S&L REMODELING, LLC WORKMANSHIP WARRANTY RUBBER GUTTER LINER INSTALLATION

Rubber Gutter Liner Installation

THIS DOCUMENT COMBINED WITH YOUR FINAL INVOICE IS YOUR WARRANTY AND BECOMES EFFECTIVE UPON RECEIPT OF PAYMENT IN FULL THE TERM LENGTH EXPRESSED ON YOUR INVOICE. NO REGISTRATION OR SIGNATURE IS REQUIRED FOR YOUR WORKMANSHIP WARRANTY. THIS WARRANT EXTENDS TO WORKMANSHIP MATTERS ONLY AND IS SECONDARY TO ANY MANUFACTURER WARRANTY PROVIDED WITH THE PRODUCTS INSTALLED.

Warranty: Contractor warrants to Owner that it applied the gutter system to the structure described in the Invoice in accordance with (a) any written specifications of Gutter Materials Manufacturer and (b) good gutter industry practices, in effect on the date of the Invoice. Subject to the following terms, conditions and limitations, Contractor will, during the term of this Warranty, at its expense, repair, or cause to be repaired leaks in said gutter system which are the result of defects in Contractor's workmanship. Upon expiration of the term of this Warranty, without notice from Owner of some defect, Contractor shall have no further obligation to make repairs at Contractor's expense under any provision of this Warranty.

1. CONDITIONS

  1. During the term of this warranty, if any failure or deficiency occurs, Owner must immediately notify Contractor by telephone of such issues, and promptly confirm such telephone notice by written notice to Contractor.

  2. The owner shall notify the Contractor of any failure or defect, which is discovered by the owner within 3 days of the detection. If the failure or defect is covered by this warranty, the Contractor shall have the right to immediately inspect and repair the problem.

  3. Contractor shall have the right to inspect the gutter system during term of warranty.

  4. The Warranty is null and void if any modifications or other work is done to the gutter system without prior written consent of the Contractor.

  5. This warranty shall not be or become effective unless and until Contractor has been PAID IN FULL for the invoice which the gutter system in question was billed to Owner.

2. EXCLUSIONS

  1. Damage caused by intentional misuse, failure to properly maintain the work or negligence.

  2. Any damage to the coating that is caused by movement of the underlying substrate, such as concrete cracking, movement of concrete, and joints expanding, will not be covered by the warranty. Improper use, such as chemical spills, battery or brake fluid spills or extremely harsh use, will also not be covered.

  3. Damage cause by conditions out of Contractors control such as, but not limited to, Acts of God floods, lightning, high winds, hail, hurricanes, tornadoes, earthquakes, or extraordinary or unusual events and ANY AND ALL WEATHER DAMAGE.

  4. Damage to the floor included but not limited to building failure, fire or settling.

  5. Vandalism or attacks to the floor by a third party, object or agents including but not limited to plants, fungus, and animals.

3. OTHER PROVISIONS

  1. No modifications of this warranty shall be effective unless in writing and approved by all parties.

  2. There is no Implied Warranty of Merchant Ability or Fitness in connection with epoxy materials supplied by this contractor. This warranty shall not render this contractor liable in any respect, for any damage to this building, or any contents thereof for any loss, injury or damage to persons or property resulting from any defect in the materials supplied, nor will contractor be held liable for incidental, special or consequential damages, direct or indirect of any nature to any person sustained from any cause due to manufacturer's defect in materials supplied.

  3. Transferability. This warranty shall accrue only to the benefit of the original owner named above. It is not transferable to any other person, except with the prior written consent of Contractor.

3. OTHER PROVISIONS

  1. No Other Warranties. NO OTHER EXPRESS WARRANTY IS GIVEN BY CONTRACTOR TO OWNER. THE REPAIR OF THE SUBJECT FLOOR IS THE EXCLUSIVE REMEDY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ALL IMPLIED WARRANTIES, AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO OWNER IN CONNECTION WITH OR ATTRIBUTABLE TO THE EPOXY MATERIALS AND ANY SUCH EPOXY MATERIALS MANUFACTURER'S WARRANTY.

  2. Incidental or Consequential Damages. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUD-ING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO OR LOSS OF USE OF THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.