LIMITED WARRANTY; EXCLUSION OF OTHER WARRANTIES.
Contractor warrants that the product applied during the Project by it are free from defects in workmanship and materials under normal use and service, for a period of 15 years from the date of application if under normal conditions of use and proper maintenance.
15 year warranty starting day of completion.
Warranty to include but not limited to normal wear and tear. Sun exposure. Cracks due to concrete shifting. Erosion Damage. Water damage.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,STATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Such warranty shall not apply to any defects resulting in whole or in part from incorrect information received from Client, substrate related issues, or the improper use or maintenance of the product. Contractor makes no warranty with respect to products manufactured by others.
Contractor’s obligation under this warranty shall be strictly and exclusively limited to either of the following at Contractor’s sole discretion:
(1) repair and re-application of the product, which are determined to be defective on inspection by an authorized representative of Contractor; or
(2) reimbursement to Client for the reasonable repair or replacement of the defective product covered by this Limited Warranty.
In the event Contractor elects the reimbursement option, it is the responsibility of Client to obtain and pay for any repairs or replacement.
If, for any reason, it should be impractical, in Contractor’s sole discretion, to provide a repair and replacement of the product, Contractor may instead refund the amount paid for the Project. Contractor’s inability to correct, repair or replace a defective product or application of product despite using reasonable efforts to do so shall not render this limited remedy invalid or unenforceable as having failed its essential purpose.
Notwithstanding any rule of law to the contrary, Client agrees that these warranty provisions and disclaimers shall be considered independent of the damage limitations and exclusions contained in Section 7 hereof, which limitations and exclusions shall survive notwithstanding the failure of any or all of the limited remedies contained herein.
Written notification must be received by Contractor within the warranty period, or within thirty (30) days of any believed defect for a warranty claim, identifying yourself as having a warranty claim and description of the issue.