Courts warranty

SPORT SURFACE/ACCESSORIES, & EQUIPMENT LIMITED WARRANTY AGREEMENT

1. Introduction

1.1 Purpose: This Warranty Agreement ("Agreement") provides the terms and conditions under which GRIT Concrete & Construction (DBA "Grit Courts") ("Grit Courts") guarantees the performance of its court coating services, including painting and resurfacing.

1.2 Scope: This warranty applies specifically to all services provided by Grit Courts, namely concrete and painting/resurfacing of acrylic courts for sports such as pickleball, basketball, and tennis, as well as the setup of related equipment and accessories.

2. Warranty Coverage

2.1 Paint System: The Paint System used by Grit Courts is designed to last between 5 to 8 years, depending on application conditions and usage. Grit Courts guarantees the performance of the Paint System according to these conditions.

2.2 Warranty Periods: Newly Poured and Surfaced Courts: For courts that Grit Courts has poured and surfaced, the warranty period is 1 year from the date of installation. Existing Acrylic Courts (Surfaced Only): For existing plain concrete pads that Grit Courts have only surfaced, the warranty period is 30 days from the date of installation.

2.3 Coverage Details: Newly Poured, and Surfaced Courts: The warranty covers only defects in paint application, delamination, and bubbling of the paint if Grit Courts poured and surfaced the court. If the concrete is poured next to another pad we do not warranty the crack, groove, or expansion joint in any regards. Concrete Crack Coverage: Cracking in concrete is a natural and expected occurrence due to environmental conditions, settlement, and the inherent properties of concrete. Grit Courts does not warrant hairline cracks or any crack smaller than the width of a quarter (approximately 0.1 inches). For newly poured and surfaced courts, Grit Courts will address cracks wide enough to fit a quarter at no charge within the warranty period. All other cracks are excluded from warranty coverage. Existing Acrylic Courts (Surfaced Only): The warranty covers only defects in paint application, and delamination. If the concrete is poured next to another pad we do not warranty the crack, groove, or expansion joint in any regards. The warranty does not cover any form of cracking. Retaining Walls: Grit Courts warrants against structural shifting greater than four inches (4") from the original installed position within a 2 year warranty period. Minor movement, settling, or shifting of four inches or less is considered normal and is not covered. For boulder and natural rock retaining walls, aesthetic imperfections including but not limited to variation in rock color, texture, shape, surface irregularities, and gaps between stones are not covered under this warranty. Natural stone is inherently imperfect, and such characteristics are expected and do not constitute a defect.

3. Equipment and Accessory Setup Warranty

3.1 Scope: This section covers the setup of light poles, basketball hoops, pickleball nets, tennis nets, and fencing ("Equipment and Accessories").

3.2 Manufacturer’s Warranty: Grit Courts provides no additional warranty beyond the manufacturer's warranty for Equipment and Accessories. Any defects or issues with these items after installation should be addressed directly with the manufacturer according to their warranty terms.

3.3 Post-Installation Liability: Once Grit Courts has completed the setup of Equipment and Accessories we are not liable for any issues, damages, or defects related to these items. This includes, but is not limited to, installation issues, performance issues, and damage caused by misuse or external factors or personal injury.

4. Exclusions and Limitations

4.1 Concrete Cracks and Crack Fillers: Cracks in concrete and asphalt courts are often structural, extending through the entire concrete or pavement and into the base. Acrylic 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 Courts does not warrant any issues related to pre-existing cracks or the performance of crack fillers.

4.2 Surface Conditions: Existing Acrylic Courts: For existing acrylic courts that we resurface, we provide a 30-day warranty on the new surface applied. This warranty covers defects in the resurfacing work itself but does not extend to issues related to the original court conditions or underlying structure. Environmental and Usage Factors: The warranty does not cover damage caused by extreme environmental conditions or misuse, including activities such as skateboarding, biking, scootering, rollerblading, or other uses outside the intended purpose of the court.

4.3 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.

4.4 Unauthorized Modifications: Any modifications or repairs performed by parties other than Grit Courts will void this warranty.

5. Maintenance Recommendations

To ensure the longevity and optimal performance of your acrylic sport surfaces, regular maintenance is crucial. We strongly recommend considering our monthly cleaning plan to maintain your court effectively. Regular maintenance is essential for several reasons: Preventing Premature Wear: Regular cleaning helps prevent premature wear and staining of the surface. Avoiding Mold and Mildew: Keeping the surface clean reduces the risk of mold and mildew growth, which can be exacerbated by organic debris and spills. Preserving Surface Integrity: Proper maintenance helps preserve the integrity of the acrylic surface, preventing damage from dirt and debris that can cause abrasion. Extending Lifespan: Routine upkeep can extend the lifespan of your sport surface, ensuring it remains in good condition for years to come. For more information on monthly cleaning plans and to discuss the best maintenance options for your court, please contact Grit Courts.

6. Claim Procedure

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

6.2 Inspection: Grit Courts reserves the right to inspect the affected area before performing any warranty service. The customer must provide reasonable access for inspection.

6.3 Resolution: If the warranty claim is validated, Grit Courts 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.

6.4 Customer Responsibilities: The customer must adhere to any maintenance and care instructions provided by Grit Courts to ensure the validity of the warranty.

7. Limitations of Liability

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

7.2 No Implied Warranties: The warranty provided is the sole warranty offered by Grit Courts. 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.

8. Governing Law and Dispute Resolution

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

8.2 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.

9. Miscellaneous Provisions

9.1 Entire Agreement: This Agreement constitutes the entire agreement between Grit Courts and the customer and supersedes all prior agreements, understandings, or representations.

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

9.3 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, or credit card (3% fee).

2. Contractor Obligations: Grit Courts 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.