TERMS OF SERVICE AND SPECIAL INSTRUCTIONS
Payment
You shall pay 50% of the total amount listed above immediately upon acceptance. The remaining balance
will be due upon substantial completion of the work (meaning the primary scope is complete and ready for
use, pending any minor punch list items), unless otherwise agreed to in writing and signed by both
parties. Cash, Check, Visa, MasterCard, American Express, and Discover are accepted with no
processing fees. This quote is valid for 30 days from the date listed above. Any contract exceeding
$2,000 requires management approval.
Delinquent Accounts and Suspension of Work
SSE reserves the right to suspend work without notice if payments are not made as agreed. Past-due
invoices shall incur interest at a rate of 10% per annum. If payment is not received within 10 days of its
due date, SSE may halt ongoing or future services until payment is brought current.
Warranties
- Stain & Seal Experts (SSE) provides a Lifetime Workmanship Warranty on all projects unless
otherwise noted. This Lifetime Workmanship Warranty is further described in SSE’s abbreviated
warranty information sheet, which will be provided to the customer. SSE exclusively uses
EXPERTTM Stain and Seal Professional Wood Care Products. All stains and coatings will be
warranted by their respective manufacturers. There is no warranty on clear coats. - SSE’s proof-of-warranty fence sign (4″x6″) will be placed on all projects upon completion.
- Final appearance of the stain may vary due to elements out of our control, such as the type of
wood, wood grain density, previous stains used, water damage, age or graying of the wood, and
other natural variables. Product warranties apply to new wood structures or re-coats only and
guarantee no peeling, cracking, or excessive fading of the product or mold/mildew growth. Some
color fading is expected over the life of the stain. The warranty does not cover, and SSE is not
responsible for, normal fading or damage caused by floods, pets, BBQs, fire pits, planters,
chemicals, weed eaters, hail, storms, sprinklers, acts of God, or acts of third parties. To maintain
valid warranties, the customer must properly clean and maintain all fencing and decking in
accordance with SSE’s recommendations.
Warranty Limitations. This workmanship warranty covers defects in surface preparation and application
methods performed by SSE. It does not cover product failure caused by substrate defects, excessive
moisture, standing water, natural wood movement, water intrusion from other sources, neglect, improper
maintenance, or misuse. All product warranties are offered and governed by the product manufacturers.
Customers are responsible for adhering to maintenance requirements to preserve any product or
workmanship warranties.
Professional Responsibilities
In performing the services, SSE will:
- Take precautions to protect all vegetation, pools, concrete, structures, vehicles, and surrounding
areas. A small amount of stain on the grass around the perimeter of the fence or deck is to be expected. SSE is not responsible for damage to plants, shrubs, bushes, or other foliage located in close proximity to the work areas. - Complete the installation in a workmanlike manner and will not start, conduct, alter, or finish stain
application except in accordance with applicable law. - SSE yard signs will be placed in the client’s front yard on the day work begins.
Customer Responsibilities
- Sprinklers must be turned off at least 24 hours before stain application and must remain off for at
least 24 hours afterward. - If your property is subject to any easements, covenants, or legal encumbrances that could affect
installation, you agree to notify SSE before any work begins. - You are responsible for ensuring the work area is free from preexisting hazards, including unsafe
physical conditions, environmental hazards, or building and zoning code violations. - You must provide power and water to the work area.
- The customer warrants that the job site will be ready for work to begin on the scheduled start
date. All cleanup, moving of personal property from or near fences or decks (such as furniture,
lighting, décor, etc.), or any other necessary preparation work is the customer’s responsibility. You
also agree to detach and reattach anything mounted on your fence, such as ornaments, vines, or
lattice. Any cleanup or preparation work performed by SSE will be billed to the customer. - The customer must remove all animal feces or waste, including but not limited to dog feces, from
the work area and any access routes before work begins. If animal waste is present or if SSE
equipment becomes soiled, SSE may charge an additional $100.00 cleaning fee. - You will also provide free and unobstructed access through your property or adjacent property for
SSE’s equipment, materials, and employees to complete the work. SSE is not responsible for
damage to any materials or property located in or below the path of access provided, including
but not limited to landscaping, irrigation, drains, sewer, telephone, gas, cable, or electrical lines. If
you authorize access through a neighboring property, you are responsible for obtaining
permission from the adjacent property owner. You agree to indemnify and hold SSE harmless
from any claims or liabilities resulting from use of such access, except in cases of gross
negligence or willful misconduct by SSE or its agents, employees, or subcontractors. - Customer agrees to defend and hold SSE, its employees, affiliates, and subcontractors harmless
from any claims, legal actions, damages, or losses resulting from: (i) data or content provided by
the Customer violating intellectual property or privacy laws; (ii) personal injury or property
damage caused by Customer, its affiliates, or representatives; (iii) breaches of contract,
representations, or warranties by the Customer or their agents. - Newly stained wood surfaces, particularly deck floors, may become slippery when wet due to rain
or dew. You agree to take appropriate caution when walking on newly stained surfaces and to
hold SSE harmless from any injuries or damages that may result from such conditions. - You also agree to cooperate with SSE, its contractors, employees, and subcontractors in the
completion of services.
Change Orders
At your request, SSE may arrange to perform additional work, subject to a written change order signed by both parties. Change orders may be subject to additional charges payable to SSE. Any changes to the project scope, such as substitution of materials or an expansion of the original work plan, require written
agreement prior to commencement. Additionally, if SSE discovers previously undisclosed legal restrictions, code violations, or physical site conditions such as exotic plants, inaccessible areas, or retaining walls, SSE may request a change order or discontinue work without further obligation. If the customer declines a change order request, they may terminate the agreement but must pay for all work performed and materials used up to that point.
Long-Term Maintenance
Penetrating oil-based stains are formulated to soak deeply into wood and naturally fade over time without
peeling, cracking, or chipping. Maintenance coats can be applied without removing the existing finish,
making them easy to maintain. Fences and decks should be cleaned annually with EXPERT Eco-Cleaner
to remove dirt, debris, and organic buildup. Maintenance coats of stain should be applied every 2–3 years
for transparent and semi-transparent colors, and every 3–5 years for semi-solid colors. Horizontal
surfaces on decks should be maintained every 2 years, with railings maintained every 3–4 years. Clear
finishes and hardwood decking require annual or bi annual maintenance. Ask us about our long-term
maintenance plans for worry-free protection.
Insurance and Liability
- Stain & Seal Experts maintains all legally required licenses, liability insurance, commercial auto,
and workers’ compensation coverage for its employees and contractors. Customer acknowledges
that SSE is a properly insured contractor authorized to perform the services described. - SSE is not responsible for any existing structural issues, code violations, or hidden defects
present before work begins. SSE will not be liable for any damage caused by acts of third parties,
animals, weather events, or circumstances outside its control. - Customer agrees to release and hold harmless SSE and its representatives from liability for any
injury, damage, or loss occurring as a result of conditions not caused by SSE, including but not
limited to access. - In no event shall SSE, its employees, or subcontractors be held liable for any indirect, incidental,
special, economic, or consequential damages including lost profits, business interruption, or
property damage. SSE’s total liability shall not exceed the amount the Customer paid within the
three (3) months prior to the claim.
Delays and Weather
SSE will make every reasonable effort to complete the work on time; however, weather conditions,
material availability, or other unforeseen delays may impact the schedule. Customer understands and
agrees that delays caused by weather or events outside SSE’s control will not be considered a breach of
contract.
Force Majeure
SSE shall not be held responsible for delays or failure to perform services due to causes beyond its
reasonable control, including but not limited to acts of God, fire, flood, storms, civil unrest, terrorism, labor
disputes, or material shortages.
Mold and Organic Growth Disclaimer
SSE uses professional-grade cleaners and stain products, but cannot guarantee the permanent removal
or prevention of mold, algae, or other organic growth. Environmental conditions, shade, and moisture
retention can all contribute to regrowth. Routine cleaning and maintenance are required to preserve wood
appearance.
Color and Finish Variations
Customer acknowledges that stain color and final appearance may vary due to natural characteristics of
wood, previous treatments, moisture content, and age. Sample colors shown may not represent final
results. SSE will apply products using industry best practices but does not guarantee an exact color
match.
Photographs and Marketing Use
Customer grants SSE permission to take before-and-after photos of the project and use those images for
marketing purposes, including on websites, social media, printed materials, and advertisements. No
identifying information (address, names) will be shared without written consent.
Notice and Opportunity to Cure
Before either party initiates any legal action or formal complaint related to this agreement, they agree to
provide written notice of the issue and allow the other party a reasonable opportunity—no less than fifteen
(15) calendar days—to cure or resolve the concern in good faith.
Attorney’s Fees and Dispute Resolution
In the event of a dispute, both parties agree to make reasonable efforts to resolve the matter through
direct negotiation or mediation before pursuing legal action. If legal action is required to enforce this
agreement, the prevailing party will be entitled to recover reasonable attorney’s fees and court costs.
Three-Day Right to Cancel
You have the right to cancel this agreement within three business days of acceptance by sending written
notice (email, mail, or hand-delivery) to SSE’s business address. Cancellation must be received by
midnight on the third business day following acceptance. SSE will refund any amount paid, less the value
of work already performed and any custom materials purchased, within ten business days of receiving the
cancellation notice.
Additional Terms and Conditions
This proposal is subject to the full set of terms and conditions available at [insert website link] and is
incorporated herein by reference. By signing this proposal, you acknowledge that you have read,
understood, and agreed to all additional terms. These terms may be updated by SSE from time to time.
Continued use of SSE’s services after such changes constitutes your agreement to the revised terms.
Entire Agreement
This agreement, including any written Proposals and referenced documents, represents the entire
understanding between the parties. No verbal agreements, promises, or understandings shall be binding
unless in writing and signed by both parties.
Assignment Restrictions
Customer may not assign or transfer this agreement, in whole or in part, without the prior written consent
of SSE.
Security Interest and Right to File Lien
If the Customer fails to make payments in accordance with this agreement, SSE reserves the right to file
a lien or security interest against the serviced property. Customer understands that such liens may affect
title or resale of the property until payment is resolved. SSE may charge a lien processing fee of $400.00,
and any unpaid balances shall accrue interest at a rate of 10% per annum from the date of substantial
completion.
Survival Clause. Any provisions of this agreement that by their nature are intended to survive termination
(such as indemnification, liability limitations, and payment obligations) shall remain in effect after
termination.
No Waiver
The failure of SSE to enforce any right or provision of this agreement shall not constitute a waiver of that
right or provision. Any waiver must be in writing and signed by an authorized representative of SSE. No
waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
Termination for Cause
Either party may terminate this agreement upon a material breach by the other party. The breaching party
shall have thirty (30) days to cure after written notice, unless the breach is non-payment, in which case
the customer has five (5) days. If the breach requires more than 30 days to cure, the party must begin
remedying it in that period and pursue resolution diligently.
Termination for Insolvency
Either party may terminate if the other ceases operations or files for bankruptcy. In the case of involuntary
bankruptcy, the affected party has 60 days to dismiss the petition.
Termination for Convenience
SSE may terminate this agreement without cause by providing 30 days’ written notice.
How to Accept
To accept this quote and authorize work to begin, please contact us via phone or email using the contact
information listed on the first page of this proposal.
Thank you for your business. We look forward to serving you.
