• Horizontal surfaces that permit moisture to collect, including, but not limited to, decks, railings, stairs, thresholds, patio covers and window sills
• Any repairs which are necessitated as a result of a defect in the paint. The paint manufacturer will cover this portion
• Bleeding caused by knots, rust, or cedar
• Cracks or nail pops in drywall, stucco, plaster, or wood
• Peeling, blistering, or chipping where they are caused by:
  • Peeling of layers of existing paint system prior to the work performed by TGPC
  • Structural defects, settling or movement, including pressure cracks, foundation issues/repairs and any pre-existing surface adhesion issues
  • Moisture content of the substrate
  • Abrasion, mechanical damage, abrasive cleaning, abuse, or damage resulting from use of chemicals
  • Previous layers of paint not applied by TGPC

The warranty does not include matching of the paint. The paint can be matched closely, but rarely perfectly.

Contractual Details

Altering Agreement

No modification of this Customer Agreement, and no authorization for additions or changes, shall be binding on TGPC, unless it is in writing and signed by a duly authorized representative of TGPC.

Assignment

Neither party shall assign this Customer Agreement without the prior written consent of the other party.

Binding

This Customer Agreement shall ensue to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.

Cancellation by Those Guys Painting Co.

TGPC may cancel this Customer Agreement at its sole discretion at any time prior to the commencement of work. If cancellation occurs after work commences, Client/Owner acknowledges and agrees to abide by the TERMINATION BEFORE COMPLETION POLICY as defined below.

Cancellation by Client/Owner Before Work Begins

Client/Owner may cancel this Customer Agreement at any time prior to midnight of the third business day after the date of acceptance. Notice of cancellation must be in writing and may be delivered electronically. Thereafter, Client/Owner shall immediately return to TGPC any materials or equipment of TGPC at the Client/Owner's work site.

In the event of cancellation before work begins, but after the three (3) days set out above in this section, Client/Owner agrees to reimburse TGPC for any actual expenses incurred relating to the canceled Customer Agreement including materials purchased, work performed in anticipation of project commencement, and drive time related to the project. TGPC will provide an invoice of actual expenses and if the Client/Owner has a deposit on file, the amount of this invoice will be deducted from the deposit. Any remaining deposit funds will be returned to the Client/Owner within three (3) business days.

Other Important Provisions

Compliance with Laws: TGPC shall comply with all federal, state, county and municipal laws, ordinances, rules, and regulations required.

Damage/Deficiencies: If Client/Owner makes or wishes to make a claim in relation to any work performed by TGPC, Client/Owner acknowledges and agrees to notify TGPC in writing and then allow TGPC or its agents to inspect the work complained of and make any necessary corrections and repairs to correct any deficiency that may exist in the work performed.

Governing Law: This Customer Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.

Release and Indemnity: Except as provided for above in the section captioned "Client/Owner Responsibilities/Expectations" and the subsection captioned "Clear Work Environment," TGPC agrees to assume all risk of loss and to indemnify and hold Client/Owner harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including legal cost incident thereto for injuries to persons (including death) and for loss of, damage to, or destruction of property (including property of Client/Owner) arising from or in connection with this Customer Agreement unless caused in whole or in part by the negligence or willful misconduct of Client/Owner or Client/Owner's agent or invitees.

Termination Before Completion Policy

In the event either Client/Owner or TGPC desires to terminate this Customer Agreement after work has commenced, but prior to completion, Client/Owner shall immediately, upon receipt of invoice from TGPC, make payment to TGPC for all work completed, for losses sustained by TGPC for materials, equipment, tools, machinery, for the loss of the overhead costs and anticipated profit that TGPC would have made upon completion of the work. Calculations concerning work performed including drive time will be calculated at TGPC sole discretion.

In the event Client/Owner fails to pay the balance owed within five (5) days of receipt of invoice from TGPC, TGPC may proceed to collect such payment in any manner provided for within these Terms and Conditions and/or the laws of the State of Tennessee.

Time Limitation

Any action against TGPC, whether under the Customer Agreement or relating to the subject matter of this Customer Agreement, must be commenced within one year after the completion date.