1. LIMITED WARRANTY; EXCLUSION OF OTHER WARRANTIES. Subject to the exclusions set forth in Section 12, the Company warrants that the product applied during the Project is free from defects in workmanship and materials under normal use and service. This warranty specifically covers: Peeling due to coating failure and moisture emission resistance up to 6lbs, for the lifetime of Purchaser provided that Purchaser keeps proper maintenance in accordance with the after-care instructions provided at www.thegaragefloorco.com. THIS LIMITED 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. The Company’s obligation under this limited warranty shall be strictly and exclusively limited to either of the following at Company’s sole discretion: (a) repair and re-application of the product, which are determined to be defective on inspection by an authorized representative of Company; or (b) reimbursement to Purchaser for the reasonable repair or replacement of the defective product covered by this limited warranty. In the event the Company elects the reimbursement option, it is the responsibility of Purchaser to obtain and pay for any repairs or replacement. If, for any reason, it should be impractical, in the Company’s sole discretion, to provide a repair and replacement of the product, the Company may instead refund the amount Purchaser paid for the Project. The Company’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, Purchaser agrees that these warranty provisions and disclaimers shall be considered independent of the damage limitations and exclusions contained in Section 13, which limitations and exclusions shall survive notwithstanding the failure of any or all of the limited remedies contained herein. Purchaser shall provide the Company with written notification within the warranty period, or within thirty (30) days of any believed defect for a warranty claim, identifying Purchaser as having a warranty claim, and description of the issue. Once the Company receives written notification of a warranty claim, Purchaser and the Company will schedule an appointment to review the warranty claim within a commercially reasonable time. Should any delaminating repair be required, the Company will repair the delaminated area(s) at no charge to Purchaser. The Company cannot guarantee a color match on touch ups / repairs due to factors beyond our control (i.e., dye lot changes, color settling, etc.), but the Company will make every effort to match the color. Purchaser shall pay the Company a trip charge of $100 if the Company arrives at Purchasers residence and is unable to perform an installation / repair due to an unprepared or inaccessible residence. THIS LIMITED WARRANTY IS NON-TRANSFERABLE.
2. Warranty Exclusions.
a. Curing times are dependent upon ambient temperature and humidity, and upon the type of coating system installed. The Company will inform Purchaser of the required curing times following installation, during which walking or parking/driving of vehicles on the coated substrate(s) is not permitted. If Purchaser does not observe the stated curing times, the limited warranty will be deemed null and void.
b. The limited warranty excludes any defects resulting in whole or in part from incorrect information received from Purchaser, substrate-related issues or defects, or the improper use or maintenance of the product.
c. The limited warranty excludes any product manufactured by third parties.
d. The Company does not warranty any coating against battery acid damage. Purchaser should use caution when filling or charging golf carts, motorcycles or any other automotive-type batteries.
e. Cracks in expansion joints are normal and unavoidable. The Company will reasonably attempt to disguise cracks in the concrete slab; however, the Company does not guarantee that these cracks will not reappear.
f. The limited warranty excludes cracks or concrete structural issues of any kind.
g. Existing surface contaminants such as automotive fluids as well as natural color variations and imperfections in the concrete may show through our clear or staining applications. The Company cannot be held responsible for discoloration caused by these occurrences.
h. The limited warranty excludes any defect caused by alterations or modifications of any kind.
i. The limited warranty excludes abuse, misuse, neglect or accidents (e.g., scratches, dropped items, lack of cleaning, scrubbing/buffing machines, harsh chemical cleaning).
j. The limited warranty excludes harsh chemicals including without limitation battery acid, brake fluid, and paint stripper.
k. The limited warranty excludes cracking in the underlying concrete because the Company cannot be held responsible for concrete that cracks due to heaving, shifting, popping, settling, or ground movement.
l. The limited warranty excludes dulling of finish caused by Purchaser’s negligence which includes but is not limited to lack of general/cleaning care, heavy use, harsh chemical cleaning, cleaning with abrasive material and/or chemicals, of the use of scrubbing/buffing machines.
m. The limited warranty excludes rust stains appearing from the coating, either on top or from within.