1. Agreement
These Terms of Service ("Terms") govern all painting and related services provided by J&B Precision Painting ("Company," "we," or "us") to any customer ("you" or "Customer"). By requesting, scheduling, or accepting any services, you agree to these Terms. These Terms apply to all estimates, work orders, and service contracts.
2. SMS Communications
Program description: J&B Precision Painting uses SMS messaging to communicate with customers and prospective customers regarding quote requests, appointment scheduling, project updates, invoicing, and follow-up inquiries. We may also send occasional promotional messages to customers who have separately opted in to marketing communications.
- You can cancel the SMS service at any time. Simply text STOP to opt out. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially and we will resume sending SMS messages to you.
- If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected] or 737-297-2422.
- Carriers are not liable for delayed or undelivered messages.
- Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your project status and communication preferences. For questions about your text plan or data plan, contact your wireless provider.
- This SMS program is intended for individuals 18 years of age or older. By providing your phone number and consenting to receive SMS communications, you confirm that you are at least 18 years old.
- For privacy-related inquiries, including how we handle your phone number and SMS opt-in data, please refer to our Privacy Policy.
3. Estimates and Quotes
All written estimates are valid for 30 days from the date of issuance unless otherwise noted. Estimates are based on visible conditions at the time of inspection. If hidden conditions are discovered during work (e.g., rot, water damage, substrate failure), we will notify you promptly and provide a revised estimate before proceeding. Verbal estimates are not binding; only written, signed estimates constitute an offer.
4. Payments and Deposits
Deposit: A deposit of up to 50% of the total project cost may be required before work begins. Deposits are applied to your final invoice.
Progress Payments: For projects exceeding $2,500, progress payments may be required at agreed milestones.
Final Payment: Final payment is due upon substantial completion of the work, before our crew vacates the property.
Late Payments: Balances not paid within 10 days of completion are subject to a 1.5% monthly finance charge. We reserve the right to pursue collection, including all costs of collection and reasonable attorney's fees.
Returned Payments: A $35 fee applies to returned checks or failed ACH transfers.
5. Texas Mechanic's Lien Notice
6. Scope of Work and Changes
The scope of work is defined in the signed estimate or work order. Any changes, additions, or scope modifications must be agreed to in writing via a signed change order before additional work proceeds. Verbal authorizations for additional work are not binding on the Company. Change orders may adjust the contract price and schedule.
7. Customer Responsibilities
You agree to:
- Provide safe and timely access to the work area during scheduled hours.
- Remove or protect personal property, valuables, and furnishings in the work area prior to our arrival. All reasonable care will be given to care for items but we are not responsible for items left in the work area.
- Ensure pets and children are kept away from the work area during and immediately after work for safety reasons.
- Disclose known hazards, including lead paint (pre-1978 structures), asbestos, or other environmental conditions.
- Obtain any HOA approvals or permits required for exterior work prior to scheduling.
Failure to meet these responsibilities may result in schedule delays or additional charges.
8. Lead Paint and Environmental Disclosure
If your property was built before 1978, federal law (EPA RRP Rule, 40 CFR Part 745) requires us to follow specific lead-safe work practices. We are EPA RRP-certified (or will use a certified firm for covered projects). You agree to disclose any known lead paint conditions. Additional charges may apply for lead-safe work practices and disposal.
9. Warranty
Workmanship: We warrant our workmanship for one (1) year from the date of completion. This covers peeling, flaking, or adhesion failures caused by improper application. This warranty does not cover: normal wear and tear; damage caused by weather events, moisture intrusion, or substrate movement; or conditions caused by prior paint, underlying surface defects, or Customer failure to maintain the painted surfaces.
Materials: Paint and materials are covered by the applicable manufacturer's warranty. We will assist in warranty claims but are not responsible for manufacturer defects beyond our workmanship warranty.
Warranty Service: Warranty claims must be submitted in writing within the warranty period. We will inspect and, if covered, remedy the defect within a reasonable time at no charge.
10. Limitation of Liability
To the fullest extent permitted by Texas law, our total liability for any claim arising from our services shall not exceed the total amount paid by you for the specific work giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost use or lost profits. Nothing in these Terms limits liability for gross negligence or intentional misconduct.
11. Insurance
J&B Precision Painting maintains general liability insurance and workers' compensation coverage as required by Texas law. Certificates of insurance are available upon written request. We are not responsible for pre-existing property damage or conditions unrelated to our work.
12. Scheduling, Delays, and Cancellations
We will make reasonable efforts to complete work within the estimated schedule. We are not liable for delays caused by weather, material shortages, Customer-caused delays, or other conditions outside our control. If you cancel a scheduled job less than 48 hours before the start date, we may retain up to 15% of the deposit to cover scheduling and mobilization costs. Projects cancelled after work has begun will be billed for all work completed plus reasonable demobilization costs.
13. Dispute Resolution
We prefer to resolve disputes directly and professionally. If a dispute cannot be resolved informally, the parties agree to mediation before initiating litigation. If mediation fails, disputes shall be resolved in the state or federal courts located in Travis County, Texas. Texas law governs these Terms. The prevailing party in any litigation is entitled to reasonable attorney's fees and costs.
14. Independent Contractor
J&B Precision Painting is an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between us and you.
15. Entire Agreement
These Terms, together with any signed estimate, change order, or service contract, constitute the entire agreement between the parties regarding our services. Any prior verbal agreements are superseded. These Terms may only be modified in a signed writing.