Terms & Conditions
Last updated: March 1, 2026
These Terms and Conditions ("Terms") govern your use of the website operated by Sundew Painting South, Inc. ("Sundew Painting," "we," "our," or "us") at sundewpainting.com (the "Site") and your engagement of our painting and related services (the "Services"). By accessing the Site or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or engage our Services.
1. About Our Company
Sundew Painting South, Inc. is a third-generation, family-owned painting contractor originally established in 1948 in Wilmington, Delaware, now headquartered in Harbeson, DE. We provide residential and commercial painting services, including interior and exterior painting, cabinet refinishing, epoxy floor coatings, power washing, staining and sealing, drywall repair, masonry coatings, and wallcovering installation. We serve the Delmarva Peninsula (Delaware and Maryland's Eastern Shore).
2. Use of the Website
You agree to use our Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, or local law or regulation.
- Attempt to gain unauthorized access to any part of the Site, its servers, or any connected systems.
- Use any automated system (including bots, scrapers, or spiders) to access the Site in a manner that sends more requests than a human could reasonably produce.
- Transmit any viruses, malware, or other malicious code through the Site.
- Submit false, misleading, or fraudulent information through our contact or quote forms.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
3. Service Estimates & Quotes
All estimates and quotes provided through our Site, phone, or in-person consultations are subject to the following:
- Non-Binding Estimates: Estimates provided through our online quote form or initial consultations are preliminary and non-binding. A final written proposal will be provided after an on-site inspection of the work area.
- Validity Period: Written proposals are valid for thirty (30) days from the date of issue unless otherwise stated.
- Scope Changes: If additional work is discovered during the project (such as hidden damage, rot, or surface conditions not visible during the initial inspection), we will notify you promptly and provide a revised estimate before proceeding with additional work.
- Price Adjustments: We reserve the right to adjust pricing if material costs change significantly between the date of the estimate and the start of work. Any adjustments will be communicated and agreed upon in advance.
4. Service Agreement & Scheduling
Upon acceptance of a written proposal:
- Authorization: A signed proposal or written authorization (including email confirmation) constitutes your agreement to proceed with the described scope of work at the stated price.
- Scheduling: We will work with you to schedule the project at a mutually convenient time. For commercial projects, we offer flexible scheduling including nights, weekends, and holidays to minimize disruption to your operations.
- Access: You agree to provide reasonable access to the work areas, including adequate space for our crews and equipment. Interior work requires that furniture and personal items be moved away from work areas, or we can arrange this for you.
- Weather Delays: Exterior work is subject to weather conditions. We will reschedule as needed due to rain, extreme temperatures, or high humidity that would affect the quality of the finish. Weather delays do not constitute a breach of these Terms.
5. Payment Terms
- Deposit: A deposit may be required on larger projects prior to the commencement of work, as specified in the written proposal.
- Final Payment: The remaining balance is due upon satisfactory completion of the project and your final walkthrough approval.
- Payment Methods: We accept checks, credit cards, and electronic payment methods as communicated at the time of service.
- Late Payment: Invoices not paid within thirty (30) days of the invoice date may be subject to a late fee of 1.5% per month on the outstanding balance, to the extent permitted by applicable law.
6. Workmanship Warranty
Sundew Painting stands behind the quality of our work:
- Warranty Period: We provide a workmanship warranty for a period specified in your project proposal (typically two years for residential and one year for commercial projects) from the date of project completion.
- Coverage: The warranty covers defects in our workmanship, including peeling, blistering, or flaking caused by improper application. It does not cover damage caused by normal wear and tear, abuse, neglect, structural movement, moisture intrusion from building defects, or third-party modifications.
- Paint Manufacturer Warranty: All paint and coating products are backed by their respective manufacturer's warranty, which is separate from our workmanship warranty. We will provide manufacturer warranty documentation upon request.
- Warranty Claims: To make a warranty claim, contact us at (302) 684-5858 or monica@sundewpainting.com with a description of the issue. We will schedule an inspection within a reasonable timeframe.
7. Cancellation Policy
- Before Work Begins: You may cancel a confirmed project at no charge if written notice is provided at least five (5) business days before the scheduled start date. Any deposit paid will be refunded in full.
- After Work Begins: If you cancel after work has commenced, you will be responsible for payment of all work completed to date, plus the cost of materials already purchased for the project.
- Our Right to Cancel: We reserve the right to decline or cancel a project if unsafe working conditions are present, if the customer engages in abusive or threatening behavior toward our staff, or for other reasonable cause.
8. Limitation of Liability
To the fullest extent permitted by law:
- Our total liability arising out of or related to any project shall not exceed the total amount paid by you for that specific project.
- We shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, loss of business, or cost of substitute services.
- We are not responsible for pre-existing conditions of surfaces, including hidden damage, lead paint, asbestos, mold, or structural defects that are not visible or known at the time of the estimate.
- Color variations between paint samples, digital renderings, and the final applied finish are inherent to the nature of paint products and do not constitute a defect in workmanship.
9. Insurance & Licensing
Sundew Painting South, Inc. is fully licensed and insured. We maintain comprehensive general liability insurance and workers' compensation coverage for all employees. Proof of insurance is available upon request. Our licensing and insurance information is current for all jurisdictions in which we operate, including Delaware, Maryland, and Pennsylvania.
10. Intellectual Property
All content on this Site, including but not limited to text, images, photographs, logos, graphics, and design elements, is the property of Sundew Painting South, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.
11. Indemnification
You agree to indemnify, defend, and hold harmless Sundew Painting South, Inc., its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your violation of these Terms, your misuse of the Site, or any inaccurate or misleading information you provide to us.
12. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation is unsuccessful, the dispute shall be resolved through binding arbitration in New Castle County, Delaware, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and attorneys' fees unless otherwise determined by the arbitrator.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
14. Changes to These Terms
We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of the Site or Services after any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
15. Contact Us
If you have any questions about these Terms, please contact us:
Sundew Painting South, Inc.
