Warranty Agreements
Sport Surface / Accessories & Equipment Limited Warranty Agreement
1. Introduction
1.1 Purpose: This Warranty Agreement (“Agreement”) provides the terms and conditions under which Premium Surface Solutions (“Premium Surface Solutions”) guarantees the performance of its court coating services, including painting and resurfacing.
1.2 Scope: This warranty applies specifically to the painting and resurfacing of acrylic courts for sports such as pickleball, basketball, tennis, and futsal, as well as the setup of related equipment and accessories.
2. Warranty Coverage
2.1 SportMaster Paint System: The SportMaster paint system used by Premium Surface Solutions is designed to last between 5 to 8 years, depending on application conditions and usage. Premium Surface Solutions guarantees the performance of the SportMaster paint system according to these conditions.
2.2 Warranty Periods:
Newly Poured and Surfaced Courts: For courts that Premium Surface Solutions has poured and surfaced, the warranty period is 1 year from the date of installation.
Existing Acrylic Courts (Surfaced Only): For existing plain concrete pads that Premium Surface Solutions have only surfaced, the warranty period is 30 days from the date of installation.
2.3 Coverage Details:
Newly Poured, and Surfaced Courts: The warranty covers only defects in paint application, delamination, and bubbling of the paint if Premium Surface Solutions poured and surfaced the court. If the concrete is poured next to another pad we do not warranty the crack, groove, or expansion joint in any regards. The warranty does not cover any form of cracking.
Existing Acrylic Courts (Surfaced Only): The warranty covers only defects in paint application, and delamination. If the concrete is poured next to another pad we do not warranty the crack, groove, or expansion joint in any regards. The warranty does not cover any form of cracking.
3. Equipment and Accessory Setup Warranty
3.1 Scope: This section covers the setup of light poles, basketball hoops, pickleball nets, tennis nets, futsal goal nets, and fencing (“Equipment and Accessories”).
3.2 Manufacturer’s Warranty: Premium Surface Solutions provides no additional warranty beyond the manufacturer’s warranty for Equipment and Accessories. Any defects or issues with these items after installation should be addressed directly with the manufacturer according to their warranty terms.
3.3 Post-Installation Liability: Once Premium Surface Solutions has completed the setup of Equipment and Accessories we are not liable for any issues, damages, or defects related to these items. This includes, but is not limited to, installation issues, performance issues, and damage caused by misuse or external factors or personal injury.
4. Exclusions and Limitations
4.1 Concrete Cracks and Crack Fillers: Cracks in concrete and asphalt courts are often structural, extending through the entire concrete or pavement and into the base. Acrylic crack fillers can initially help by sealing the crack’s surface to prevent moisture intrusion and slow further degradation. However, due to daily expansion and contraction caused by environmental conditions, cracks that have been filled may reopen over time (“Days, weeks, months or years”). Factors such as moisture, freeze-thaw cycles, and climate conditions can affect the longevity and effectiveness of crack fillers. Premium Surface Solutions does not warrant any issues related to cracks or the performance of crack fillers.
4.2 Surface Conditions:
Existing Acrylic Courts: For existing acrylic courts that we resurface, we provide a 30-day warranty on the new surface applied. This warranty covers defects in the resurfacing work itself but does not extend to issues related to the original court conditions or underlying structure.
Environmental and Usage Factors: The warranty does not cover damage caused by extreme environmental conditions or misuse, including activities such as skateboarding, biking, scootering, rollerblading, or other uses outside the intended purpose of the court.
4.3 Normal Wear and Tear: This warranty does not cover normal wear and tear, including but not limited to surface scratching or scuffing resulting from regular use or incidental impacts.
4.4 Unauthorized Modifications: Any modifications or repairs performed by parties other than Premium Surface Solutions will void this warranty.
5. Maintenance Recommendations
To ensure the longevity and optimal performance of your acrylic sport surfaces, regular maintenance is crucial. We strongly recommend considering our monthly cleaning plan to maintain your court effectively. Regular maintenance is essential for several reasons:
Preventing Premature Wear: Regular cleaning helps prevent premature wear and staining of the surface.
Avoiding Mold and Mildew: Keeping the surface clean reduces the risk of mold and mildew growth, which can be exacerbated by organic debris and spills.
Preserving Surface Integrity: Proper maintenance helps preserve the integrity of the acrylic surface, preventing damage from dirt and debris that can cause abrasion.
Extending Lifespan: Routine upkeep can extend the lifespan of your sport surface, ensuring it remains in good condition for years to come.
For more information on our monthly cleaning plans and to discuss the best maintenance options for your court, please contact Premium Surface Solutions.
6. Claim Procedure
6.1 Notification: To make a warranty claim, the customer must notify Premium Surface Solutions in writing within the warranty period of discovering any defects. Notification should include a detailed description of the issue and any relevant photographs.
6.2 Inspection: Premium Surface Solutions reserves the right to inspect the affected area before performing any warranty service. The customer must provide reasonable access for inspection.
6.3 Resolution: If the warranty claim is validated, Premium Surface Solutions will, at its discretion:
Within Warranty Period: Perform necessary repairs or touch-ups at no additional charge if the defect falls within the scope of the warranty.
After Warranty Period: Provide repair services for a nominal fee.
6.4 Customer Responsibilities: The customer must adhere to any maintenance and care instructions provided by Premium Surface Solutions to ensure the validity of the warranty.
7. Limitations of Liability
7.1 Extent of Liability: Premium Surface Solutions’ liability under this warranty is limited to the cost of the original coating service. Premium Surface Solutions shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of use, property damage, or personal injury.
7.2 No Implied Warranties: The warranty provided is the sole warranty offered by Premium Surface Solutions. All other warranties, expressed, implied, sent over text, phone call, email, and or including any implied warranties of merchantability or fitness for a particular purpose, are excluded.
8. Governing Law and Dispute Resolution
8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Utah.
8.2 Dispute Resolution: Any disputes arising under this Agreement shall be resolved through mediation or arbitration. The venue for any arbitration or legal action shall be Utah County, Utah.
9. Miscellaneous Provisions
9.1 Entire Agreement: This Agreement constitutes the entire agreement between Premium Surface Solutions and the customer and supersedes all prior agreements, understandings, or representations.
9.2 Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.
9.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
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.
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.
Residential Polyaspartic / Flake Broadcast Coating Systems Warranty Agreement
1. Warranty Coverage
1 Year Warranty: Covers discoloration from UV exposure (where applicable).
1 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.
Grind & Seal Limited ONe-Year Warranty Agreement
Premium Surface Solutions Grind and Seal Warranty
Premium Surface Solutions (“Premium Surface Solutions”) provides this limited warranty for workmanship and materials on grind and seal concrete applications. This warranty applies 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 grind and seal application has been completed with the highest standards of workmanship and quality materials. This warranty covers defects related to the grinding and sealing process, including but not limited to issues such as improper sealing, visible imperfections from the application process, and failures related to the grind and seal 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, peeling, or a milky appearance of the sealers.
Gouging and Cracks: The warranty does not cover gouging, cracking, or other surface damage, including any cracks or imperfections 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 grind and seal 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 grind and seal surface must be properly maintained in accordance with the guidelines provided by Premium Surface Solutions. Regular cleaning and the use of recommended maintenance products are required to prevent damage and preserve the appearance and durability of the sealed 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 grind and seal surface. Additionally, Premium Surface Solutions is not liable for any consequential or incidental damages resulting from defects in the grind and seal application.
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.
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.
Miracote Limited One-Year Warranty Agreement
Premium Surface Solutions Miracote Warranty
Premium Surface Solutions (“Premium Surface Solutions”) offers this limited warranty for workmanship and materials on Miracote 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:
1. Warranty Coverage:
Workmanship and Materials: Premium Surface Solutions warrants that the Miracote 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.
2. 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 Miracote.
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 Miracote surface.
Acts of God: Damage caused by natural disasters or extreme weather conditions (e.g., earthquakes, hurricanes, tornadoes, floods) is not covered.
3. 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). Miracote 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.
4. 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: Miracote 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.
5. 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.
6. 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.
7. 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.
8. 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.
Resist Warranty Agreement
1. Warranty Coverage
1 Year Warranty: Covers discoloration from UV exposure (where applicable).
1 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 Tramex 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 Resist Authorized Representative.
6. Notification and Inspection
Notification: Notice of any claimed defect must be sent in writing by certified email, return receipt requested, to Resist at [Insert Email] within 30 days of discovering the defect. Failure to notify within this period will void the warranty claim.
Inspection: Resist 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: Resist 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 Resist at premiumsurfacesolutions@gmail.com or 801-865-1934.
Attorney Fees Provision
1. 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.
2. 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.
3. 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.
Vuba Resin Products Limited Warranty Agreement
Premium Surface Solutions Warranty
Premium Surface Solutions (“Premium Surface Solutions”) offers a limited warranty for VUBA Resin products, including Rubber Stone, and VUBA. This warranty is valid for new installations and is subject to the following terms and conditions:
1. Warranty Coverage
Rubber Stone & VUBA: 5-Year Warranty
Workmanship and Materials: Premium Surface Solutions warrants that the installation of Rubber Stone, VUBA, will be performed with high standards of workmanship and quality materials.
Color Consistency: Efforts are made to ensure color consistency; however, natural variations in stone and rubber cannot be guaranteed.
2. Exclusions and Limitations
Cracking: Cracking due to substrate settlement or other extenuating circumstances is not covered.
Surface Damage: Damage from misuse, abuse, vandalism, exposure to caustic chemicals, normal weathering, use, or natural disasters is not covered.
Foundation Defects: The warranty does not cover defects in the underlying surface, including issues caused by moisture or substrate movement.
Maintenance: Failure to follow maintenance guidelines will void the warranty.
3. Post-Installation Instructions
No Mats/Rugs: Do not place any mats or rugs on the surface for at least 90 days after installation.
Walking and Furniture: No walking on the surface for 48 hours after installation. Do not place furniture on the surface for 4-5 days.
4. Maintenance Requirements
Interior Surfaces: Regular sweeping, vacuuming, and damp-mopping are necessary. Steam cleaning or power scrubbing is recommended occasionally.
Exterior Surfaces: Pressure wash at least once a year to minimize sediment buildup.
Re-coating:
Rubber Stone & VUBA: Requires re-coating approximately every 4-5 years, depending on UV exposure, color, and location.
5. Liability
Post-Completion Damage: Premium Surface Solutions is not responsible for damage occurring after project completion or due to activity within the restricted area.
Restricted Area: Damage from persons or animals within the restricted area for at least 72 hours after installation is not covered. Repairs for such damage will incur additional charges.
Liability Cap: Premium Surface Solutions is not liable for any amount exceeding the contract value.
Warranty Nullification: Warranty is void if maintenance guidelines are not followed.
6. Customer Acknowledgements
Surface Characteristics: The products are installed over existing solid surfaces and will follow the contours of the underlying surface, which may include pooling of water, runoff, flagstone, travertine, grout lines, or expansion joints.
Installation Nature: As hand-troweled products, minor imperfections and waves may occur. These may be highlighted by different lighting conditions.
Outdoor Surface: The surface is exposed to elements which can result in dirt buildup. The responsibility to clean the surface regularly is acknowledged. Lighter colors will show more dirt.
Temperature Variations: Surface temperature may vary based on environmental factors. Rubber is cooler than traditional stone but results may differ.
Color Variations: Slight color variations may occur, particularly at seams, and will blend over 4-6 months.
Copings: Copings will have visible seams and a ½ inch to 1 ½ inch overhang to avoid seeing pre-existing pool copings. Proper installation practices should be followed to prevent detachment.
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 warranty inquiries or to address any questions or claims, please contact Premium Surface Solutions at premiumsurfacesolutions@gmail.com or 801-865-1934.
Attorney Fees Provision
1. 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.
2. 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.
3. 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.
Limited Concrete Warranty Agreement
1. Limited Warranty
Premium Surface Solutions provides a limited warranty on concrete installations for a period of one (1) year from the date of project completion. During this time, the concrete surface will remain free from Major Cracking, Major Scaling and Spalling, or Major Pop-Outs resulting from defective materials or workmanship.
2. Definitions
“Major Cracking” refers to cracks greater than 1/4 inch wide and exceeding either: (a) 30% of the total linear footage of all concrete joints, or (b) 30% of the perimeter of any single concrete panel. “Major Scaling and Spalling” is defined as surface disintegration covering more than 10% of the total concrete surface or 25% of any one panel. “Major Pop-Outs” means more than 50 conical aggregate breakouts per 100 square feet of surface.
3. Exclusions
This limited warranty does not apply to damage or conditions caused by: – Misuse or abuse of the concrete surface – Non-residential or unintended use – Natural disasters such as fire, flooding, or earthquakes – Subsurface defects or undetected underground voids – Modifications to surrounding areas that redirect drainage to or under the concrete – Tree roots or plant growth – Contact with vehicles, animals, people, or equipment during the initial 72-hour curing period – Ground shifts or utility work affecting the subgrade – Use of inappropriate fill or compaction materials unless directly placed by Premium Surface Solutions – Variation in concrete color or color mismatches from repairs – Staining, general wear, or loss of pigmentation – Minor cracks, scaling, spalling, or pop-outs not classified as ‘Major’ – Any installation not sealed using an approved concrete sealer applied by Premium Surface Solutions
4. Warranty Claims
To initiate a warranty claim, the Client must notify Premium Surface Solutions in writing within 90 days of discovering the defect. Text messages or verbal claims will not be accepted. Upon receipt of written notice, Premium Surface Solutions will inspect the site within 30 days. If verified to be covered under this warranty, Premium Surface Solutions will choose—at its sole discretion—whether to repair the defective area, replace it, or issue a refund proportional to the affected portion. Material-only warranties will be limited to what is provided by the manufacturer, and labor is excluded from any material-only coverage.
5. Limitation of Liability
The maximum liability of Premium Surface Solutions shall not exceed the original price paid for the concrete work. Premium Surface Solutions is not liable for indirect, incidental, special, punitive, or consequential damages of any kind.
6. Warranty Voiding Conditions
The use of salt, ice melt, or magnesium chloride—whether applied directly to the concrete or transferred from roadways—will void this warranty. These materials may cause degradation, internal stress, cracking, and surface damage to concrete.