Coatings warranty

COATINGS LIMITED WARRANTY AGREEMENT

1. Introduction

1.1 Purpose: This Warranty Agreement ("Agreement") provides the terms and conditions under which GRIT Concrete & Construction (DBA "GRIT Coatings") ("GRIT Coatings") guarantees the performance of its concrete coating services.

1.2 Scope: This warranty applies specifically to only the services provided by GRIT Coatings, namely concrete and concrete coatings and some wood deck coatings.

2. Warranty Coverage

2.1 What's covered: The warranty is an adhesion warranty which covers peeling or delamination of the coating from the properly prepared concrete surface under normal residential use, including car traffic, foot traffic, and regular garage activities. If an adhesion failure occurs due to product failure or installation error, we will repair or replace the affected area at no cost to you. The affected area must be larger than 4 inches by 4 inches to qualify for a warranty repair. Smaller imperfections are considered normal wear and tear.

2.2 Warranty Period: The warranty period shall be 25 years from the date the project is completed.

3. Exclusions and Limitations

3.1 Exclusions: Our adhesion warranty does not cover cosmetic issues such as scratching, staining, tire marks, discoloration, or normal wear and tear. Additional exclusions include damage caused by moisture vapor transmission, impact damage, chemical exposure, welding slag, commercial use of any kind, prolonged standing water, or improper maintenance. Floors installed over surfaces other than concrete, including but not limited to wood, gypsum, grout, mortar, greencrete, existing coatings, tile, luxury vinyl plank (LVP), baseboards, drywall, or any other non-concrete material, are not covered under warranty

3.2 Concrete Cracks: Cracks in concrete and asphalt are often structural, extending through the entire concrete or pavement and into the base. Crack fillers can initially help by sealing the crack's surface to prevent moisture intrusion and slow further degradation. However, due to daily expansion and contraction caused by environmental conditions, cracks that have been filled may reopen over time (“Days, weeks, months or years”). Factors such as moisture, freeze-thaw cycles, and climate conditions can affect the longevity and effectiveness of crack fillers. GRIT Coatings does not warrant any issues related to cracks or the performance of crack fillers. Our warranty excludes cracking of the substrate, even if previously repaired. Concrete naturally moves, expands, and contracts over time, which is outside our control.

3.3 Normal Wear and Tear: This warranty does not cover normal wear and tear, including but not limited to surface scratching or scuffing resulting from regular use or incidental impacts.

3.4 Unauthorized Modifications: Any modifications or repairs performed by parties other than GRIT Coatings will void this warranty.

4. General Warranty Conditions

4.1 General Conditions: Warranties are valid only for the original purchaser and are non-transferable. Grit Coatings is not liable for damage caused by natural causes such as earth movement, floods, earthquakes, freeze/thaw cycles, or similar environmental factors that are outside of our control. Warranty claims must be related to actual installation or material failure. Cosmetic dissatisfaction, color variation, wear, maintenance neglect, or customer-caused damage is not covered. Grit Coatings is not responsible for incidental or consequential damages including loss of use, business interruption, or dissatisfaction with aging or appearance changes. All repairs performed under warranty or as paid service work may not match original coatings exactly, due to unavoidable color variations and aging of materials. The warranty is void if repairs, modifications, or alterations are performed by any party other than Grit Coatings. Grit Coatings reserves the right to determine, in its sole discretion, whether an issue qualifies for warranty coverage or repair.

4.2 Non-Warranty Repair Services: If an issue is not covered under warranty, repairs can be provided at a reduced service rate plus the cost of any required materials. These repairs are billed after the service is completed. Repair scheduling will be based on crew availability. All original invoices must be paid in full before warranty or repair work can be scheduled.

5. Claim Procedure

5.1 Notification: To make a warranty claim, the customer must notify GRIT Coatings in writing within the warranty period of discovering any defects. Notification should include a detailed description of the issue and any relevant photographs.

5.2 Inspection: GRIT Coatings reserves the right to inspect the affected area before performing any warranty service. The customer must provide reasonable access for inspection.

5.3 Resolution: If the warranty claim is validated, GRIT Coatings will, at its discretion: Within Warranty Period: Perform necessary repairs or touch-ups at no additional charge if the defect falls within the scope of the warranty. After Warranty Period: Provide repair services for a nominal fee.

5.4 Customer Responsibilities: The customer must adhere to any maintenance and care instructions provided by GRIT Coatings to ensure the validity of the warranty.

6. Limitations of Liability

6.1 Extent of Liability: GRIT Coatings’ liability under this warranty is limited to the cost of the original coating service. GRIT Coatings shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of use, property damage, or personal injury.

6.2 No Implied Warranties: The warranty provided is the sole warranty offered by GRIT Coatings. All other warranties, expressed, implied, sent over text, phone call, email, and or including any implied warranties of merchantability or fitness for a particular purpose, are excluded.

7. Governing Law and Dispute Resolution

7.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Utah.

7.2 Dispute Resolution: Any disputes arising under this Agreement shall be resolved through mediation or arbitration. The venue for any arbitration or legal action shall be Utah County, Utah.

8. Miscellaneous Provisions

8.1 Entire Agreement: This Agreement constitutes the entire agreement between GRIT Coatings and the customer and supersedes all prior agreements, understandings, or representations.

8.2 Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.

8.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Contractual Agreement

1. Scheduling and Payment: To schedule, confirm a date with a 50% deposit. Payment options include cash, check, ACH, or credit card (3% fee).

2. Contractor Obligations: GRIT Coatings will act in accordance with laws and industry standards, providing all necessary materials, equipment, and labor. Any changes to the proposal require full payment before the work is completed.

3. Past Due Accounts: If an invoice is 70 days past due, a lien will be filed on the property. In case of default, the customer agrees to cover collection, lien, attorney, and legal fees.

Attorney Fees Provision

1. Obligation to Pay Legal Fees: In the event that the opposing party initiates any legal action, claim, or dispute against us pertaining to this warranty agreement, said opposing party shall be irrevocably bound to the following obligations:

1. a.Responsibility for Costs: The opposing party shall assume full financial responsibility for all reasonable attorney fees, litigation expenses, and related costs incurred by us in connection with the aforementioned legal action.
2. b.Irrespective of Outcome: The obligation to pay such attorney fees and costs shall apply regardless of the outcome of the legal proceedings, including but not limited to any judgments, settlements, or dismissals that may arise from the dispute.
3. c.Definition of Reasonable Fees: For the purposes of this provision, “reasonable attorney fees” shall be determined based on prevailing market rates and the complexity of the legal issues involved, as assessed by our legal counsel.

2. Notification Requirement: In the event of any legal action, the opposing party shall be required to provide written notice to us, detailing the nature of the claim and the basis for the dispute, prior to initiating formal proceedings.

3. Enforceability: This provision shall be deemed enforceable to the fullest extent permitted by law, and any attempts to contest its validity shall be addressed in accordance with applicable statutory and case law.