TERMS AND CONDITIONS

DIONNE PAINTING COMPANY

PAYMENT TERMS

1. Deposit Requirement: Client agrees to pay DIONNE Painting Company one-third (1/3) of the total contract price as a non-refundable deposit upon acceptance of this proposal when materials will be purchased by DIONNE Painting Company.
2. Final Payment: The remaining balance is due in full upon completion of the project or phase. Payment is due immediately upon notification of completion.
3. Grace Period: A grace period of fourteen (14) calendar days may be granted upon written request prior to completion. If approved, a new payment due date will be established as fourteen (14) days from the date of job or phase completion.
4. Late Payment Penalties: A late fee of $25.00 per calendar day will be automatically assessed for any payment not received by the due date or by the end of any approved grace period.
5. Payment Methods: DIONNE Painting Company accepts the following payment methods:
   • Checks or Money Orders (payable to "Dionne Painting Co.")
   • Zelle® electronic payments to [email protected] (No Fee)
   • ACH transfers (No Fee, link available upon request)
6. Returned Payments: A $50.00 fee will be charged for any returned or dishonored payment, plus any applicable late fees that accrue during the resolution period.

SCOPE OF WORK

1. Contract Coverage: This contract exclusively covers those items specifically described in the proposal. Any work not explicitly detailed in this agreement is excluded.
2. Change Orders: Any additional work, modifications to the original scope, or color changes must be documented in a written change order, signed by both parties, before such changes will be implemented.
3. Project Timeline: DIONNE Painting Company will make reasonable efforts to complete the project within the estimated timeframe, but completion dates are not guaranteed and may be affected by weather conditions, material availability, site access limitations, or other factors outside our control.

COLOR AND MATERIAL ACKNOWLEDGEMENTS

1. Color Approval: Client acknowledges that DIONNE Painting Company is not responsible if the client does not like a paint/stain color that the client has approved. All color samples are representative only.
2. Color Variations: Client acknowledges that paint and/or stain colors can vary from sample to sample, batch to batch, and may appear different under various lighting conditions or on different surfaces. Exact color matches cannot be guaranteed.
3. Sample Acceptance: Client's approval of a sample constitutes acceptance of the product color, finish, and appearance. On-site mock-ups can be provided at additional cost if requested before project commencement.
4. Substrate Condition: DIONNE Painting Company is not responsible for poor drywall, wood quality, substrate flaws, or pre-existing conditions that may affect the final appearance of applied finishes and were not readily apparent during the quotation phase. Such issues can be addressed at an additional cost agreed upon in writing.

WORKMANSHIP AND ACCESS

1. Site Preparation: Client will remove personal items, fragile objects, and valuables from work areas before project commencement. DIONNE Painting Company will exercise reasonable care but assumes no liability for items left in work areas.
2. Property Access: Before work commences, Client must provide DIONNE Painting Company with all necessary access information, including but not limited to keys, alarm codes, gate codes, and a list of individuals authorized to be on-site during the project.
3. Work Hours: Unless otherwise specified, work will be performed Monday through Friday between 7:30 AM and 5:00 PM. Weekend or after-hours work may be available at an additional cost.
4. Utilities: Client shall provide, at no cost to DIONNE Painting Company, access to electricity, water, restroom facilities, and adequate parking for crew members during the project.

CLEANUP AND COMPLETION

1. Cleanup Scope: DIONNE Painting Company will remove all debris generated by our work, remove protective coverings, and perform an initial cleaning of the work area upon completion.
2. Post-Completion Dust: Client acknowledges that dust may continue to settle after completion and that minor touchups may be necessary. DIONNE Painting Company will address touch-up requests submitted in writing within seven (7) days after project completion at no additional charge.
3. Final Inspection: Client will conduct a final inspection with a representative from DIONNE Painting Company upon notification of completion. Any items requiring attention must be noted on a punch list at that time.
4. Substantial Completion: Final payment shall not be withheld for minor punch list items that do not substantially affect the use or appearance of the painted/stained areas.

WARRANTIES AND GUARANTEES

1. Workmanship Warranty: DIONNE Painting Company warrants its workmanship for a period of two (2) years from the date of completion against peeling, flaking, or blistering due to improper application.
2. Material Warranty: Manufacturer warranties for materials are limited to those provided by the manufacturer. DIONNE Painting Company will assist Client in processing any valid manufacturer warranty claims.
3. Warranty Exclusions: This warranty does not cover damage caused by acts of nature, structural settling, moisture problems, vandalism, alterations by others, or normal wear and tear.
4. Warranty Claims Process: All warranty claims must be submitted in writing to DIONNE Painting Company within the warranty period and must provide a reasonable opportunity for inspection and correction.

LEGAL PROVISIONS

1. Contract Validity: This proposal is valid for thirty (30) calendar days from the issue date and is subject to renegotiation if not accepted within that timeframe.
2. Extra Work: Client may order changes consisting of additions, deletions, or modifications without invalidating this Agreement, provided that the contract amount and time are adjusted accordingly. Additional work will be charged at an agreed hourly rate plus materials with a 15% markup, or by a mutually agreed lump-sum amount documented in writing before commencement of extra work.
3. Non-Solicitation: Client agrees not to solicit or hire any DIONNE Painting Company employee, subcontractor, or team member to perform work independent of DIONNE Painting Company for a period of two (2) years following completion of this contract for services similar to those provided by DIONNE Painting Company.
4. Dispute Resolution: Any dispute arising from this agreement shall first be addressed through good-faith negotiation. If resolution cannot be reached, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association in Rhode Island.
5. Attorney's Fees: In the event of any dispute requiring legal action to enforce the terms of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
6. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island.
7. Severability: If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

NOTICE OF POSSIBLE MECHANIC'S LIEN

As required by Rhode Island law, DIONNE Painting Company provides the following notice:

The undersigned is about to perform work and/or furnish materials for the construction, erection, alterations, or repair upon the land at the address of the work under contract with you. This notifies that the undersigned and any other persons who provide labor and materials for the improvement under contract with the undersigned may file a mechanic's lien upon the land in the event of nonpayment to them. It is your responsibility to assure yourself that those other persons under contract with the undersigned receive payment for their work performed and materials furnished for the construction, erection, alteration, or repair upon the land. Failure to adhere to the provisions of this subsection may result in a five thousand dollar ($5,000) fine against the contractor. Pursuant to RIGL 5-65-18, all written contracts entered into between a contractor and a property owner must contain a statement that the contractor, subcontractors, or material persons may file a lien in accordance with the Rhode Island Mechanics Lien Act, chapter 28 of title 34.

ACCEPTANCE OF PROPOSAL

I, the digital signee / Client, have read and understand the terms, exclusions, and conditions of this proposal/contract. The prices, specifications, terms, and conditions are satisfactory and are hereby accepted. Instriment LLC DIONNE Painting Company is authorized to perform the work as specified.

Contractor Name: John Dionne Signature: JOHN M DIONNE

Company: InstRIment LLC DBA DIONNE PAINTING CO.

Registration #: GC-46210