Warranty Information

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LIMITED WARRANTY COVERAGE 

The terms and provisions of the Limited Warranty Agreement have been fully negotiated between Owner and Contractor as a part of the negotiation of the terms and provisions of the Construction Agreement between the parties. Owner and Contractor agree to be fully bound by the terms and provisions of this Limited Warranty. Pro Painting and Remodeling, LLC (“Contractor”) warrants to the Owner and its successors and assigns (collectively “Owner”) of the structures to which the Contractor’s work is incorporated as follows: a) Product Installation: Contractor warrants the installation and application of products, including but not limited to, painting, siding, stucco, windows, doors, decks, stairs, handrails, gutters, hardwoods, drywall, tile and carpentry, to be free from defect in workmanship from the date the installation of the product is completed for a period of Three (3) years of normal use. This workmanship warranty does not include damages caused by any manufacturer defect, or any other damages or defects except to the extent caused by Contractor’s negligent or improper installation of the product. Contractor does not warrant in any way the application or condition of paint supplied by the Owner. Contractor reserves the right to have a third-party product manufacturer’s representative inspect the project if it so chooses. b) Structural: Contractor warrants that construction or repairs performed by Contractor, including but not limited to structural, foundation, water intrusion and termite damage, shall be free from defects in workmanship from the date the construction or repair is completed for a period of three (3) years of normal use. This workmanship warranty does not include any damage or defects in the products used to make the repair except to the extent caused by Contractor’s improper installation of the product. c) HVAC, Plumbing & Electrical: Contractor warrants that all HVAC plumbing and electric work will free from defect in workmanship for a period of one (1) year. This workmanship warranty does not include damages caused by any manufacturer defect, or any other damages or defects except to the extent caused by Contractor’s negligent or improper installation of the product. 

Assignment of Manufacturer Warranties: Contractor hereby transfers to Owner all manufactures or processor’s guarantees or warranties for products or materials used or incorporated into the Project or Owner’s property by Contractor. 

Conditions of Warranty: Contractor’s liability to the covered person or entity shall be subject to the following terms and conditions: a) The claimant must provide proof that they: are the covered person/entity; and the project had been paid in full within 30 days of the project competition. b) In the event of any claimed defect covered by this warranty, the Owner shall promptly and before beginning any permanent repair, but in no event more than thirty (30) days after discovery of the defect, notify the Contractor in writing of its conditions and the claimed defect. The notice must describe the location and details of the defect and such information as is necessary for Contractor to investigate the claim

GENERAL TERMS AND CONDITIONS

Contractor will have the right to inspect the areas at issue to determine the cause of the alleged defects. If the defects are determined to be within the scope of the workmanship warranty, Contractor will make the necessary repairs at Contractor’s expense. However, Contractor specifically does not warrant any installed products, or damage caused by defects in the installed products not caused by Contractor’s improper installation. d) Contractor shall make necessary warranty work or repairs within a reasonable time. Contractor repair of the defect SHALL BE THE SOLE EXCLUSIVE REMEDEY available to Owner with respect to any defect. Contractor will not refund or pay any costs in connection to repairs made by anyone other than Contractor. This warranty does not cover any repairs made by anyone other than the Contractor or one of its authorized representatives. e) Upon discovery of a possible defect, the Owner must immediately, and at the Owner’s expense, mitigate the possible damages and provide for protection of all property that could be affected until the Contractor can address the possible defect. 

Exclusions: This Warranty does not cover damage or defects resulting from or in any way attributable to: (a.) neglect, (b.) misuse, (c.) abuse, (d.) repair or alteration made by anyone other than Contractor (e.) settlement or structural movement and/or movement of materials to which installed products are attached, (f.) windstorm, (g.) tornado, (h.) lightning, (i.) hail, (j.) terrorist act, (k.) flood, (l.) snow or ice, (m.) severe weather or natural phenomena, (including, but limited to, unusual climate conditions), (n.) lack of proper maintenance, (o.) any cause other than workmanship defects attributable to Contractor (p.) other casualty caused by parties other than Contractor or parties for whom Contractor is responsible, (q.) the negligence or other poor workmanship of any party for whom contractor is not responsible, including improper design of the original structure, and (r) Contractor shall not be obligated to warrant or correct defects causes by the condition of any materials supplied or provided by Owner, except defects attributable solely to the Contractor negligence in the installation of said materials, including Owner-supplied paint. 

Disclaimer: The statements in this Warranty constitute the only warranty extended by Contractor for its workmanship. 

NO OTHER WARRANTY SHALL BE MADE OR ON BEHALF OF Contractor. Settlement of Claim: Any repairs made by Contractor of this document shall constitute a full settlement and release of all claims of any covered person/entity hereunder for damages or other relief and shall be a complete bar to any litigation filed subsequently to the covered persons/entity’s acceptance of such an agreement. Limitation of Warranty: Repair of any item by Contractor shall not extend the Warranty period beyond the original Warranty period. 

WAIVER OF WARRANTIES AND CLAIMS: OWNER AGREES THAT THE LIMITED WARRANTY AGREEMENT IS GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY AND WORKMANSHIP, AND IS ALSO IN LIEU OF ANY CLAIMS FOR CONSEQUENTIAL DAMAGES, MENTAL ANGUISH OR DISTRESS, AND FOR DAMAGES BASED UPON NEGLIGENCE, AND OWNER HEREBY EXPRESSLY WAIVES AND DISCLAIMS ALL SUCH OTHER WARRANTIES AND CLAIMS WITH RESPECT TO THE RENOVATION WORK