Residential Garages: Floor coating materials (up to a maximum of 5000 square feet) are warranted to the original consumer purchaser as follows: 1) against peeling / delamination from the concrete for as long as the original consumer purchaser owns the home in which the floor coating materials were installed; 2) against staining from incidental spills of oil, transmission fluid, radiator fluid, gasoline, and diesel that are promptly wiped up (within 20 minutes of spill) for a period of ten (10) years from the date of substantial completion of KDHS’ work.
Commercial/Industrial Buildings: Floor coating materials installed in commercial, industrial, or business use buildings (up to a maximum of 5000 square feet) are warranted to the original consumer purchaser against the following conditions for period of three (3) years from the date of substantial completion of KDHS’ work: peeling /delamination from the concrete; staining from incidental spills of oil, transmission fluid, radiator fluid, gasoline, and diesel that are promptly removed.
Exterior Surfaces: Floor coating materials (up to a maximum of 5000 square feet) are warranted to the original consumer purchaser against the following conditions for period of three (3) years from the date of substantial completion of work: peeling /delamination from the concrete; staining from incidental spills of oil, transmission fluid, radiator fluid, gasoline, and diesel that are promptly removed (wiped up within 20 minutes of spill).
Exclusions: This Limited Warranty does not apply to, and KDHS will not be responsible for, normal wear and tear, or any damage to floor coatings or other property caused by improper repairs made or attempted by anyone other than KDHS’ , faulty maintenance, misuse, abuse, neglect, extreme temperatures, staining or peeling caused by cracking of the substrate, defective substrate, hydrostatic pressure or moisture vapor transmission levels greater than eight (8) lbs, battery acid, brake fluid or other industrial fluid, or as a result of any accident, casualty, or natural disasters.
This limited warranty is non-transferable and applicable only to the owner of the property at the time of contracting. Warranty repairs do not constitute an extension of the original warranty period for the original installation or any specific component or part thereof. This limited warranty against hot tire markings and staining from oil, transmission fluid, radiator fluid, gasoline, and diesel specifically DOES NOT APPLY to ANY SOLID COLOR garage floor coatings.
Purchaser’s Exclusive Remedy and Limitation on Liability: The foregoing Limited Lifetime Warranty will be the consumer purchaser’s sole and exclusive remedy against KDHS, whether in contract, under statute (including provisions as to the conditions as to the quality or fitness for any particular purpose of goods supplied pursuant to the contract of sale), warranty, tort, strict liability or any other legal theory.
DISCLAIMER
THIS EXPRESS LIMITED WARRANTY IS THE ONLY WARRANTY GIVEN BY KDHS WITH RESPECT TO THE SERVICES, PRODUCTS, AND MATERIALS PROVIDED UNDER THIS CONTRACT. KDHS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
KDHS’ liability to consumer purchaser on any claim for loss or damage arising out of, connected with or resulting from the contract of sale, or the performance or breach thereof, or from the design, manufacture, sale, delivery, installation, service, repair or use of the cabinets or floor coatings provided hereunder shall not exceed the price to consumer purchaser of repair or replacement of the defective part or component. In no event shall KDHS be liable for special or consequential damages including, but not limited to, injuries to persons or damage to property, loss of profits or anticipated profits, or loss of use of any property.
This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.