…should this be straight text or do you want the .doc file that maybe people can access if they’d like?
TERMS & CONDITIONS
Owner & Solid Rock Surfaces (“SRS”) agree to the following terms & conditions:
- Limited Warranty & Exclusions of Limited Warranty. See below.
- Improper Maintenance. Defects or failures caused by mistreatment, neglect or improper maintenance with incorrect cleansers or cleaning techniques shall void the warranty & shall be repaired at the Owner’s expense. Maintenance instructions for all countertop, hardwood floor, tile, decorative concrete, painting, &/or drywall (“Surface(s)”) are provided at www.solidrocksurfaces.com & are hereby made a part of the Contract. All warranties shall become void, if during the warranty period, work is performed on the Surface by anyone not authorized by SRS.
- Damages Outside of Our Control. SRS shall NOT be liable for damages to your Surface caused by situations out of our control, such as damage due to other trades &/or damage occurred after SRS has completed its original labor/installation, cracks or house settlement shifts, stains due to improper maintenance, high heels, animals, children, do-it-yourself installations, fires, heat, tornados, other acts of nature, or any other chemical or physical use or abuse. If a repair is requested due to one of the above situations, it will be completed at the customer’s expense.
- No Implied or Expressed Warranty of Merchantability or Fitness. No implied or expressed warranty of merchantability or fitness for any particular purpose is covered by this warranty except as expressly stated herein. SRS shall NOT be liable for any other costs, attorney’s fees, expenses, losses or direct, incidental, or consequential damages arising out of the use or inability to use your Surface. SRS’s obligation is limited solely to the repair or replacement, including required labor charges of the SRS Surface in question. Under no circumstances will SRS’s liability for defective goods or labor exceed the invoice price of such goods &/or labor.
- Damage from Masking Materials. SRS will exercise reasonable care when masking materials are applied & removed, however, some loose paint may be damaged & SRS shall NOT be responsible for such damage.
- Site Preparation. Owner shall be responsible for site preparation, including removal or protection of all personal property in the area to be worked. SRS shall NOT be responsible for removal or replacement of said items.
- Water, Electricity, & HVAC. Owner agrees to furnish SRS with water, electricity, & appropriate heating & cooling necessary for the contracted work.
- Outside Materials. This limited warranty shall NOT apply to failure due to materials supplied by the customer. In such cases, please consult with the appropriate manufacturer(s).
- Mandatory Arbitration. SRS & owner hereby agree that all controversies, claims or disputes between them arising out of or relating to this contract, or the breach thereof, including without limitation, contract, tort, or other controversies, claims or disputes, shall be arbitrated in Olathe, Kansas in accordance with the BBB Care program of the Better Business Bureau & the BBB Rules of Arbitration (Binding). Demand for arbitration may be made no later than the time that such action would be permitted under the applicable Kansas statute of limitations. Each party shall pay all of their own arbitration expenses, including, but NOT limited to arbitration fees, attorney fees, & experts fees. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
SOLID ROCK SURFACES (“SRS”) LIMITED WARRANTY
General Warranty Guidelines
Your Surface is backed by our limited warranty under normal use. This non-transferrable warranty does NOT extend to third parties. Details of the warranty are below, but the guiding principle of the warranty is as follows: “If there is something we did not do correctly & our deficiency causes a problem with your Surface within the respective time frame, we will remedy the problem & stand behind our product. Period.”
Additional Warranty Terms
Countertops –SRS, at its discretion, will repair or replace, without charge, the countertop piece if it fails due to any manufacturing defect during the first year after initial installation, except for damages outside of our control. The warranty is limited to edge fabrication & installation workmanship only. Warranty does NOT cover countertops that have been moved from their original installed location & it does NOT cover the natural characteristics of stone, which include, but are NOT limited to, color variations, water lines, micro-fissures, or surface marks. Seams on outdoor installations are NOT covered. Due to the fact that granite & wood are products of nature & colors/patterns/knots/fissures are completely out of our control, we cannot guarantee that materials shall be a 100% exact match to the balance of the project.
- Natural fissures in stone products are NOT structural defects. As a natural product, granite, marble & stone products are also porous, which may cause dark spots & discolorations. These characteristics enhance the natural beauty of the stone & do not impair the durability of the product. SRS expressly excludes from this warranty any discolorations, stains, dark spots or fissures which are naturally occurring in the products.
- Section 14 of “A Homeowner’s Guide to Natural Stone Countertop Installation” published by The Marble Institute of America (found on http://www.marble-institute.com) describing fissures, cracks, chips & pitting is an integral part of this warranty.
- SRS does NOT warrant granite to be free of hidden defects or flaws, & all granite is sold in “AS IS” condition.
Hardwood Floors – SRS assures that the materials & workmanship used in any flooring installation, hardwood floor sanding & refinishing, wood floors stain, hardwood floor buffing or wood floors recoating conform to the guidelines set for forth by the National Wood Flooring Association, the NOFMA or by manufacturers, & that any flooring product used by SRS for installation or for hardwood floor refinishing meets or exceeds its standards of quality. SRS does NOT guarantee any size or grade of hardwood flooring against cupping, buckling, warping, shrinking, insect infestation, or damage caused by moisture or water, including humidity. SRS does warranty the finish of your hardwood floor up to three years against peeling, cracking & chipping given the conditions of normal, residential usage. However, SRS cannot guarantee any flooring against scratching, dulling finish, fading color &/or color changes. This limited warranty does NOT apply to any pre-finished material used in installation. For the warranty on pre-finished material, please consult the manufacturer. SRS will NOT be held responsible for products that were installed with defects from other flooring companies, flooring manufacturers, individuals or contractors.
Tile – SRS will cover replacement of any loose/cracked tiles or grout due to improper installation for two years. Warranty will cover any discoloring of grout due to improper installation for up to two years. Warranty will cover leaks in built tiled showers due to improper installation for up to two years. Warranty is voided if shower was NOT built by SRS – this includes installation of wall boards, pan, slope, mud bed, curb, waterproofing membrane, niches, & tile installation. Warranty is voided if grout is not sealed on a yearly basis. This warranty is limited to the replacement of cracked tiles. SRS will NOT be responsible for the availability of shade difference in the event of warranty work.
Painting – SRS warrants interior work against peeling, chipping, or blistering of the newly applied paint or stain which can be the result of poor or improper workmanship for a period of four years (two years for exterior painting & staining). If paint failure appears, SRS will supply labor & materials to correct the condition without cost. This warranty excludes, & in no event will SRS be responsible for consequential or incidental damages caused by accident or abuse, normal wear & tear, temperature changes, settlement or moisture; i.e., nail pops or cracks caused by expansion &/or contraction. Cracks will be properly prepared as indicated at time of job, but will NOT be covered under this warranty.
- Exclusions also include: painted or stained horizontal walking surfaces (i.e. decks, floors & steps), dirt & mildew accumulation, paint failure due to rotted wood, structural defects, moisture intrusion, failure of previous paint coatings & insect infestation, painting where the client supplies the paint & material, paint bleed-through caused by wood knots, rust, or cedar, cracks in drywall, plaster or wood surfaces. Repairs will be performed only on the surfaces & areas where failure has occurred. SRS is NOT responsible for differences in paint color when performing warranty work.
Decorative Concrete – SRS warrants interior decorative concrete floors against material failure & workmanship for a period of three years given the conditions of normal, residential usage (one year for exterior). This warranty does NOT cover concrete cracks or nail holes that may pop out after being filled.
Drywall – SRS warrants each job for a period of one year from settlement date against pops & cracks due to settlement movement & shrinkage. Within the one-year period, SRS will return to the jobsite one time to repair the above items. It is recommended that the building go through two seasons (10 to 12 months) before making these final repairs. The repairs will be made so as to require little or no sanding. SRS is NOT responsible for sanding or painting areas repaired.
Warranty & Service Procedures
The following conditions apply to damages or reportedly damaged Surfaces:
- Warranty requests need to be submitted in writing with supporting photographs by the purchaser of record with SRS.
- Determination of damage or warranty issue shall be the sole responsibility of SRS.
- Applicable material that is defective will be repaired or replaced in accordance with SRS inspections.
- Customers, at their expense, may elect to contract with SRS to correct the remaining portions of Surfaces.
- This limited warranty does NOT cover any additional or supplemental repairs or modifications required to perform the warranty work. For example, it does NOT cover removal of tile or cabinetry or damage to drywall required for removal, replacement or repair of stone surfaces.
- This limited warranty does NOT cover damage to stone or surrounding elements resulting from a delayed reporting of a covered warranty defect.
- This warranty is void if any alterations are performed by customer or third party after contracted work.
- This limited warranty does NOT cover products that have not been paid for in full.
- This limited warranty shall govern the liability of SRS & supersedes any terms or conditions of Buyer’s purchase order or invoice.
For more information about our warranty, please contact: Solid Rock Surfaces, 14203 W. 158th Terrace, Olathe, KS 66062. Our phone number is (913) 687-2044. Please feel free to call anytime.