Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE AS THEY AFFECT YOUR RIGHTS
So…do you come here often? Whether or not you do, you should still read this because it affects how you can use this website and any related services. Before we get into the legal stuff we want to apologize for the “ALL CAPS”, honestly we don’t mean to yell. In fact, our fancy pants lawyer told us we’re required to let you know that there is some really important stuff that you have to read and agree to before viewing or interacting with us or our website. So without further ado:
THE FOLLOWING “TERMS OF SERVICE AND CONDITIONS OF USE” (“Agreement”) GOVERN YOUR USE OF THE WEBSITE https://useaglemoving.com/(“Site”) MADE AVAILABLE BY STUBBINS PAINTING, AND ANY RELATED SITES AND SERVICES (TOGETHER “STUBBINS PAINTING”. USE OF THIS WEBSITE, AS WELL AS BECOMING A CLIENT OF STUBBINS PAINTING, OR ITS RESELLER, REQUIRES CONSIDERATION FOR, AND AS A CONDITION OF ALLOWING YOU TO VIEW OR REGISTER FOR THIS WEBSITE AND ANY RELATED SERVICES, YOUR HAVING READ AND ACCEPTED THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY VIEWING, VISITING, USING, REGISTERING, BECOMING A CLIENT OR RESELLER, OR INTERACTING WITH THIS WEBSITE, YOU ACCEPT THE TERMS OF THE AGREEMENT WHETHER YOU ARE A VISITOR OR A REGISTERED USER. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS YOU MUST DISCONTINUE USE OF THE SITE AND/OR SERVICES. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS AND THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND THAT YOU REPRESENT YOURSELF AS BEING OF YOUR TRUE AGE AND IDENTITY INTRODUCTION.
1. Changes in the Services. The Customer may request reasonable changes to the Services described in Section 1. Any changes to the Services must be in writing and signed by both the Contractor and the Customer. The Customer agrees that any changes to the Services may result in additional charges and extend the Painting Schedule described in Section 3.
2. Painting Schedule. The Contractor will complete the Services in accordance with the following schedule. The Customer agrees that all dates are subject to change if Customer requests any changes or additions to the Services. Completion date is further subject to weather conditions.
Start Date: NA
3. Payment Schedule.
Upon execution of the Contract: 10% will be due for payment.
Upon completion of all Services: 90% balance will be due for payment.
The Contractor agrees to provide the Customer a breakdown of all costs (i.e., materials and labor) upon Customer’s request.
4. Events Beyond Contractor’s Control. Customer agrees that if the Contractor is unable to complete the Services by the Completion Date because of reasons that were not caused by the Contractor (i.e., availability of necessary supplies, specific paint color, etc.) or because of events beyond the Contractor’s control (such as fire, flood, acts of God, vandalism, etc.), the Contractor will not be deemed to have breached this Contract and the time for the Contractor to complete the Services will be extended by the amount of time reasonably necessary for the Contractor to complete the Services and at a schedule agreeable to the Parties. The time for the Customer to pay the Contractor for the Services will be extended in the same manner.
5. Safety Precautions. The Contractor will take all reasonable safety precautions in performing the Services. The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons and property. The Customer agrees to keep the Property clear of all known and potential hazards. The Customer further agrees to keep all pets out of the work area of the Property.
6. Termination. The Customer can terminate the Contract by giving written notice: (a) if the Contractor commits any material breach of this Contract and fails to correct the breach within 10 days of notice of the breach; or (b) if there is any repeated failure by the Contractor to provide the Services of an acceptable standard and to the reasonable satisfaction of the Customer.
The Contractor can terminate the Contract by giving written notice: (a) if the Customer fails to make the payments required and set forth in Section 4 within 2 days of notice of failure to make a payment; or (b) if the Customer commits any other material, non-financial breach and fails to correct the breach within 10 days of notice of the breach.
7. Entire Agreement. This document reflects the entire agreement between the Contractor and the Customer and reflects a complete understanding of the parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered
or supplemented except in writing signed by both the Contractor and the Customer.
8. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
9.Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.
10. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or enforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
11.Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
12. Warranty. Five Year Warranty. Five year limited warranty for exterior painting is for a period of 60 months (5 years) from the date of completion of the work described in the contract between the customer and Stubbins Painting (hereafter referred to as “the Contractor”). Lifetime warranty on all paint (warranty through Sherwin Williams).