General Terms and Conditions
Outside the Box Painting
Effective Date: August 2025
General Terms and Conditions
These General Terms and Conditions apply to all painting services provided by Outside the Box Painting. By accepting a quote or engaging our services, the client agrees to these Terms. These Terms form part of any quote, proposal, or service agreement and are made available on our website.
1 .Scope of Work
We will perform the painting services described in the accepted Quote or Schedule of Work.
Work will be carried out in a good and workmanlike manner consistent with accepted trade practice for residential and light commercial painting.
Surfaces will be prepared as reasonably required (scraping, filling, spot priming where necessary). {in alignment with MPI standards or better}.
Unless otherwise stated in writing, the standard scope includes one or two coats of quality acrylic latex paint suitable for the surface and exposure.
We do fill holes greater then 1/4 inch, do drywall or other trades unless specifically agreed to in writing beforehand.
2. Schedule
Work will proceed according to the timeframe discussed and confirmed in the Quote or subsequent communications.
Painting is weather- and condition-dependent. We may adjust the schedule for rain, temperatures below 5 °C, high moisture, material delays, or other circumstances beyond our reasonable control. We will keep the Client informed and prioritize completion once conditions allow.
3. Price and Payment
The price is set out in the Quote.
Unless otherwise agreed in writing:
25 % non-refundable deposit is due upon acceptance of the Quote (normally 2–4 weeks before start).
Progress payments as specified in the Quote or invoices.
Final balance is due within 10 days of substantial completion.
Unpaid amounts after the due date may incur reasonable collection costs. We reserve the right to suspend work or withhold final delivery of any remaining materials until payment is received or to file builders liens and the like to in order to insure prompt payment for services.
4. Client Responsibilities
The Client agrees to:
Provide clear, safe access to the work areas during agreed hours.
Supply water, electricity, washroom access, and reasonable parking.
Inform occupants if access to decks, balconies, or private areas is required.
Disclose in writing any known conditions that may affect adhesion or performance (previous coatings, substrate problems, moisture issues, etc.).
Obtain any required strata, landlord, or property-manager approvals.
5. Contractor Responsibilities
We will:
Supply labour, materials, tools, and equipment necessary to complete the work unless the Quote states otherwise.
Maintain a reasonably clean and orderly site, leaving it broom-clean at the end of each day and upon completion.
Take reasonable care to protect adjacent surfaces, landscaping, and vehicles.
Conduct the work professionally and respectfully.
6. Changes and Extra Work
Any change or additional work must be confirmed in writing (including text or email).
If no price is agreed in advance, extra work is charged at $80 per hour per worker plus the cost of materials plus 10 % for overhead and profit.
The Client will not unreasonably withhold approval for extra work arising from unforeseen conditions, hidden defects, or Client instructions.
7. Warranty
We warrant our workmanship and the materials we supply against defects in application or preparation for one (1) year from substantial completion.
Covered issues are limited to peeling, blistering, cracking, or premature failure caused by improper preparation or application by us.
The warranty does not cover normal weathering, manufacturer defects, undisclosed substrate problems, structural movement, water intrusion from other sources, third-party damage, or acts of nature. This includes any issues arising from older buildings where water often gets beneath siding.
Claims must be made in writing. We will inspect and, if the claim is covered, repair the affected area within a reasonable time. This warranty is non-transferable and is our sole obligation regarding defects. Work beyond two full crew-days of warranty repair may be charged at regular rates if we determine the issue falls outside coverage, and reserve the right to refuse to work if client is unwilling to compensate us.
8. Insurance and Limitation of Liability
We carry commercial general liability insurance.
Our total liability under any agreement is limited to the total contract price, except in cases of fraud, gross negligence, or wilful misconduct.
The Client remains responsible for maintaining property insurance on the premises.
We are not liable for consequential, indirect, or incidental damages.
9. Termination
Either party may end an agreement for material breach after written notice and a reasonable opportunity to cure (10 days for Client termination, 5 business days for Contractor termination).
Upon termination the Client pays for all work performed, materials ordered or delivered, and reasonable demobilization costs.
10. Independent Contractor
We are an independent contractor. We control the manner and means of performing the work and are not employees of the Client, nor do we work for any government agency and we retain our liberty and grace as men and women under our creator first and foremost.
11. Dispute Resolution
The parties will first attempt to resolve any dispute through good-faith discussion or mediation.
If unresolved, the dispute will be settled by binding arbitration under mutually agreed rules. Each party bears its own costs.
These Terms are governed by the laws of Equity, as put forth the Original Courts of Chancery. Principles of fairness and good faith guide interpretation.
12. General
These Terms (together with any accepted Quote) form the entire agreement. We may update these from time to time.
We may use subcontractors and remain responsible for their work.
If any provision is held unenforceable, the rest remains in effect.
We are not responsible for delays caused by weather, supply issues, labour shortages, or other events beyond our reasonable control.
By accepting a quote or engaging our services, the Client confirms they have read and agree to these Terms.