TERMS & CONDITIONS

Welcome to NewburghPainter.com. By using our services, you agree to the following:

1^st Patriot Enterprising LLC

Terms and Conditions of Sales and Service 

(Version:  August 25, 2023)

1. Definitions:
   1. “Agreement” means the Agreement for work to be performed entered into by and between 1^st Patriot and Client.
   2. “1^st Patriot” means 1^st Patriot Enterprising LLC, an Indiana limited liability company.
   3. “Client” means 1^st Patriot’s customer identified in the Agreement.
   4. “Products” shall mean any goods sold by 1^st Patriot to Client pursuant to or connected with an Agreement.
   5. “Services” means the services to be provided by 1st Patriot to Client pursuant to the Agreement.
   6. “Terms” means these Terms and Conditions of Sales and Service. 
2. Acceptance of Terms and Controlling Conditions: The Agreement, which these Terms are incorporated into and made a part of, constitutes the complete and final agreement of 1st Patriot and Client unless otherwise provided in a writing signed by an authorized representative of 1st Patriot, and no terms or conditions in any way modifying the provisions herein shall be binding on 1st Patriot.  The Agreement is made only upon the express condition that these Terms govern.  1st Patriot’s failure to object to provisions contained in any communication from Client is not a waiver or modification of these Terms.  If Client objects to any of provision of these Terms, any proposals to delete, modify, or replace said provision(s) must be communicated in writing to 1st Patriot and accepted in writing by 1st Patriot prior to commencement of performance by 1st Patriot.
3. Payment Terms:  Unless provided otherwise in writing by 1st Patriot, payment shall be net five (5) days from date of completion of the project, subject to such change as 1st Patriot in its sole judgment, may impose because of Client’s financial or credit conditions existing at or after the time Services are performed by 1st Patriot or that 1st Patriot delivers the Products. 
4. Latent or Differing Conditions:  The cost for the Services is based upon Client’s representations regarding the conditions and properties of the land and structure upon which the Services will be rendered by 1st Patriot.  In the event that 1st Patriot discovers, after the execution of the Agreement, a latent condition or that such conditions/properties differ from that represented by Client, 1st Patriot shall communicate to Client any increases in 1st Patriot’s cost for the Services that results from the discovery of said latent or other differing conditions.  In the event that Client and 1st Patriot are unable to agree to said increased costs, 1st Patriot shall be entitled to terminate the Agreement without penalty, and in such event, Client shall be responsible for paying 1st Patriot for all Products and Services provided to Client by 1st Patriot as of the date of termination.
5. Termination by Client: The Agreement, or any Services to be provided thereunder, may be cancelled by Client only with prior notice received by 1st Patriot at least twenty-four (24) hours in advance, and only upon the acknowledgement of 1st Patriot.  In the event of such cancellation, Client shall be responsible for all costs and expenses specifically incurred by 1st Patriot in anticipation of, reliance on, and preparation to perform the Agreement.
6. Termination by 1st Patriot:  If Client fails to make payments in accordance with the Agreement, or fails to comply with any other provision of the Agreement, or if circumstances beyond 1st Patriot’s reasonable control dictate that 1st Patriot will not be able to perform the Agreement as anticipated, 1st Patriot may cancel the Agreement, in which event Client will remain  responsible for all costs and expenses specifically incurred by 1st Patriot in anticipation of, reliance on, and preparation to perform the Agreement. 
7. Service Dates.  All dates provided by 1st Patriot shall be construed as estimates, and time is not of the essence of the Agreement.
8. Limited Warranty:  Regarding Products, 1st Patriot agrees to pass through to Client any warranties offered by the manufacturer of said Products.  Regarding Services, 1st Patriot warrants that the Services will be provided in a good and workmanlike manner.   Client agrees to notify 1st Patriot within seven (7) days of the discovery of any defective Service and to allow 1st Patriot seven (7) days to respond.  Client agrees to allow 1st Patriot access to the property to evaluate these items before any corrective action is taken.  Client agrees and understands that any repairs or corrective action taken without consultation with 1st Patriot relieves 1st Patriot of any all liability.

EXCLUSION OF OTHER WARRANTIES:

THE WARRANTIES DESCRIBED HEREIN SHALL BE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SHALL BE IN LIEU OF ALL OTHER OBLIGATIONS AND LIABILITIES, INCLUDING NEGLIGENCE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF SERVICES, OR THE SALE OR FURNISHING OF PRODUCTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION AND OPERATION.

• Limitation of Remedies:  Client’s sole and exclusive remedy against 1st Patriot for non-conforming Services shall be for corrective work by 1st Patriot or for the refund of payments made by Client to 1st Patriot pursuant to the Agreement, at 1^st Patriot’s sole and absolute choice.  The sole purpose of this stipulated exclusive remedy provision shall be to provide the Client with free corrective work and/or for refund of payments as provided for in the preceding sentence.  This exclusive remedy shall not fail for its essential purpose so long as 1st Patriot is willing and able to perform corrective work  or refund payments as provided in this Section.   Client agrees that no other remedy, including, but not limited to, the right to reject or revoke acceptance of the Products and Services, incidental or consequential damages for lost profits, lost sales, loss of production, injury to person, damage to property, or any other incidental or consequential loss shall be available to it and 1st Patriot shall not be liable for such incidental or consequential damages.  Client’s sole and exclusive remedy for defective or nonconforming Products shall be the remedy(ies), if any, offered by the manufacturer of said Product, and 1st Patriot shall have no liability therefore.    
• Governing Law: These Terms and Conditions are governed by the law of Indiana.  All actions hereunder must be brought in the state courts situated in Warrick County, Indiana. 
• Attorneys Fees: Client agrees to pay 1st Patriot’s reasonable attorney fees, costs and expenses for any legal action undertaken by 1st Patriot to enforce the Agreement or these Terms.
• Severability:  If any part of these Terms and Conditions are held to be invalid or unenforceable, all other of Terms and Conditions shall nevertheless continue in full force and effect.
• Errors:  Any and all typographical or other clerical errors made by 1st Patriot herein are subject to correction by 1st Patriot.