Warranty / Terms of Service
Zoe’s ProEdge Painting warrants interior and exterior painting labor and material for a period of two years. If paint failure appears, we will supply labor and materials to correct the condition without cost. This warranty is in lieu of all other warranties, expressed or implied. Our responsibility is limited to correcting the condition as indicated above.
This warranty excludes, and in no event will Zoe’s ProEdge Painting LLC be responsible for consequential or incidental damages caused by accident or abuse, normal wear and tear, temperature changes, settlement or moisture; i.e., nail pops or cracks caused by expansion and/or contraction. Cracks will be properly prepared as indicated at time of job, but will not be covered under this warranty.
Exclusions also include:
a. Painted or stained horizontal walking surfaces (i.e. decks, floors and steps), dirt and mildew accumulation.
b. Paint failure due to rotted wood, structural defects, moisture intrusion, failure of previous paint coatings and insect infestation.
Zoe’s ProEdge Painting is not responsible for differences in paint color when performing warranty work.
This warranty is transferable.
Cancellation and Refund Policy
All sales for our professional services rendered are final. If you are not completely satisfied with the professional services you were provided please contact email@example.com or call 860-834-5500.
By law, consumers have a right to cancel within three business days after signing the contract. See our sample Notice of Cancellation (below) for an explanation of this right.
Notice of Cancellation
DATE OF TRANSACTION: _________________
YOU MAY CANCEL THIS TRANSACTION WITHOUT PENALTY OR OBLIGATION, WITHIN (3) BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETURN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR THE PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO:
NAME OF SELLER: Zoe’s ProEdge Painting LLC
Zoe’s ProEdge Painting LLC
P.O. Box 8015
Manchester, CT 06040
NOT LATER THAN MIDNIGHT OF THIS DATE (3 business days from cancellation) ____/____/____
I HEREBY CANCEL THIS TRANSACTION:
CONSUMER’S SIGNATURE: __________________________________________________
CONSUMER’S NAME: ________________________________________________________
Home Improvement Contract
Terms and Conditions
A CT Home Improvement Contract is not only necessary but is required by law no matter how small the amount of work to be performed. “Home Improvement” work is broadly defined as any permanent change to residential property, including but not limited to driveways, porches, garages, roofs, siding, insulation, flooring, patios, landscaping, painting, fences, doors and windows, and waterproofing.
The home improvement contract is the best way for both homeowner and contractor to protect their interests in the project. The contract details the work to be done, estimated cost, timeframe, and other vital information.
While each contract will differ according to the type of work being done and other factors, the following terms and conditions will apply to all work performed by Zoe’s ProEdge Painting.
TERMS AND CONDITIONS
- Cancellation Provision
The Owner may cancel this transaction at any time prior to midnight on the third business day after the date of this transaction. See the attached, Appendix A: “Notice of Cancellation” for an explanation of this right.
Contractor warrants that they are a registered Limited Liability Company and currently hold a valid license under the laws and statutes of the State of Connecticut.
Each payment due to Zoe’s ProEdge Painting under this Contract shall be paid by check, debit/credit card, or wire transfer of funds in accordance with written instructions provided by the Contractor. Owner agrees to make payments in the following installments: approximately one-third of the total contract amount up-front to cover the purchase/delivery of materials and necessary preparation work; a second installment (approximately one-third) after demo and/or preparation work is completed and work has fully commenced (at about 50% completion); and the final remaining installment, plus the final cost of materials, will be invoiced once the contracted services (including approved change orders) are completed. The total number of installments, and percentage thereof, may be adjusted depending on the size of the project and/or the amount of time allocated for completion.
Detailed invoices shall be prepared by Contractor and submitted to Owner in accordance with the installment plan and upon completion of the specified services. If any invoice is not paid when due or within 30 days of receipt, interest will be added to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Owner shall pay all costs of collection, including without limitation, reasonable attorney fees.
In addition to any other right or remedy provided by law, if Owner fails to pay for the Services when due, the Contractor has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
- Material Allowance
The material allowance specified in the project quote and Contract is the money allocated to cover the cost of material(s), applicable sales tax, overhead and profit only; excluding the labor to install the specified material(s). Owner understands and agrees that the material allowance amount may be more or less than the figure specified in the Contract depending on Owner’s selection(s) and/or third party’s actual charges to Contractor. If the cost of the Owner-selected materials exceeds the material allowance amount, then that amount will be added and invoiced in the next installment payment or final payment. If the amount is less than the material allowance amount, then that amount will be subtracted from the final invoice.
Prior to final material(s) selection, Contractor will estimate costs using recommended standard products appropriate for the work specified in this Contract. Paint and paint products are estimated using Sherwin-Williams or Benjamin Moore products. Paint products and finishes are selected in accordance with manufacturer recommendations in regard to surface location, exposure and surface condition.
- Time for Performance
Contractor shall commence work under this Contract on or before the start date indicated above. Contractor shall be deemed to have substantially commenced work when Contractor moves equipment onto the jobsite or begins physically preparing the workspace. If Contractor fails to substantially commence work within 30 days from the approximate date of commencement, Owner may delay the succeeding payment due to the Contractor for a period of time equal to that of the delay in commencement of work. Allowance in approximate start and completion dates shall be made for any delays attributable to circumstances beyond Contractor’s control.
Unless otherwise specified, Owner will provide all water, sewer, gas, and electric utilities from the point of entry at Owner’s property line. In compliance with federal and state law, Owner agrees to make water and toilet facilities available to all workers or to compensate Contractor for the cost of rented facilities. Owner agrees to provide the electricity that Contractor requires at the jobsite to complete the work.
- Access to Work
Owner shall grant free access to work areas for workers and vehicles and shall provide areas for storage and/or disposal of materials and debris. Owner agrees to keep driveways clear and available for movement and parking of trucks during scheduled working hours. Owner shall be responsible for securing all entrances to the jobsite in a manner adequate to prevent persons other than Owner, Contractor, and any authorized workers or material suppliers from gaining access to that site. Contractor shall be responsible, at the end of every workday, for storing all equipment and materials in the facilities provided by Owner. Contractor shall not be liable for damage to driveways, walks, lawns, shrubs, or other vegetation by movement of trucks, workers, equipment, materials, or debris.
Contractor shall keep Owner advised as to the hours during which work is scheduled to be performed at the jobsite. If Owner denies access to any worker or supplier of materials during scheduled working hours, then Owner will be deemed in breach of this Contract and subject to liability for any damages caused by the breach.
Owner is responsible for obtaining all financing that is or may be necessary to fund the work specified in this Contract. Owner represents that Owner has sufficient funds or has arranged sufficient financing to comply with this Contract.
- Hazardous Materials
The removal, disturbance, or transportation of hazardous materials, including asbestos, is not Contractor’s responsibility under this Contract. The parties agree that, if Contractor encounters hazardous materials in the course of the Project, Contractor shall stop work immediately and notify Owner who may then retain a qualified Contractor to perform the work. Such work shall be considered Extra Work under Paragraph 12.
- Work Allowance, Conflict, and Abnormal Conditions
There shall be a reasonable allowance on all dimensions specified in work plans. All sizes are outside approximate sizes. If there is any conflict between sketches, renderings, pictures, colors, finishes, plans, blueprints, etc., and the terms of this Contract, this Contract shall be controlling. Contractor is not responsible for any existing illegal conditions or abnormal building methods. Contractor may, but is not obligated to, correct those conditions. All work necessary to correct abnormal conditions that is required by public bodies shall constitute an extra work item and the cost shall be in addition to the Contract price specified herein.
- Change Orders, Amendments, and Modifications
Any subsequent amendment, modification, or Contract, which alters this Contract, and which is signed or initialed by Contractor and Owner, shall be deemed a part of this Contract and shall be controlling in case of conflict with any other provision in Contract.
- Extra Work and Changes
If Owner, Construction Lender, or any public body or inspector directs any modification or addition to the work covered by this Contract, the charge for that extra work shall be determined in advance and the cost shall be added to the Contract price in addition to the Contractor’s usual fee for overhead and profit. Owner shall make payments for all extra work as that work progresses, concurrently with regularly scheduled payments. Contractor shall do no extra work without the prior written authorization of the Owner. Any authorization for extra work shall show the agreed terms and shall be approved by both parties.
- Preparation, Work, and Material
Contractor calls Owner’s attention to, and Owner acknowledges, the limitations of patching plaster. While Contractor shall make every effort to match existing textures, colors, and planes, exact duplication is not promised. Contractor shall have the option of selecting all necessary tools, equipment, and floor coverings to complete the Project.
- Termite Work
Contractor is not obligated to perform any work to correct damage caused by termites or dry rot. Any such work shall be an extra work item subject to Paragraph 12 of this Contract.
- Removal of Material and Debris
Except for items designated by Owner in writing prior to the commencement of construction, Contractor shall dispose of all material removed from structures in the course of alteration. Disposal of large or large quantity of materials may incur an additional charge. Contractor shall remove all construction debris on termination of work and shall leave the premises in neat, broom-clean condition.
- Extra Time
Contractor shall start and diligently pursue work through to completion, but shall not be responsible for delays caused by any of the following: extra work requested by Owner; failure of issuance of all necessary permits within a reasonable length of time; funding of loans; disbursement of funds into funding control or escrow, inclement weather; inability to secure material through regular recognized channels; acts of neglect or omission by Owner or Owner’s employees or agents; acts of public enemy; riots or civil commotion; imposition of Government priority or allocation of materials; Owner’s failure to make payments when due; delays caused by inspection or changes ordered by the inspectors of authorized government bodies; acts of independent Contractors; holidays; or any other circumstances beyond Contractor’s control.
- Contractual Insurance and Indemnity Provisions
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, Owner’s consultants, agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the work itself, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Paragraph 18 of this Contract.
- Contractor’s Liability Insurance
Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the project is located such insurance as will protect the Contractor from claims set forth below that may arise out of or result from Contractor operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by anyone directly or indirectly employed by them, or by anyone for whose acts they may be liable:
- Claims under workers’ compensation, disability benefit and other similar employee benefit acts which are applicable to the work to be performed;
- Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;
- Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;
- Claims for bodily injury or property damage arising out of completed operations; and
- Claims involving contractual or liability insurance applicable to Contractor obligations under Paragraph 18.
The insurance required shall be written for not less than limits of liability specified in the Contract or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the work until date of final payment and termination of any coverage required to be maintained after final payment.
- Protection of Owner’s Property
Owner agrees to remove from the jobsite or to otherwise protect any personal property including, but not limited to, carpets, rugs, drapes, furniture, shrubs and plantings. Contractor shall not be held responsible for damage to or loss of any items of personal property.
- Guarantee of Materials and Workmanship
Contractor does not guarantee any materials, equipment, assemblies, or units that Contractor has purchased or will purchase as part of the work covered by this Contract. All of these items are subject to manufacturers or processor’s guarantees or warranties.
- Renovation, Repair and Painting Rule
Contractor holds current certification (NAT-F224065-1) as a lead-safe renovation firm under the United States Environmental Protection Agency’s Renovation, Repair, and Painting Rule (RRP). Contractor and employees have been trained and certified to conduct renovation activities that may disturb more than six square feet of painted surfaces in homes and child occupied facilities, including day care centers and schools, built before 1978. Lead-safe work practices will be implemented by Contractor in any housing covered by the RRP rule.
RRP projects performed by Contractor are at the option of Owner for aesthetic or other reasons, or as an interim control to minimize lead hazards. Contractor does not perform or guarantee lead abatement activities designed to permanently eliminate lead-based paint hazards. Under the RRP rule, if applicable, Owner agrees to receive EPA’s lead hazard information pamphlet, Renovate Right, and provide documentation of compliance before renovation work begins.
- Work Stoppage
Contractor shall have the right to stop work and keep the job idle if payments are not made to Contractor when due. If the work is stopped, for any reason, for a period of 60 days, then Contractor may, at Contractor’s option, on five days written notice, demand and receive payment for all work executed and materials ordered or supplied and any other loss sustained, including Contractor’s normal overhead plus a profit of 10 percent of the Contract price. Thereafter, Contractor is relieved from any further liability. If work stops for any reason, Owner shall provide for protection of all material on the premises and shall be responsible for any damage, warpage, racking, or loss of that material.
- Contractor’s Right to Photograph Work
Owner shall permit Contractor or person(s) employed or engaged by Contractor, without compensation or consideration to Owner, to take photographs or video at the project site of both completed work and work in progress, for purposes including, but not limited to, publication in print media, use in broadcast media, publication via the Internet, and use in marketing materials used by Contractor. Such photographs and any accompanying descriptions shall not identify Owner or the property address of the project without the express written consent of Owner.
Any notice required or permitted under this Contract may be given by ordinary or electronic mail at the addresses specified in this Contract. If either party changes his or her address; that party shall provide written notice of the change to the other party. Notice shall be considered received one day after it is deposited in the mail with postage prepaid.
- Integration Clause
This document and all documents incorporated by reference constitute the parties’ entire Contract. No other Contracts, oral or written, regarding the work to be performed under this Contract exist between the parties. This Contract shall be construed in accordance with, and governed by, the laws of the State of Connecticut.
- Corrective or Repair Work
If minor items of corrective or repair work remain to be accomplished by Contractor after the project is ready for occupancy, Contractor shall perform the work expeditiously and Owner shall not withhold any payment pending completion of that work. If major items of corrective or repair work remain to be accomplished after the building is ready for occupancy, and the aggregate cost of that work exceeds one percent of the gross Contract price, then Owner, pending completion of the work, may withhold payment of a sufficient amount to pay for completion of the work, but shall not withhold any greater amount.
- Arbitration of Disputes
Any controversy that develops between Contractor and Owner with regard to matters arising out of, or relating to, this Contract, and that the parties do not promptly resolve, shall be decided by arbitration administered by and, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless the parties agree otherwise in writing. This Paragraph shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgement may be entered on it in any court of competent jurisdiction.
- Attorney’s Fees
In the event of any arbitration or litigation arising from this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.
This Contract shall be executed by the Owner and Contractor and shall be effective as of signing.
If you have any questions regarding our warranty or terms of service, contact us online!