RESIDENTIAL POLYASPARTIC / FLAKE BROADCAST COATING SYSTEMS WARRANTY AGREEMENT
1. Warranty Coverage
Lifetime Warranty: Covers discoloration from UV exposure (where applicable).
15-Year Warranty: Covers delamination from properly prepared substrates, peeling, chipping, and/or blistering of the coating.
2. Exclusions and Limitations
This warranty does not cover:
Physical Abuse: Damage resulting from physical abuse, structural or substrate failures, vandalism, modifications to the substrate, mechanical impact, exposure to heat, flames, solvents, acids, windstorms, lightning, nails, screws, plant or animal life, or any other acts of God.
Gouging and Abrasion: Gouging, impact, or abrasion damage beyond the intended scope of the system.
Hydrostatic and Moisture Issues: Damage due to hydrostatic water issues, moisture vapor permeation, battery acid, brake fluid, normal weathering, or atmospheric conditions.
Substrate Conditions: Delamination caused by improper substrate conditions or internal failures of the concrete substrate.
Cracks and Repairs: Damage caused by cracks in the substrate, either before or after installation, and any repairs to cracks. Repaired areas may differ in color and texture from original installations.
3. Surface Preparation
Preparation Requirements: Products must be applied on a properly prepared surface. This includes mechanical shot-blasting or grinding to remove all previous coatings, sealers, laitance, efflorescence, water repellents, curing compounds, oils, grease, fats, waxes, and non-visible soluble salts.
Surface Profile: The surface must have a profile of 20 to 50 grit, a neutral pH of 7, and not exceed 5.5% moisture vapor transmission as measured by a Trame ME 4 Moisture meter.
4. Labor and Costs
Exclusions: This warranty does not cover labor costs for inspection, testing, or repair of the system, nor any consequential or incidental damages, including damage to the structure or its contents resulting from defects in the coating system.
5. Alterations and Repairs
Responsibilities: Responsibilities under this warranty cease if any alterations, additions, or repairs are made without specific written instructions from a Premium Surface Solutions Authorized Representative.
6. Notification and Inspection
Notification: Notice of any claimed defect must be sent in writing by certified email, return receipt requested, to Premium Surface Solutions at premiumsurfacesolutions@gmail.com within 30 days of discovering the defect. Failure to notify within this period will void the warranty claim.
Inspection: Premium Surface Solutions reserves the right to inspect the defect within 30 days of receiving notice and may request photographs, invoice copies, or other relevant information.
7. Contractual Agreement
Scheduling and Payment: To schedule, confirm a date with a 50% deposit. Payment options include cash, check, or credit card (3% fee).
Contractor Obligations: Premium Surface Solutions 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.
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.
For any questions or to address warranty claims, please contact Premium Surface Solutions at premiumsurfacesolutions@gmail.com or 801-865-1934.
Attorney Fees Provision
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:
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.
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.
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.
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.
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.