This Contract for Services is made effective as of date of the signature at the last page of this agreement, by and between the Client and Pier180 Inc. ("Pier180") of 1500 Mansell Rd, Alpharetta, Georgia 30009.
DESCRIPTION OF SERVICES.
Pier180 will provide painting services (collectively, the "Services") as outlined in Scope of Work.
Payment shall be made to Pier180 Inc. via ACH, wire transfer, check or other acceptable by Pier180 payment method. Client agrees to pay Pier180 as follows: Invoices are due upon receipt. In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Pier180 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.
This Contract will terminate automatically upon completion by Pier180 of the Services required by this Contract.
Pier180 shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, and the cost thereof shall be included as part of the service price.
Pier180 shall maintain general liability coverage and any other coverages required by/ per project.
CHANGES TO SCOPE OF WORK.
Client may make changes to the scope of the work from time to time during the term of this Contract. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Client agrees to pay any increase in the cost of the painting services as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, Pier180 shall estimate the cost thereof and Client shall pay the actual cost whether or not it is in excess of the estimated cost.
Pier180, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Pier180, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Pier180 and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
Pier180 shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Pier180's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Pier180 on similar projects. All materials and installations incorporated into the work shall be new, unless otherwise specified, and shall be of good quality. Pier180 agrees to repair any peeling, deteriorating, fading paint surfaces for a period of 3 years.
Excluded from the warranty is: caulking, Owner or third-party damages, preexisting conditions, color matches, foundation movement/settling cracks, normal wear and tear, weather exposure, water damages, and Acts of God. Pier180 shall not be responsible for mildew or fungus that may form on painted surfaces. Pier180 shall not be responsible for builders' negligence.
Pier180 agrees to assist in securing fulfillment of warranties provided by the manufacturer on the materials supplied by Pier180. In the event, of peeling, deteriorating, fading paint surfaces within the warranty period and through fault of Pier180, then Pier180 agrees to repair within 15 days of notice, weather permitting.
Pier180's obligation to effect repairs, as described above in this paragraph, is the only guarantee or warranty provided by Pier180 to Client with respect to the agreed work.
The occurrence of any of the following shall constitute a material default under this Contract:
- The failure to make a required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
- The failure to make available or deliver the Services in the time and manner provided for in this Contract.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
This Contract shall be construed in accordance with the laws of the State of Georgia.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT.
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.
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
GENERAL SCOPE OF WORK.
Pier180 shall ensure the painting surfaces are free from dust, dirt, mildew, fungus, loose materials, faults, and major defects, and otherwise properly prepare the surface to receive the paint, to ensure complete even coverage and adequate adhesion of the paint to the surface. Pier180 agrees not to begin work until the surfaces to receive paint are clean, dry, free of major defects, firm and sound to design shape. Upon completion, the painted surface shall be uniform in appearance; with complete coverage; free of runs, sags, and skips; with sharp clean edges, when finishes join other materials or colors; smooth without roughness, (excepting those surface materials whose natural texture is roughness, such as rough cedar beams and siding, textured siding, etc.); and pleasing to the eye. Pier180 is responsible for scheduling delivery of all painting materials. Pier180 is responsible for the cleanup of any splatters caused during painting. Additional details of scope of work will be listed on the estimate.