MSC Floors Terms & Conditions

Purchaser’s / Customer’s acceptance of this Estimate and the work to be performed described herein constitutes an acknowledgement and full acceptance of MSC (Michigan Specialty Coatings, Inc) following terms and conditions:

MSC TERMS & CONDITIONS

(Industrial Painting & Coatings Work)

Purchaser’s / Customer’s acceptance of this Estimate and the work to be performed described herein constitutes an acknowledgement and full acceptance of MSC (Michigan Specialty Coatings, Inc.) following terms and conditions:

I. Materials, Application and Market Cost Increase

(i) Material requirements and coating application shall be performed in accordance with manufacturer specifications and accepted industry standards.

(ii) MSC is not responsible for market cost increases due to supply chain disruptions, material shortages, manufacturer rate increases, tariffs, or regulatory impacts. Customer will have the option to approve a Change Order reflecting adjusted pricing or accept alternate coating systems that may reduce costs.

II. Site Conditions & Requirements

(i) MSC will maintain responsible supervision to control proper execution and completion of all work. Customer shall provide secure storage space for materials, adequate electrical service, water (if required), finish lighting, safe access to all work areas, dumpster for debris disposal, and uninterrupted access to the project site.

(ii) Customer shall maintain environmental conditions suitable for coating installation including temperature, humidity, ventilation, and protection from weather or contamination throughout application and curing.

(iii) Customer shall ensure work areas are clean, accessible, and free of obstructions including equipment, inventory, and stored materials unless otherwise disclosed in writing. Additional charges may apply for working around obstructions.

(iv) No other trades shall perform work within the active coating area during project execution unless coordinated with MSC. Customer shall protect completed work from damage caused by its personnel or subsequent contractors.

(v) Certain coating systems, solvents, preparation methods, or blasting activities may generate dust, debris, overspray, fumes, and odor. Customer is responsible for protecting sensitive equipment, products, or materials from contamination. MSC assumes no responsibility for damage to unprotected items.

III. Access, Scaffolding & Work Sequencing

(i) Unless specifically included in the proposal, Customer shall provide safe and adequate access to all work areas including scaffolding, lifts, swing stages, fall protection systems, and structural tie-off engineering.

(ii) Pricing and schedule are based upon reasonable work continuity. If production operations, restricted work hours, traffic, or phased access reduce efficiency or require resequencing of work, MSC reserves the right to adjust pricing and schedule through a Change Order.

(iii) Standby time resulting from Customer delays, access limitations, coordination issues with other trades, or operational constraints shall be billable.

IV. Surface Conditions & Corrosion Assumptions

(i) Surface preparation scope and pricing are based upon visible and reasonably anticipated conditions at the time of bid.

(ii) MSC is not responsible for hidden corrosion, coating delamination, structural deterioration, substrate contamination, or defects not reasonably identifiable during inspection.

(iii) Discovery of additional corrosion, pitting, scale, coating failure, or substrate degradation requiring increased preparation, repair, or coating system modification shall be treated as extra work subject to Change Order approval.

(iv) Variations in coating appearance including gloss level, texture, color shading, or overspray boundaries are inherent to industrial coating processes and shall not be considered defects unless otherwise specified.

(v) Where color selection, coating appearance, or finish quality is material to the scope, Customer shall review and approve physical or digital color samples and, where applicable, mock-up panels prior to full-scale application. Written or signed approval of samples releases MSC from claims related to color, sheen, or appearance consistent with the approved sample.

V. Hazardous Materials & Environmental Conditions

(i) MSC will collect and dispose of non-hazardous job-related debris into Customer-provided containers. Hazardous waste generated from industrial processes or pre-existing site conditions remains the responsibility of the Owner unless otherwise specified.

(ii) MSC is not responsible for identification, detection, abatement, encapsulation, or removal of hazardous materials including but not limited to asbestos, lead-containing coatings, chemical contamination, or regulated environmental hazards.

(iii) If hazardous materials or unsafe conditions are encountered, MSC reserves the right to suspend work until such conditions are corrected. MSC shall receive schedule extensions and compensation for costs associated with resulting delays.

(iv) Where abrasive blasting or specialized containment is required, disposal of resulting waste shall be the responsibility of the Owner unless otherwise included in the proposal.

VI. Change Order Process

(i) Any deviation from the original scope of work, materials, schedule, site conditions, or access requirements shall be documented through a written Change Order prior to commencement of additional work.

(ii) Change Orders must be submitted in writing by MSC and approved in writing by Customer prior to execution. MSC reserves the right to pause work on affected scope pending Customer approval.

(iii) Customer shall provide a written response to any submitted Change Order within five (5) business days. Absent written approval within this period, MSC shall not be authorized to proceed on the changed scope.

(iv) All approved Change Orders are subject to the same payment and cancellation terms as the original agreement. Verbal authorizations are not binding on MSC.

(v) In the event of emergency or time-sensitive field conditions requiring immediate action, MSC may proceed with corrective work and shall document scope and cost in writing within two (2) business days. Customer shall execute the corresponding Change Order upon receipt.

VII. Representations

(i) Safety Standards: All work practices, materials, and equipment shall comply with Customer safety requirements or MSC safety standards, whichever is greater.

(ii) OSHA Compliance: MSC shall comply with applicable OSHA regulations.

(iii) Workmen’s Compensation: MSC personnel are fully covered by Workmen’s Compensation Insurance.

(iv) Equal Employment Opportunity Compliance: MSC operates in compliance with applicable federal and state laws.

(v) Mutual Indemnification: Each party shall indemnify, defend, and hold harmless the other party from and against any claims, damages, losses, and expenses, including reasonable attorney fees, arising out of or resulting from the indemnifying party’s own negligence, willful misconduct, or failure to comply with applicable law. This indemnification shall not be construed to expand either party’s liability beyond what is expressly permitted under this agreement.

(vi) Photo & Portfolio Rights: MSC reserves the right to photograph and document completed work for internal records, marketing, and portfolio use. Images depicting Customer’s facility will not include identifying information without prior written consent from Customer.

VIII. Debris Removal

Upon completion of work, MSC will remove job-related materials, equipment, and debris from the immediate work area and leave the work area in clean and orderly condition consistent with normal industrial standards.

IX. Tax, Terms & Commercial Conditions

(i) Applicable taxes shall be applied per governing regulations.

(ii) Deviations from the work plan, schedule, materials, environmental assumptions, containment requirements, or access conditions are subject to additional charges.

(iii) Limits of Liability: The warranties and obligations stated herein are in lieu of all other liabilities including consequential damages arising from MSC performance under this agreement.

(iv) Force Majeure: MSC assumes no responsibility for delays or costs due to weather, natural disaster, labor disputes, regulatory action, facility shutdowns, or events beyond its control.

(v) Cancellation: If Customer cancels this agreement prior to completion for reasons other than MSC non-performance, all accrued charges become immediately due.

(a) Cancellation fee not less than 25% of contract amount.

(b) Cancellation within seven (7) days of mobilization may incur rescheduling fee not less than 10% of the contract amount.

(c) Cancellation within three (3) days of commencement may incur a fee not less than 50% of the contract amount.

(vi) Final Acceptance: Upon substantial completion of work, MSC shall provide written notice to Customer. Customer shall have fifteen (15) days from the date of such notice to submit written objections or a punch list. Failure to provide written objection within this period shall constitute Customer’s acceptance of the work as complete and shall release MSC from claims related to workmanship, appearance, or scope compliance.

(vii) Mechanic’s Lien Reservation: MSC expressly reserves all rights to file a mechanic’s lien, materialman’s lien, or other statutory lien against the subject property in the event of non-payment. Nothing in this agreement shall be construed as a waiver of MSC’s lien rights under applicable state law.

(viii) Entire Agreement: This agreement supersedes all prior communications and may only be modified in writing signed by both parties.

(ix) Payment Agreement: Non-payment may result in referral to a collection agency or attorney. Customer agrees to pay all associated costs of collection including attorney fees and court costs.

(x) Late Payment: Interest shall accrue on overdue balances at the rate of 1.5% per month, or the maximum legal rate permitted by applicable law, whichever is lesser.