Elite Coats 502 LLC - Terms & Conditions
Scope of Work
Elite Coats 502 agrees to perform only the services specifically described in the accompanying proposal. Any work, repairs, materials, or services outside the written scope are not included unless approved in writing by Elite Coats 502 and the customer before the additional work begins. Approved additional work may result in additional charges and may affect the project schedule or completion date.
Payment Terms
Residential painting projects require a fifty percent (50%) deposit upfront to secure scheduling and materials. Pressure washing and exterior cleaning projects under $1,000 generally do not require a deposit. Projects of $1,000 or more require a twenty-five percent (25%) deposit upfront unless otherwise stated in writing. Commercial projects are subject to the deposit, progress-payment, and final-payment schedule stated in the applicable written proposal or contract. Unless otherwise stated in writing, the remaining balance is due immediately upon completion of the contracted work. Late payments may incur additional fees where permitted by law. Minimum service or project charges may apply and will be disclosed in the written estimate or proposal prior to scheduling.
Scheduling
Project scheduling is based on availability and receipt of any required deposit. Project start and completion dates are good-faith estimates and may be adjusted due to weather, temperature, surface conditions, material availability, manufacturer requirements, equipment issues, crew availability, delays on prior projects, safety concerns, or other circumstances beyond Elite Coats 502's reasonable control.
Customers are responsible for providing reasonable access to the property and work areas and for completing any required preparations before the scheduled start date. If weather, access issues, safety concerns, or other conditions prevent scheduled service, the project may be rescheduled to the next available opening and will not be treated as a cancellation by Elite Coats 502. Any deposit already paid will remain applied to the rescheduled project.
Customer-caused delays may also result in the project being moved to the next available opening and may be subject to applicable trip, mobilization, or additional-cost provisions in these Terms.
Cancellation and Deposit Policy
Customers may cancel the agreement without penalty up to seven (7) days prior to the scheduled start date. If cancellation occurs within seven (7) days of the scheduled start date, any deposit paid may be forfeited and retained by Elite Coats 502, to the extent permitted by applicable law, to cover administrative costs, scheduling losses, and material procurement.
If a customer requests to reschedule within seven (7) days of the scheduled start date, the project may be moved to the next available opening in the production schedule. If Elite Coats 502 must reschedule because of weather, access limitations not caused by the customer, safety concerns, material or equipment issues, or other circumstances beyond its reasonable control, the rescheduling will not be treated as a customer cancellation and any deposit will transfer to the new date without penalty.
This cancellation policy does not limit or waive any cancellation, rescission, notice, or refund right that cannot legally be waived under applicable federal, state, or local law. If such a legal right applies, the applicable legal requirements will control.
Pet Waste and Jobsite Sanitation
The customer is responsible for ensuring that all work areas are reasonably clean and free of pet waste before Elite Coats 502 arrives to perform services. This includes yards, walkways, patios, decks, driveways, and other areas where employees, subcontractors, hoses, ladders, equipment, or materials may be placed or used.
If pet waste is present within the work area when Elite Coats 502 arrives, a $100 jobsite sanitation fee will automatically be added to the project balance. If excessive pet waste or other unsanitary conditions are present, Elite Coats 502 may assess an additional sanitation charge, delay the project, or reschedule the work until the area has been properly cleaned. By accepting the estimate, proposal, or these Terms & Conditions, the customer acknowledges and agrees to these charges.
Pet Containment
All pets must be properly secured away from work areas during the project. Elite Coats 502 is not responsible for pets that escape due to necessary jobsite access.
Children and Occupant Safety
Painting projects involve ladders, tools, equipment, and coatings that may present hazards. Customers are responsible for ensuring that children and occupants stay clear of active work areas.
Customer Responsibilities
The customer is responsible for providing Elite Coats 502 and its crew with reasonable access to the property and all areas included in the contracted work. Gates, entrances, and other necessary access points must be unlocked or otherwise made available during scheduled work hours.
For pressure washing and exterior cleaning services, the customer must provide access to a functioning on-site water supply capable of providing continuous water flow so Elite Coats 502 can fill and maintain its water tanks and properly perform the contracted cleaning services.
For painting projects, the customer must provide reasonable access to a functioning water source for cleaning brushes, rollers, sprayers, tools, and other painting equipment as necessary. When required for the contracted work, the customer must also provide reasonable access to functioning electrical outlets.
Before work begins, customers are responsible for moving vehicles, furniture, decorations, fragile items, and personal belongings away from work areas. Windows and doors must be properly closed during exterior cleaning, and irrigation or sprinkler systems must be turned off when requested.
If the customer fails to provide required access, utilities, or jobsite preparation and Elite Coats 502 is unable to reasonably perform the scheduled work, Elite Coats 502 may delay or reschedule the project to the next available opening. A $199 trip or mobilization charge may be assessed when a crew arrives ready to work but cannot proceed due to customer-caused conditions.
Additional labor, travel, equipment, water, or other costs resulting from the customer’s failure to provide required access or utilities may be charged separately. Repeated failure to provide required access, utilities, or required preparation may result in cancellation of the project subject to the applicable cancellation and deposit terms and applicable law.
Paint Storage and Touch-Ups
Remaining paint may be left with the customer for future touch-ups. Customers are responsible for proper storage. Due to aging, environmental exposure, and application differences, exact color matching for future touch-ups cannot be guaranteed.
Scope Inclusions and Exclusions
Only work expressly included in the written estimate or proposal is included in the project price.
Up to two minor workmanship touch-up items reported within seven (7) calendar days after completion will be addressed at no additional charge, provided they relate to the original contracted work and are reasonably accessible.
Customer-requested color or sheen changes after approval, additional coats not included in the proposal, structural repairs, rot or substrate replacement, significant drywall repair beyond minor patching, carpentry, water or moisture remediation, and other work outside the written scope are excluded unless separately quoted and approved in writing. Additional work will be handled as a change order and may affect price and schedule.
Painting Workmanship Warranty
Elite Coats 502 provides a two-year workmanship warranty on painting projects for cracking or peeling that is attributable to Elite Coats 502's application or workmanship.
This warranty does not cover fading, color or sheen changes, mildew, rust or tannin bleed, normal wear, impact or abrasion, damage by others, moisture or water intrusion, leaks, structural movement or settling, substrate failure, wood movement, caulk or joint failure, pre-existing conditions, manufacturer or product failure, or conditions outside Elite Coats 502's reasonable control.
Customer-selected or customer-supplied products are excluded from this warranty unless Elite Coats 502 expressly agrees otherwise in writing, subject to applicable law.
Customer-Selected or Customer-Supplied Products
When a customer supplies, selects, or specifically requires the use of a paint, stain, sealer, primer, coating, or other product that is not selected or recommended by Elite Coats 502, that product is used at the customer's request.
The customer must provide the complete product name and available manufacturer specifications, technical data, and application instructions before work begins. Elite Coats 502 may delay, suspend, or decline application of an unfamiliar product until its preparation, compatibility, application, drying, and curing requirements can be reviewed.
Unless Elite Coats 502 expressly agrees otherwise in writing, no Elite Coats 502 warranty applies to customer-selected or customer-supplied products. Elite Coats 502 is not responsible for product-specific performance, manufacturer defects, unusual drying or curing characteristics, absorption, appearance variations, compatibility or adhesion issues, or special preparation or application requirements that were not disclosed or reasonably known before work began.
Additional preparation, labor, return visits, corrective work, or schedule changes required because of a customer-selected or customer-supplied product may result in additional charges and will be handled as a change order. Nothing in this section limits obligations that cannot legally be waived.
Products purchased by the customer through online marketplaces, third-party sellers, discount outlets, or other sources not selected by Elite Coats 502 are used at the customer's risk. Elite Coats 502 does not warrant the authenticity, condition, storage history, shelf life, compatibility, or performance of those products and is not responsible for product-related failure attributable to those conditions.
Pressure Washing Disclaimer
Pressure washing may reveal pre-existing conditions such as loose paint, deteriorated wood, or failing caulk. Elite Coats 502 is not responsible for damage resulting from pre-existing surface conditions.
Water Intrusion Disclaimer
While reasonable precautions are taken, Elite Coats 502 is not responsible for water intrusion caused by deteriorated seals, improper construction, or existing structural deficiencies.
Limitation of Liability and Customer-Provided Conditions
To the fullest extent permitted by applicable law, Elite Coats 502 is not responsible for loss or damage caused by pre-existing, concealed, or undisclosed conditions; structural or substrate defects; customer-selected or customer-supplied products; third-party work; or conditions outside Elite Coats 502's reasonable control.
Except for obligations that cannot legally be limited, Elite Coats 502's total liability arising from a specific contracted service will not exceed the amount paid to Elite Coats 502 for the portion of the work giving rise to the claim.
Elite Coats 502 will not be liable for indirect, incidental, special, or consequential damages to the extent such limitations are permitted by law. The customer is responsible for claims, costs, or losses caused by customer-provided products, inaccurate or incomplete information, undisclosed conditions, or actions of other contractors or third parties.
Right to Photograph Work
Elite Coats 502 reserves the right to photograph projects before, during, and after completion for documentation and marketing purposes. Personal customer information will not be shared.
Mechanic's Lien Notice
Failure to make payment as agreed may result in Elite Coats 502 exercising its legal right to file a mechanic’s lien against the property where work was performed, as allowed by state law.
Dispute Resolution and Governing Law
The parties agree to first attempt in good faith to resolve any dispute arising from the project through direct discussion and reasonable efforts to reach a mutually acceptable resolution.
If the dispute cannot be resolved informally, either party may pursue available remedies in a court of competent jurisdiction. Unless applicable law requires otherwise, these Terms and the applicable proposal or contract will be governed by Kentucky law, and venue will lie in an appropriate Kentucky court.
Nothing in this section limits any non-waivable consumer right or any right to use small claims court when available.
Electronic Acceptance
The customer acknowledges and accepts these Terms & Conditions by electronically approving an estimate or proposal, paying a required deposit, or requesting or scheduling services after receiving or being provided access to these Terms, to the extent permitted by applicable law.
Electronic acceptance has the same effect as a handwritten signature where legally recognized.
