1. Limited Warranty : For 10 years, commencing from the date of the pour for your concrete, there will be no “Major Cracking, Scaling, Pitting, and Spalling or Major Poput” due to defective materials or workmanship.
2. Definitions : “Other exterior concrete” includes patios, sidewalks, and other exterior flatwork. “Major Cracking” means cracks wider than 1⁄2 inch that: *in total length, are more than 30% of the length of all of the joints in your driveway or other exterior concrete; or * in any parcel, the total length is more than 30% of the perimeter length of the panel. “Major Scaling, Spalling, pitting, cracks” means any substantial surface disintegration that occurs at the surface of the driveway or other exterior concrete that covers more than: *10% of the surface area of your driveway or other exterior concrete; or *25% of any panel of your driveway or other exterior concrete. “Major Pop-out” means more than 50 conical breakouts per 100 square feet in the concrete surface from fractured aggregate pieces.
3. Exclusions : This limited warranty does not apply to damage resulting from *abuse of your driveway or other exterior concrete *not any purpose other than residential purposes *fire, flood, earthquake, defective subsurface or other act of God * altering areas near your driveway or other exterior concrete so that drainage or water runoff undermines your driveway or other exterior concrete *the growth of trees (including roots) or plants near your driveway or other exterior concrete * Scaling , spalling , pitting, cracks, or pop outs other than major scaling, spalling or pop outs *Contact between your driveway or other exterior concrete and vehicles, foreign objects, animals or persons (other than contractor) during the 3 day period after your driveway or other exterior concrete is installed *Cracks other than major cracks *discoloration or stains * any settlement or shifting from installation or repair of utility trenches near your driveway or any other exterior concrete at the point where it meets a garage or car port slab. Also, uniformity in the color of a driveway or other exterior concrete may vary within the same pour or when repaired or replaced. This warranty will not guarantee uniformity in color.
Concrete that is within three feet of any apron edge is susceptible to major cracking, breaking, heaving, and other damage due to the properties of concrete reduced tensile strength. While we stand behind the quality of our work, damage caused to these areas by general use cannot be guaranteed and thus is not covered by our warranty. This includes driveway entries and driveway entry corners.
4. Remedy :
5. Disagreement : If you and Contractor cannot agree on any item pertaining to the execution of this Limited Warranty, you and the Contractor agree to abide by the following dispute resolution procedure: Any party shall submit their disagreement to a binding arbitrator. The Arbitration Panel will hear the disagreement and render a decision. All parties agree to abide by the decision of the Arbitration Panel and will consider the decision as final.
6. Limitation of Liability; Disclaimer. In no event will the Arbitration Panel be liable to you for anything that you or the Contractor may or may not have done. It is understood and agreed that the Contractor’s liability whether in contract or tort, under any warranty, in negligence or otherwise shall not exceed the return of the amount of the purchase price paid by the purchaser, or at the option of the Contractor for repair or replacement, and under no circumstances shall the Contractor be liable for special, punitive, exemplary, indirect, or consequential damages.
7. No Other Warranties : There are no other warranties, expressed or implied concerning your driveway or other exterior concrete.
8. Transfer : You may assign this Agreement once to any purchaser buying the property on which your driveway or other exterior concrete is located. However, the purchaser that buys the property on which your driveway or other exterior concrete is located will assume this Agreement subject to your prior actions or inactions, and will have no greater rights that you would have had under the Agreement had you not sold the property on which your driveway or other exterior concrete is located. This warranty is not assignable to any third or subsequent purchaser or any other party.
10. Water retention or water damage to the home: Concrete patio is to be replaced to ACI (American Concrete Institute) standards of water drainage fall to prevent water from collecting in puddles (greater than 18 inches in diameter or deeper than 1⁄2 inch) or backflow towards the house. Any water damage that occurred after the back patio's construction as a patio drainage issue is covered under the terms of this contract for replacement. Waterproofing will be covered for a term of 5 years.
State of Florida Warranty Only
1. Limited Warranty : For 3 years, commencing from the date of the pour for your concrete, there will be no “Major Cracking, Scaling, Pitting, and Spalling or Major Poout” due to defective materials or workmanship
2. Definitions : “Other exterior concrete” includes patios, sidewalks, and other exterior flatwork. “Major Crackingmeans cracks wider than 1⁄2 inch that: *in total length, are more than 30% of the length of all of the joints in your driveway or other exterior concrete; or * in any parcel, the total length is more than 30% of the perimeter length of the panel. “Major Scaling, Spalling, pitting, cracks” means any substantial surface disintegration that occurs at the surface of the driveway or other exterior concrete that covers more than: *10% of the surface area of your driveway or other exterior concrete; or *25% of any panel of your driveway or other exterior concrete. “Major Pop-out” means more than 50 conical breakouts per 100 square feet.
3. Exclusions : This limited warranty does not apply to damage resulting from *abuse of your driveway or other exterior concrete *not any purpose other than residential purposes *fire, flood, earthquake, defective subsurface or other act of God *altering areas near your driveway or other exterior concrete so that drainage or water runoff undermines your driveway or other exterior concrete *the growth of trees (including roots) or plants near your driveway or other exterior concrete * Scaling , spalling , pitting, cracks, or pop outs other than major scaling, spalling or pop outs *Contact between your driveway or other exterior concrete and vehicles, foreign objects, animals or persons (other than contractor) during the 3 day period after your driveway or other exterior concrete is installed *Cracks other than
major cracks *discoloration or stains * any settlement or shifting from installation or repair of utility trenches near your driveway or any other exterior concrete at the point where it meets a garage or car port slab. Also, uniformity in the color of a driveway or other exterior concrete may vary within the same pour or when repaired or replaced. This warranty will not guarantee uniformity in color.
Concrete that is within three feet of any apron edge is susceptible to major cracking, breaking, heaving, and other damage due to the properties of concrete reduced tensile strength. While we stand behind the quality of our work, damage caused to these areas by general use cannot be guaranteed and thus is not covered by our warranty. This includes driveway entries and driveway entry corners.
Pop-out 4. Remedy
c. Repair or Replacement: If Major Cracking, Major Scaling, Pitting or Spalling or Major Pop out, which is the subject of the notice, occurred within 2 years of the completion date due to defective materials or workmanship, the Major Cracking, Major Scaling, Pitting, or Spalling or Major Pop outs will either be repaired or the damaged part of your driveway or the exterior concrete will be replaced. This will be carried out at no charge to the
homeowner. Your Contractor will have the right to choose between repair or replacement.
5. Disagreement : If you and Contractor cannot agree on any item pertaining to the execution of this Limited Warranty, you and the Contractor agree to abide by the following dispute resolution procedure: Any party shall submit their disagreement to a binding arbitrator. The Arbitration Panel will hear the disagreement and render a decision. All parties agree to abide by the decision of the Arbitration Panel and will consider the decision as final.
6. Limitation of Liability; Disclaimer. In no event will the Arbitration Panel be liable to you for anything that you or the Contractor may or may not have done. It is understood and agreed that the Contractor’s liability whether in contract or tort, under any warranty, in negligence or otherwise shall not exceed the return of the amount of the purchase price paid by the purchaser, or at the option of the Contractor for repair or replacement, and under no circumstances shall the Contractor be liable for special, punitive, exemplary, indirect, or consequential damages.
7. No Other Warranties: There are no other warranties, expressed or implied concerning your driveway or other exterior concrete.
8. Transfer : You may assign this Agreement once to any purchaser buying the property on which your driveway or other exterior concrete is located. However, the purchaser that buys the property on which your driveway or other exterior concrete is located will assume this Agreement subject to your prior actions or inactions, and will have no greater rights that you would have had under the Agreement had you not sold the property on which your driveway or other exterior concrete is located. This warranty is not assignable to any third or subsequent purchaser or any other party.
10. Water retention or water damage to the home: Concrete patio is to be replaced to ACI (American Concrete Institute) standards of water drainage fall to prevent water from collecting in puddles (greater than 18 inches in diameter or deeper than 1⁄2 inch) or backflow towards the house. Any water damage that occurred after the back patio's construction as a result of the patio drainage issue is covered under the terms of this contract for replacement. Waterproofing will be covered for a term of 2 years.
