POLISHED CONCRETE LIMITED ONE-YEAR WARRANTY AGREEMENT
Premium Surface Solutions Polished Concrete Warranty
Premium Surface Solutions (“Premium Surface Solutions”) provides this limited warranty for workmanship and materials on polished concrete installations. This warranty applies to both residential and commercial applications, including driveways, patios, pool decks, walkways, and floor areas, for both indoor and outdoor settings. The warranty is valid for one year from the completion date of the job and is subject to the following terms and conditions:
Warranty Coverage:
◦ Workmanship and Materials: Premium Surface Solutions warrants that the polished concrete has been installed with the highest standards of workmanship and quality materials. This warranty covers defects in the polishing process and materials used, including but not limited to issues such as uneven sheen, visible imperfections caused by the polishing process, and failures related to the application of the polished concrete finish.
Exclusions and Limitations:
◦ Concrete Foundation Defects: This warranty does not cover defects in or failure of the underlying concrete foundation. This includes issues such as moisture intrusion leading to flaking or a milky appearance of sealers and stains.
◦ Gouging and Cracks: The warranty does not cover gouging or cracking of the concrete surface, including any cracks or imperfections that are present in the underlying concrete slab.
◦ Improper Concrete: The warranty does not apply to issues caused by improperly poured, troweled, or cured concrete, including defects arising from the foundation’s initial conditions.
◦ Lack of Maintenance: The warranty does not cover damage resulting from inadequate maintenance or misuse of the polished concrete surface.
◦ Acts of God: The warranty excludes coverage for damage caused by natural disasters or extreme weather conditions, including earthquakes, hurricanes, tornadoes, floods, or other acts of God.
Maintenance and Care:
◦ To maintain the warranty, the polished concrete must be properly maintained in accordance with the guidelines provided by Premium Surface Solutions. Regular cleaning and the use of appropriate maintenance products are required to prevent damage and preserve the appearance and durability of the polished surface.
Claim Procedures:
◦ Notification: Any claims under this warranty must be reported in writing to Premium Surface Solutions within 30 days of discovering the defect. The notification should be sent via certified email to premiumsurfacesolutions@gmail.com.
◦ Inspection: Premium Surface Solutions reserves the right to inspect the affected area within 30 days of receiving the warranty claim. The company may request photographs, documentation, or other relevant information regarding the claimed defect.
Labor and Costs:
◦ This warranty does not cover labor costs associated with the inspection, testing, or repair of the polished concrete surface. Additionally, Premium Surface Solutions is not liable for any consequential or incidental damages resulting from defects in the polished concrete.
Effective Date:
◦ This warranty becomes effective only upon receipt of full payment for all charges related to the polished concrete project.
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 questions or to initiate a warranty claim, please contact Premium Surface Solutions at premiumsurfacesolutions@gmail.com
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.