Terms and Conditions of Service for Illinois Pro Painters

 

Effective Date: September 30, 2025

These Terms and Conditions of Service ("Agreement") govern the contractual relationship between Illinois Pro Painters ("Contractor," "we," "us," or "our") and the client ("Client" or "you") receiving painting, surface preparation, or other services outlined in the attached written Proposal, Estimate, or Work Order (the "Work Order"). By accepting the Work Order, you agree to be bound by these Terms and Conditions.

 

1. Work Order and Scope of Work

 

1.1. Agreement: This Agreement, along with the Work Order, constitutes the entire agreement between the parties. In the event of any conflict, the specific details provided in the Work Order shall take precedence over these general Terms and Conditions.

1.2. Scope: The Contractor agrees to perform and complete the work described exclusively in the attached Work Order (the "Services"). The Services include only the specific areas, surfaces, preparation methods, paint colors, and materials explicitly detailed in the Work Order.

1.3. Exclusions: Unless explicitly stated in the Work Order, the Services do not include:

• Repair of significant structural defects, dry rot, or hidden damage.

• Replacement of windows, doors, or complex carpentry beyond minor patching/caulking.

• Moving furniture or items exceeding 50 lbs, or items that the Client has not cleared from the work area.

• Hazardous material abatement (e.g., lead or asbestos).

 

2. Pricing and Payment Terms

 

2.1. Contract Price: The Client agrees to pay the Contractor the total contract price ("Contract Price") as specified in the Work Order. This price includes labor, materials (unless otherwise noted), and all related costs.

2.2. Deposit: A non-refundable deposit of 50% of the Contract Price is required upon acceptance of the Work Order to secure the booking and cover initial material costs.

2.3. Payment Schedule: Payment shall be made according to the schedule specified in the Work Order, typically:

• 50% upon acceptance of the work order

• The remaining balance upon substantial completion and final inspection by the Client.]

2.4. Late Payments: Any portion of the payment not received within five (5) days of the due date will be subject to a late fee of 1.5% per month or $50.00 on the unpaid balance, or the maximum amount allowed by Illinois law. The Contractor reserves the right to cease all work until past-due payments are made.

 

3. Changes and Adjustments (Change Orders)

 

3.1. Change Orders: Any changes to the original Scope of Work, including additional services, color changes, or materials upgrades requested by the Client, must be documented in a written "Change Order."

3.2. Authorization and Cost: The Change Order must be signed by both the Client and the Contractor and will specify the adjustment to the Contract Price and the impact on the project timeline. The Contractor is not obligated to perform any changed work without a signed Change Order.

 

4. Worksite Conditions and Client Responsibilities

 

4.1. Access: The Client agrees to provide the Contractor and its employees/subcontractors with access to the work area, utilities (including electricity and water), and a designated storage space for equipment and materials during agreed-upon working hours.

4.2. Preparation: The Client is responsible for removing or securing all valuables, delicate items, furniture, wall hangings, and other personal property from the work area before the Start Date. The Contractor will take reasonable precautions to protect property, but is not responsible for items not removed by the Client.

4.3. Disclosure of Hazards: The Client must inform the Contractor of any known or suspected hazards, including but not limited to lead paint, asbestos, or pest infestations, that may affect the safety or execution of the Services.

4.4. Working Environment: The Client must ensure a safe working environment, including securing all pets and keeping children away from the work area during the Services.

 

5. Delays, Weather, and Unforeseen Conditions

 

5.1. Scheduling: All project timelines and completion dates are estimates. The Contractor will work diligently to adhere to the schedule, but is not liable for delays caused by:

• Inclement weather (especially for exterior work).

• Unavailability of materials, specific paint colors, or necessary subcontractors.

• Client-requested changes or delays in Client preparation.

• Acts of God, government actions, or other circumstances beyond the Contractor's reasonable control.

5.2. Pre-Existing Conditions: The Contractor is not responsible for damage caused by pre-existing conditions, faulty surfaces, structural defects, or improper prior maintenance that become visible or aggravated during the painting or preparation process.

 

6. Warranty and Final Acceptance

 

6.1. Limited Warranty: The Contractor warrants that all Services will be performed in a professional manner and in accordance with accepted industry standards for a period of two (2) years from the date of completion. This warranty covers peeling and blistering directly due to faulty workmanship or application.

6.2. Warranty Exclusions: This limited warranty does NOT cover:

• Damage due to physical abuse, structural defects, settlement, or moisture intrusion.

• Fading or normal wear and tear of the paint or finish.

• Surfaces painted with materials not recommended by the Contractor.

• Areas where the Contractor's work was obstructed or where surface defects were not fully corrected due to the Client's instruction.

6.3. Final Inspection: Upon substantial completion of the Services, the Client shall conduct a final walk-through and inspection with the Contractor. The Client must provide written notice of any deficiencies within three (3) days of the final inspection. Payment of the final balance constitutes acceptance of the Services as complete and satisfactory, subject only to the limited warranty.

 

7. Indemnification and Governing Law

 

7.1. Indemnification: The Client agrees to indemnify, defend, and hold harmless Illinois Pro Painters from and against any claims, damages, liabilities, and expenses arising out of the Client’s breach of this Agreement or the Client’s negligence or willful misconduct.

7.2. Independent Contractor: The Contractor is acting as an independent contractor, and nothing in this Agreement shall be construed as creating an employer-employee, partnership, or joint venture relationship.

7.3. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

7.4. Dispute Resolution: Any dispute arising under this Agreement shall first be submitted to good faith negotiation between the parties. If the dispute cannot be resolved through negotiation, the parties agree to seek resolution through non-binding mediation in Antioch, Illinois.

 

8. Termination

 

8.1. By Contractor: The Contractor may terminate this Agreement immediately upon written notice if the Client fails to make a scheduled payment within three (3) days of the due date or if the Client commits a material breach of this Agreement.

8.2. Termination Payment: If the Agreement is terminated by the Contractor due to the Client's breach, the Client shall be liable for payment for all Services performed up to the termination date, plus a reasonable profit and all direct costs incurred for materials and subcontractors.