AP Fauxs & Plasters Commercial & Residential Contract for Services

This document serves as a binding agreement between the property owner/manager/contractor, hereby identified as “Client/s,” and AP Fauxs & Plasters and its owners & employees, for the execution of services in exchange for payment for the offered  services.

JOB SPECIFICATIONS:

• Inspect all surfaces to be finished.
• Prep any areas needed.
• Create finish.
• Final inspection and discrepancies must be made within 24 hours of completion.
• Touch up any areas. 
• Detailed clean up.
• Project to be started and completed in a timely fashion every business day after start date.

DECORATIVE PLASTER NOTE:

Decorative plaster cannot be used to hide surface blemishes or to cover construction errors. If contaminants remain on or in the surface, discoloration of the plaster could occur. Older or weathered subsurfaces that are frequently exposed to runoff, dripping water, intense sun or salt air exposure may lack the ingredients necessary for reaction with the decorative plaster. Plaster from different batches or loads and in patched areas may appear significantly different in color from that in adjacent areas.  The wear resistance and durability of the decorative plaster is dependent on the strength and abrasion resistance of the surface to which applied. Decorative plaster surfaces subject to showers, pedestrian and vehicular traffic will require periodic maintenance and reapplication of a sealer or clear coat. Client understands with all faux finishes, decorative plaster and concrete stains “movement” and “areas of interest” are usual.

CONCRETE STAIN NOTE:

Concrete stains cannot always be used to hide surface blemishes or to cover construction errors. If contaminants remain on or in the surface, discoloration of the stain could occur. Older or weathered subsurfaces that are frequently exposed to runoff, dripping water, intense sun or salt air exposure may lack the ingredients necessary for reaction with the stain. Concrete from different batches or loads and in patched areas may appear significantly different in color from that in adjacent areas.  The wear resistance and durability of the stain is dependent on the strength and abrasion resistance of the surface to which applied. Stained surfaces subject to showers, pedestrian and vehicular traffic will require periodic maintenance and reapplication of a sealer or clear coat. Client understands with all faux finishes, decorative plaster and concrete stains “movement” and “areas of interest” are usual.

 STANDARDS OF OPERATION**

1. BILLING AND PAYMENT. MARGARETTE JOHANNES* SHALL RECEIVE 80% OF PROJECT TOTAL BEFORE TRAVEL OR UPON PROJECT INITIATION, WHICHEVER COMES FIRST. 16.66% OF THE REMAINING PROJECT PRICE IS DUE 1/3 AND 2/3 THROUGH THE PROJECT. REMAINING IS DUE IMMEDIATELY UPON COMPLETION. MARGARETTE JOHANNES* SHALL ISSUE A FINAL INVOICE FOR ALL BALANCES WITHIN COMPLETION OF A JOB. FINAL PAYMENT SHALL BE DUE IMMEDIATELY UPON SUBMISSION OF FINAL INVOICE. ALL LATE PAYMENTS SHALL BE CHARGED INTEREST COMPUTED ON A DAILY BASIS UNTIL PAID IN FULL AT THE RATE OF ONE.FIVE PERCENT (1.5%) PER MONTH. IN THE EVENT CLIENT DEFAULTS UNDER THE PAYMENT TERMS OF THIS AGREEMENT, CLIENT SHALL BE RESPONSIBLE TO MARGARETTE JOHANNES* FOR ALL COSTS INCURRED IN THE COLLECTION FO THE AMOUNTS DUE INCLUDING, BUT NOT LIMITED TO COSTS, TRAVEL COSTS, INTEREST AND ATTORNEY FEES.

2. CANCELLATIONS. IF THE CLIENT, AFTER APPROVING ANY PROPOSALS, CANCELS ALL OR ANY PART OF A PROJECT THEREOF, THE CLIENT SHALL PAY FOR ALL RELATED COSTS INCURRED TO THE DATE OF CANCELLATION AND ANY UNAVOIDABLE COSTS INCURRED THEREAFTER, INCLUDING ANY NONREFUNDABLE DEPOSITS AND NON-CANCELABLE COMMITMENTS FOR TRAVEL. IN THE EVENT THE CLIENT CANCELS A PROJECT IN ENTIRETY, THE CLIENT SHALL BE RESPONSIBLE FOR THE GREATER OF THE ACTUAL COSTS INCURRED BY MARGARETTE JOHANNES*.

 3. HOLD HARMLESS. MARGARETTE JOHANNES* AGREES TO USE HER BEST EFFORTS TO PREVENT ANY LOSS TO CLIENT FOR THE FAILURE OF PROPER PERFORMANCE BY ANY THIRD PARTY. HOWEVER, MARGARETTE JOHANNES* SHALL NOT BE LIABLE OR RESPONSIBLE TO THE CLIENT FOR ANY SUCH FAILURE. IN ADDITION, MARGARETTE JOHANNES* SHALL BE HELD HARMLESS FOR ANY AND ALL LOSSES, DAMAGE, OR EXPENSE INCURRED BY CLIENT ARISING FROM THE NEGLIGENT OR WILLFUL CONDUCT OF ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO, VENDORS AND SERVICE PROVIDERS (AND THEIR AGENTS, EMPLOYEES, AND REPRESENTATIVES) RETAINED BY MARGARETTE JOHANNES* ON BEHALF OF CLIENT.

 4. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF MARGARETTE JOHANNES* EXCEED THE SUM OF THE CLIENT’S PAYMENTS FOR PRODUCTS AND SERVICES PROVIDED UNDER THE TERMS OF THIS AGREEMENT.

 5. CONTROLLING LAW AND CHOICE OF FORUM. THE VALIDITY, INTERPRETATION, AND PERFORMANCE OF THIS AGREEMENT SHALL BE CONTROLLED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF WHICH THE PROJECT PERFORMED, ANY SUITS, ACTIONS, OR PROCEEDINGS ARISING OUT OF THIS AGREEMENT SHALL BE INSTITUTED IN THE STATE COURTS IN THE COUNTY OF WHERE THE PROJECT WAS PERFORMED.

 6. AP FAUXS & PLASTERS WORK WILL BE DELIVERED TO CLIENT IN A WORKMANLIKE MANNER. ANY REPAIR NECESSARY AFTER INSTALLATION BY AP FAUXS MAY BE PERFORMED AT THE RATE OF $250/HR PER PERSON. AFTER INSTALLATION BY CLIENT AND INSPECTION BY AP. SHOULD THERE BE ANY DAMAGE TO THE WALLS NOT RELATED TO THE WORK OF AP, AP FAUXS & PLASTERS IS NOT RESPONSIBLE AND THE GUARANTEE FOR WORK BECOMES INVALID.

 7. EXTRAORDINARY EXPENSES DUE TO TIMING ISSUES ARE THE RESPONSIBILITY OF THE CLIENT.

 8. THIS CONTRACT SUPER-CEDES ANY PREVIOUS AGREEMENTS MADE WITH AP FAUXS & PLASTERS.

 9. HOMEOWNER/BUSINESS OWNER AGREES TO PHOTOS/VIDEO AND SOCIAL MEDIA PHOTO USAGE. HOMEOWNER/BUSINESS OWNER AGREES TO AP FAUXS YARD SIGNAGE FOR 120 DAYS.

 10. QUOTES VALID FOR 30 DAYS.

*MARGARETTE JOHANNES OR AP FAUXS & PLASTERS.

 **SUBJECT TO AMENDMENT AT ANY TIME BY AP FAUXS & PLASTERS

ALL WORK TO BE PERFORMED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. NET 30 DAY ACCOUNTS ARE NOT HONORED, LATE FEE IS COMPUTED ON A DAILY BASIS UNTIL PAID IN FULL AT THE RATE OF ONE.FIVE PERCENT (1.5%) PER MONTH, 18% PER ANNUM. DELINQUENT PAYMENTS ARE SUBJECT TO COLLECTION AGENCY SERVICES. CREDIT CARD PAYMENTS ARE SUBJECT TO FEES. A RETURNED CHECK FEE IN THE AMOUNT OF $30.00 WILL BE ASSESSED. SAID PARTY AGREES TO PAY ALL ATTORNEY FEES, COURT AND OTHER EXPENSES INCURRED IN THE COLLECTION OF ANY UNPAID SUMS.

CLIENT WILL PAY FOR ANY CHANGES INCURRED FOR TRAVEL ADJUSTMENTS AND CHANGE ORDERS UPFRONT. ANY ALTERATIONS MUST BE APPROVED IN WRITING. MATERIAL PRICES/TAXES SUBJECT TO CHANGE. ELECTRICAL PLATES, TRIM, CEILINGS AND ANY OTHER ITEMS NOT SPELLED OUT IN QUOTE ARE NOT INCLUDED UNLESS SPECIFIED. OVERHEAD WORK IS TWICE THE COST. QUOTES AND LABOR AUTHORIZED BY MARGARETTE, NOT INDEPENDENT OR SUB CONTRACTORS. 

WHILE AP PUTS THE WISHES OF THE CLIENT FIRST, AND STRIVES FOR TOTAL CUSTOMER SATISFACTION, THE ULTIMATE AND FINAL DECISION AS TO WHETHER AN ARTISTIC WORK IS COMPLETED IS UP TO THE ARTIST.

TOUCH UP STARTS @ $250/HR PER PERSON.

ALL CHECKS ARE MADE PAYABLE TO “CASH”

MAILING ADDRESS: 4330 KAI IKENA DRIVE, KALAHEO, HI 96741

W-2/1099 ADDRESS: 970 W. BROADWAY #80, JACKSON, WY 83001.

THANK YOU, MARGARETTE JOHANNES

THE CONTENTS OF THIS PAGE, THE PURCHASE ORDER, AND THE POLICIES HEREIN MEET MY APPROVAL AND, AS AN AUTHORIZED REPRESENTATIVE, I CONFIRM THAT THE ARRANGEMENTS ARE ACCURATE AS OUTLINED.

 AGREEMENT TO TERMS

By accepting an estimate, the Client agrees that all the specifications and conditions are satisfactory and hereby accepted. You authorize the AP Fauxs & Plasters to do the work as specified on the proposal/estimate form. You release the Company from property damage unless damage is caused by gross negligence or willful misconduct.