LIMITED THREE-YEAR WORKMANSHIP WARRANTY
Nathan’s Painters LLC (“Contractor”) warrants its workmanship for a period of thirty-six (36) months from the date of final billing, subject to the terms, conditions, and exclusions below.
WHAT IS COVERED
◊ Contractor warrants against paint or coating failure caused directly by defective workmanship, including peeling or blistering of coatings applied by Contractor.
◊ For a covered warranty claim, Contractor will provide the labor, paint, and materials reasonably necessary to correct the affected area at no cost to the Owner.
◊ Contractor’s responsibility is limited to correcting the specific covered condition and affected area.
◊ Warranty repairs do not extend or restart the original thirty-six (36) month warranty period.
WARRANTY CONDITIONS
This warranty applies only if:
◊ All amounts due under the contract, including approved extras and change orders, have been paid in full.
◊ The Owner retains the original contract and proof of payment.
◊ The Owner provides written notice of a claimed warranty condition within ten (10) days of discovering it and during the warranty period.
◊ Contractor is given a reasonable opportunity to inspect the condition and, if covered, perform the necessary correction.
◊ The affected area has not been repaired, altered, painted, or otherwise modified by another contractor or person before Contractor has had an opportunity to inspect it, except when reasonably necessary to prevent additional damage.
◊ This warranty applies only to the original customer and property identified in the contract and is not transferable.
INSPECTION AND ACCEPTANCE OF PAINTED SURFACES
◊ Completed painted surfaces are to be evaluated under normal finished lighting conditions, from a normal viewing position, without magnification, and from a distance of at least thirty-nine (39) inches / one (1) meter.
◊ Flashlights, spotlights, phone lights, extreme side lighting, magnification, or inspection from unusually close distances are not appropriate methods for determining whether a painted surface is acceptable.
◊ Minor imperfections or variations that are not visible under normal finished lighting and normal viewing conditions are not considered defective workmanship.
◊ Existing walls, trim, doors, cabinets, and other previously finished surfaces may contain dents, scratches, grain, seams, joints, previous repairs, texture differences, brush marks, or other imperfections.
◊ Unless specifically included in the scope of work, Contractor does not warrant that existing surfaces will appear identical to new materials or achieve a factory-new finish.
◊ New cabinet doors or drawers installed with older cabinet boxes or frames may differ slightly in surface texture, profile, smoothness, or overall appearance because of differences in age, materials, and construction.
MASKING, TAPE AND EXISTING FINISHES
◊ Proper masking and surface protection are necessary during painting operations and are particularly important when spraying cabinets, doors, trim, or other surfaces.
◊ Spray applications may require professional masking tapes and protective materials with sufficient adhesion to maintain a sealed barrier and prevent paint or overspray from entering adjacent areas of the home.
◊ Contractor may select and use masking tapes and protective materials reasonably appropriate for the work being performed.
◊ Owner acknowledges that masking tape may be applied to hardwood floors, tile, countertops, walls, trim, glass, fixtures, and other finished surfaces when reasonably necessary to perform the work.
◊ Contractor is not responsible for lifting, peeling, delamination, discoloration, or removal of an existing paint, stain, polyurethane, varnish, clear coat, sealer, floor finish, or other coating caused by the reasonable application or removal of masking tape or protective materials.
◊ This specifically includes polyurethane, stain, clear coat, or other finishes on hardwood flooring that release, lift, or separate when masking tape is removed.
◊ Failure of an existing finish during normal masking may result from inadequate adhesion, deterioration, contamination, age, improper prior preparation, previous refinishing, incompatibility between coatings, or another pre-existing condition outside Contractor’s control.
◊ Owner must inform Contractor before work begins of any flooring or other surface that has been recently refinished, stained, sealed, coated, repaired, or is otherwise known to be delicate or require special protection.
CRACKS, SETTLEMENT AND BUILDING MOVEMENT
◊ Contractor will prepare and repair cracks only to the extent specified in the scope of work.
◊ Repair of a crack does not guarantee that the crack will not return.
◊ Homes naturally move, expand, contract, and settle. Drywall, plaster, wood, trim, cabinets, molding, and adjoining building materials may move because of temperature, humidity, seasonal changes, framing movement, foundation movement, or normal settlement.
◊ Reappearance of cracks, nail pops, joint separation, or similar conditions caused by movement, expansion, contraction, or settlement is not considered defective workmanship and is not covered by this warranty.
CAULKING
◊ Caulking is a flexible maintenance material and is subject to movement, shrinkage, cracking, and separation over time.
◊ Caulk cracking or separation caused by movement of adjoining surfaces, temperature changes, humidity changes, seasonal movement, expansion, contraction, or settlement is not considered defective workmanship.
◊ This is particularly common at crown molding, ceiling joints, trim joints, cabinets, baseboards, and other areas where different building materials meet.
◊ Temperature differences near ceilings and exterior walls may contribute to movement and separation of caulk joints.
◊ Failure caused directly by improper initial application may be corrected by Contractor. Recurrent cracking or separation caused by movement of the structure or adjoining materials is not covered.
TOUCH-UPS AND COLOR MATCHING
◊ Contractor does not guarantee an exact color, sheen, or texture match when performing future touch-ups or warranty repairs.
◊ Paint appearance may change over time because of age, cleaning, sunlight, environmental conditions, manufacturer formula changes, and differences between brushed, rolled, and sprayed applications.
◊ A localized touch-up may remain visible under certain lighting conditions even when the correct paint and color are used.
PAINT AND COATING CURE TIME
◊ Paint, caulk, and other coatings require time to fully cure after application.
◊ Damage caused by cleaning, scrubbing, abrasion, tape, furniture, hardware, objects, or other contact before the coating has adequately cured is not considered defective workmanship.
◊ Owner should follow Contractor’s and the paint manufacturer’s recommendations regarding cure time, cleaning, and use of newly painted surfaces.
CUSTOMER-SUPPLIED OR CUSTOMER-SPECIFIED MATERIALS
◊ Contractor does not warrant the performance, durability, adhesion, coverage, color, sheen, or other characteristics of materials supplied by the Owner.
◊ Contractor does not warrant the performance of materials or products specifically required by the Owner contrary to Contractor’s recommendation.
◊ Manufacturer defects or product failures are subject to any warranty provided by the product manufacturer.
WARRANTY DOES NOT COVER
◊ Failure of paint, primer, stain, polyurethane, caulk, clear coat, or other coatings that existed before Contractor began work.
◊ Failure of an underlying coating or substrate that causes Contractor’s coating to fail.
◊ Defects or failures in paint or materials themselves rather than Contractor’s workmanship.
◊ Exact paint, color, sheen, texture, or touch-up matching.
◊ Stained or varnished surfaces unless specifically warranted in writing.
◊ Galvanized metal or other difficult-to-coat substrates unless specifically warranted in writing.
◊ Moisture intrusion, leaks, condensation, excessive humidity, or moisture within or behind the substrate.
◊ Surfaces designed or constructed in a manner that permits water or moisture to collect.
◊ Bleeding or staining caused by knots, tannins, cedar, rust, water stains, contaminants, or substances within or beneath the substrate.
◊ Structural defects, foundation movement, settlement, expansion, contraction, or movement of building materials.
◊ Reappearance of previously repaired cracks, nail pops, seams, or joints.
◊ Caulk cracking or separation resulting from movement, temperature, humidity, expansion, contraction, or settlement.
◊ Ordinary wear and tear, abuse, misuse, impacts, scratches, dents, abrasion, or mechanical damage.
◊ Damage caused by abrasive cleaning, chemicals, cleaning agents, pressure washing, or improper maintenance.
◊ Damage caused by persons, pets, plants, wildlife, furniture, equipment, decorations, or other objects contacting painted surfaces.
◊ Damage caused by fire, explosion, flood, plumbing leaks, storms, extreme weather, vandalism, alterations, accidents, or other conditions beyond Contractor’s reasonable control.
◊ Stucco, masonry, or other surfaces damaged by water intrusion, improper drainage, below-grade conditions, lack of proper screed, back-filled retaining walls, construction defects, or corrosion.
◊ Lifting, peeling, or removal of existing polyurethane, stain, varnish, paint, clear coat, floor finish, or other coatings resulting from the reasonable application or removal of masking tape or protective materials.
◊ Work that has subsequently been repaired, altered, painted, or modified by another contractor or person, with respect to the affected area.
LIMITATION OF WARRANTY
THIS WARRANTY IS THE ONLY EXPRESS WORKMANSHIP WARRANTY MADE BY CONTRACTOR AND IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW.
CONTRACTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIRING OR CORRECTING THE SPECIFIC COVERED CONDITION.
TO THE EXTENT PERMITTED BY LAW, CONTRACTOR SHALL NOT BE LIABLE UNDER THIS WARRANTY FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE ORIGINAL CONTRACT PRICE.
THIS WARRANTY MAY NOT BE ALTERED, MODIFIED, OR EXTENDED EXCEPT BY A WRITTEN AGREEMENT SIGNED BY CONTRACTOR AND OWNER.
NOTHING IN THIS WARRANTY IS INTENDED TO WAIVE ANY RIGHT OR OBLIGATION THAT CANNOT LAWFULLY BE WAIVED.