Subject to the terms below, we warranty all products provided and services for a period of six months. Any painting work is warrantied for one year.
This warranty is in lieu of any other warranty, express or implied. Any implied warranties, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, habitability, and any UCC warranties are waived.
This warranty shall be null and void and SCV Fix It (hereinafter referred to as Provider) shall not be liable for any damages or expenses, if the Owner does not first grant Provider access to the premises and the opportunity of Provider to inspect, correct, or replace alleged defective items, before Owner incurs expenses or has work done by anyone else.
Provider warrants that the improvements constructed are reasonably free of defects and within customary tolerances of construction industry. “Customary tolerances of the construction industry” means tolerances common and expected in the construction industry and guaranteed to be performed by a skillful and professional contractor or tradesperson. This warranty also covers work under customary tolerances for all subcontractors and other trades people under contract with the Provider, including the crew of the Provider.
Provider further warrants and guarantees that the work reasonably conforms to the requirements of the contract documents, drawings, plans, and specifications. If any defects are found, Provider shall repair or replace any of the alleged defective work at its cost. The work to be corrected will be the particular part or area that is defective. Provider shall start corrective work within a reasonable time after written notice from the owner. Provider shall have the option of repairing or replacing, at its election.
With the exception of painting and unless noted on estimate or invoice, this Warranty, as well as the statute of limitations for any claim of damages for defective work or materials, is six months from substantial completion. If Provider performs warranty work within this period, this warranty shall be extended to the repaired or replaced work itself and be covered for six months after completion, as to that specific work.
All painting work is warrantied for one year from substantial completion. If Provider performs warranty work within this period, this warranty shall be extended to the repaired or replaced work itself and be covered for one year after completion, as to that specific work.
This warranty applies to the original owner and may be transferred to any subsequent owner within the initial warranty period after substantial completion.
Provider hereby assigns (to the extent they are assignable) and conveys to Owner all Manufacturers’ and suppliers’ warranties, together with operating instructions if available, on all goods, material, equipment and appliances provided to Provider.
Provider has provided certain material, equipment, appliances, and goods that have been manufactured and or furnished by third party vendors, supply houses, lumberyards, distributors, and manufacturers (“products”). Provider will use its best efforts so that such products are new and purchased from reputable suppliers. Provider also agrees to properly install such materials.
In the event a product is considered defective by the Owner, Provider shall use its best efforts to contact the supplier or manufacture and receive a free replacement. Provider shall then within a reasonable time reinstall that new product without charge.
If Provider did not purchase products utilized, Provider warrants it’s services and workmanship only. Accordingly, Provider cannot warrant or guarantee these products themselves. Provider will not be liable for latent defects in any product (not observable on reasonable inspection). Owner’s sole remedy for defective products, other than the obligation of Provider to replace same, is against such third party vendors and their warranties, if any. This limitation still applies and a warranty is not deemed made, even if Provider has furnished owner with product brochures, literature, or samples. Nor shall Provider be liable for dangerous products, design defects in products, or defective warnings. However, Provider shall lend assistance in settling any claim resulting from defects in these products.
If a problem develops during the warranty period, Owner shall notify Provider in writing of the specific problem. Owner shall give such notice promptly after first discovering the condition. Provider will begin performing the obligations under this warranty within a reasonable time of receipt of such a request and will diligently pursue these obligations.
Repair work will be done during Providers normal working hours, except where delay will cause additional damage. Owner also agrees to provide the presence (during the work) of a responsible adult with the authority to approve the repair and sign an acceptance of repair on completion.
There shall be no charge for the costs and expenses of examination or inspection by the Provider, whether or not a defect is found or later repaired or replaced. The work will be done either by Provider’s crew or whatever competent workmen or subcontractors are designated by Provider.
Provider has sole discretion as between repair or replacement. All efforts shall be made for a reasonable match, and to repair or replace in the event the original item is no longer available.
With respect to any claim asserted by Owner, it is understood there is no right to recover or request compensation for: incidental, indirect, special, consequential, secondary, or punitive damages; loss of use; diminution in value; rental costs; moving costs; delay in occupancy; construction, mortgage, loan, or line of credit interest charges; mortgage interest rate increases; lost profits or income; medical costs; damages for mental distress, aggravation, personal injury; or pain and suffering.
Owner should notify Provider within a reasonable period after first knowledge of a problem, not to exceed 60 days. To be covered, the physical signs of the problem must be observable and have started to cause damage before the warranty period expires.
This limited warranty does not cover the following items:
This warranty constitutes the entire integrated agreement and understanding of the parties as to any causes of action for losses, expenses, or damages under warranty, workmanship, or construction material/product defect issues, and supersedes as well as preempts any oral statements or representations by Provider or its agents.