Warranties & Terms | Envision Painting.
Peace of Mind Warranty
Subject to the limitations set forth below, for a period of 24 months (unless otherwise specified) from the date of substantial completion of the work described on the front of your contract, Envision Painting will repair peeling, blistering or chipping paint resulting from defective workmanship. Suitable repainting or touch up will be the sole remedy for warranty matters.
For this warranty to be valid, you must:
- Pay the full contract price on time (net 15 days).
- Retain a copy of the original contract.
- Retain a copy of your cancelled check or other evidence of payment in full.
- Make the property accessible to the Contractor, or his employees, to perform the repairs
This limited warranty does not cover:
- Any work where the Envision did not supply the paint or other materials.
- Any work which was not performed by Envision.
- Varnished surfaces, Surfaces made of, or containing, galvanized metal, The cost of paint and/or man lifts required to perform the repairs.
- Repairs to horizontal surfaces or any surface that, by virtue of its design permits moisture to collect. Surfaces include, but are not limited to, decks, railings, stairs, porches, roofs, and wood gutters.
- Exact paint match as environmental conditions will affect the color and finish of all paints over time.
- Bleeding caused by knots, rust or cedar, Cracks in drywall, plaster, stucco or wood.
- Peeling, blistering or chipping where they are caused by, mill-glazing from smooth cedar, ordinary wear and tear, abnormal use or misuse, peeling of layers of paint existing prior to the work performed by the Contractor, structural defects, settling or movement, moisture content of the substrate, abrasion, mechanical damage, abrasive cleaning, abuse, or damage resulting from use of chemicals or cleaning agents or exposure to harmful solids, liquids or gases, damage or defects caused in whole or in part by reason of fire, explosion, flood, acts of God, extreme weather conditions, misuse, alterations, abuse, vandalism, negligence, or any other similar causes beyond the control of the Contractor.
Repairs under this limited warranty will be performed only on the specific areas where peeling, blistering or chipping has occurred and only to the level of surface preparation described in the preparation section of this Contract.
THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE BY THE CONTRACTOR AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY THE CONTRACTOR TO THE ORIGINAL PURCHASER NAMED ON THE FRONT OF THIS CONTRACT. IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES IN EXCESS OF THE ORIGINAL CONTRACT PRICE. THIS WARRANTY MAY NOT BE ALTERED OR EXTENDED FOR ANY PURPOSE UNLESS DONE SO IN WRITING IN A DOCUMENT EXECUTED BY ALL PARTIES TO THIS CONTRACT.
GENERAL TERMS & CONDITIONS
1. GENERAL EXCLUSIONS
I. Landscape trimming, tree trimming, sprinkler control, priming of new surfaces replaced by others after our initial jobsite inspection, areas above the roofline including but not limited to roof jacks, vents, pipes, and areas not visible from the ground, previously unpainted areas (unless otherwise specified), masking of flat roofs and/or interior parapet walls in areas non-visible from streets or windows.
2. GENERAL TERMS
I. Envision Painting will not be liable for failure of performance due to adverse weather, labor strikes, accidents, fire not caused by Envision, flood, damage to roof surfaces, broken roof tiles or subsequent damage, water intrusion from leaking windows, doors or other surfaces, the removal of degrading finishes as a result of masking, or any other acts beyond Envision Painting’s reasonable control.
II. The cost of water and utilities are the responsibility of the customer and will be provided on site unless specifically otherwise stated in this agreement.
III. Client is responsible for trimming or removal of trees or vegetation from and around surfaces to be painted. If Envision’s access to the surface to be painted is limited due to vegetation, Envision will paint around the area as best possible.
IV. Client will provide a representative to visit and inspect the job site during the course of work to confirm the work is being performed in a manner consistent with the contract and industry standards. Client and Envision will schedule a final walk through within 15 days of substantial completion. If Client fails to attend final walk through, then the job will be presumed satisfactory and final payment will become due. Only touch up work discussed during the final walk through will be required to be complete; all other work not discussed during the final walk through will be presumed satisfactory. Final invoice will be submitted after the final walk through and shall not be held or withdrawn for simple touch ups.
V. Any additional work not stated in this agreement will only be performed after a change order is executed by both parties
VI. Limitation of liability except as expressly stated herein, there are no other warranties, express or implied, as to the merchantability, fitness for any purpose or otherwise. In no event will Envision Painting be liable for any indirect, special, consequential or loss of use damages, even if advised of the possibility of such damages.
VII. Late payments will be assessed a simple finance charge for 2% per month (net 15)
VIII. Should there be any dispute regarding this agreement or any item arising out of it, the parties agree to try to resolve the dispute in good faith through negotiation or mediation. If the parties cannot otherwise resolve the dispute, each party consents to trial without a jury in the appropriate court in Phoenix, AZ, and the prevailing party will be entitled to recover its legal fees and costs associated with the dispute. The maximum damages award available to Client is the amount paid by Client to Envision under this Contract. Additionally, under no circumstances shall any of Envision’s employees, owners, representatives, contractors or officers be personally liable to Client for any claims and/or damages,
IX. If any provision of this Contract is deemed invalid, illegal or unenforceable, that provision will be severed and all other provisions will remain in full force and effect.
X. This proposal constitutes the entire agreement between both parties and supersedes all other agreements, oral or written, between the parties regarding the subject matter of this agreement. This agreement may be modified only by a writing signed by both parties.