MIRACOAT LIMITED ONE-YEAR WARRANTY AGREEMENT
Premium Surface Solutions Miracoat Warranty
Premium Surface Solutions (“Premium Surface Solutions”) offers this limited warranty for workmanship and materials on Miracoat applications. This warranty is applicable to both residential and commercial projects, 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 Miracoat application has been completed with the highest standards of workmanship and quality materials. This warranty covers defects related to the application process, including improper sealing and visible imperfections.
UV Exposure and Discoloration: This warranty includes protection against discoloration from UV exposure, where applicable.
Exclusions and Limitations:
Concrete Foundation Defects: This warranty does not cover defects in the underlying concrete foundation, including moisture issues that cause flaking, peeling, or a milky appearance of the Miracoat.
Gouging and Cracks: Coverage does not extend to gouging, cracking, or other surface damage, including cracks in the underlying concrete slab.
Improper Concrete: Issues caused by improperly poured, troweled, or cured concrete are not covered. This includes defects related to the foundation's initial conditions.
Lack of Maintenance: The warranty does not cover damage from inadequate maintenance or misuse of the Miracoat surface.
Acts of God: Damage caused by natural disasters or extreme weather conditions (e.g., earthquakes, hurricanes, tornadoes, floods) is not covered.
Deck Specifications and Requirements:
Plywood: Use exterior-grade plywood, tongue and groove, with a minimum thickness of 3/4 inch. For enhanced performance, two layers totaling 1 to 1.25 inches are recommended. Plywood must be in "new" condition and completely dry before application.
Slope: The deck must have a minimum slope of 2% (¼ inch per foot). Miracoat finishes will follow the existing surface contours and cannot correct poor slope conditions.
Outside Edges: Deck fascia material should be installed before applying the deck coating. Ensure the plywood extends beyond the fascia surface for proper installation of the drip edge.
Flashing: Proper flashing against the house and columns is required. Flashing should be 6"x6" L Metal, 28 gauge galvanized steel, caulked on both sides, and installed with roofing nails every 3 inches, overlapping pieces by 6 inches. If installed prior to our work, we can install flashing for an additional charge.
Important Notes:
Warranty Void: Failure to meet deck specifications and requirements will void the warranty.
Soffit Venting: Ensure proper venting if soffits are installed underneath the decks to prevent buckling, cracks, or movement damage.
Cracking: Miracoat and the 1/2" Rock finishes are cement-based and may crack. Cracking does not affect waterproofing provided by the elastomeric coating below. No guarantees or warranties against overlay cracks.
Railing Installation: For railing installations, a side-mount or metal base plate with a stand-off post is recommended. We will waterproof over the plate, but we are not liable for coating failures due to railing installation.
Visible Joints: Polycoat Micro Flake with direct-to-plywood waterproofing may show plywood joints due to wood expansion and contraction. These joints are not covered under warranty.
Drains: If a drain is used, ensure it is installed by a plumber. We provide deck drains with a flange for waterproofing, but do not recommend them unless necessary.
Maintenance:
Interior Surfaces: Regular cleaning with sweeping, vacuuming, or damp-mopping is required. Occasional steam cleaning or power scrubbing is recommended for a thorough clean.
Exterior Surfaces: An annual pressure wash is recommended to minimize sediment accumulation.
Claim Procedures:
Notification: Report any warranty claims in writing to Premium Surface Solutions within 30 days of discovering the defect. Send notifications 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 claim. We may request photographs, documentation, or other relevant information.
Labor and Costs:
Costs: This warranty does not cover labor costs for inspection, testing, or repair. Premium Surface Solutions is not liable for any consequential or incidental damages resulting from defects.
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.