This Warranty is offered by KOREKOTE®, hereinafter referred to as “Manufacturer”, to the original purchaser of KOREKOTE® coating products, hereinafter referred to as “Buyer”, and is subject to the following terms and conditions:
1. COVERAGE The authorized KOREKOTE® Applicator identified in this certificate warrants that the project described herein has been coated by the Applicator with the KOTEKOTE® polymer, two part epoxy resin finish coat system in full compliance with the Manufacturer’s recommendations and specifications and contains solely those undiluted products recommended and provided by Manufacturer for application to the project identified herein. Manufacturer warrants KOREKOTE® coatings against cracking, blistering, peeling or detaching from the outermost surface material to which KOREKOTE® coating was originally applied by Applicator for as long as the original Buyer owns the project within the warranty period.
Manufacturer shall warrant the coating product for a period of up to 10 years under the terms and conditions as set forth herein. Coverage under this Warranty shall extend only after Applicator and Manufacturer have received payment in full for the services and materials provided to Buyer.
2. LIMITATIONS AND EXCLUSIONS Manufacturer does not warrant against: · Damage to or failure resulting from any attachments to the project such as fittings, skimmers, piping, lighting fixtures, wiring, rails, ladders, slides, jump boards or any other accessories. · Damage to or failure resulting from any attendant structures to the project such as decks, waterfalls, fountains, or spas. · Failure resulting from improper installation. · Repairs made by any other party other than an authorized representative of the Manufacturer. · Labor costs of any kind. · Fading, staining, discoloration or in any manner changing the appearance of the top coat surface. · Discoloration or deterioration caused by abnormal use or negligence. · Any damages caused or contributed to by accident, negligence, abuse, misuse, act of God, or act of nature (including, but not limited to, flooding, fire, settling of soil, or shifting of earth) or other conditions beyond our control. · Any damages caused by Buyer’s failure to provide reasonable and necessary maintenance to the project. The Applicator and Manufacturer assume no liability for any bodily injuries resulting from the installation of the coating product. Under no circumstances shall the Applicator or Manufacturer be liable to the Buyer or any other person or entity for any special or consequential damages, whether arising out of breach of warranty, breach of contract or otherwise. Some states may not permit some exclusions or limitations of incidental or consequential damage, therefore, these limitations may not apply.
3. NOTIFICATION In the event of discovery of a potential Warranty claim condition, Buyer must notify Manufacturer within fifteen (15) days of discovery in writing. Such notification must be sent via registered U.S.P.S. mail to the address listed on this Warranty.
4. PERFORMANCE Subject to the conditions herein contained and within the warranty period and in the event of failure caused by faulty materials, Manufacturer (or its authorized agent) shall provide replacement coating material sufficient to remedy the failed area. Such replacement of the product originally installed shall be the sole remedy within the Warranty period and will be FOB manufacturers plant.
5. TRANSFERABILITY This Warranty extends only to the original Buyer of the coating for the project within the warranty period and is non-transferable or assignable.
6. THIS WARRANTY IS EXCLUSIVE. THERE ARE NO WARRANTIES EXTENDING BEYOND THOSE DESCRIBED IN THIS DOCUMENT, EITHER WRITTEN, ORAL, OR IMPLIED. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. WARRANTY REGISTRATION The attached Warranty Registration Card must be completely filled out by the Buyer and Applicator and returned to the Manufacturer within fifteen (15) days of the application of the final KOREKOTE® surface finish coating. Failure to return the Warranty Registration Card will render this Warranty null and void.
9. DISPUTES All parties to this Warranty agree that any and all disputes that may occur regarding the performance of this Warranty shall be settled by binding arbitration conducted pursuant to a recognized arbitration association selected by Manufacturer. All parties agree that the arbitration proceedings to resolve any and all such disputes shall be conducted in the city where the Manufacturer is located.