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Form #BINFLR_LWA 02.26.25
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Repairs required because of fraud, abuse, negligence, misuse, vandalism, riot, fire, and war.
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Damages due to exposure to extreme weather conditions.
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Expansion, contraction, shifting of the concrete floor substrate that causes damage to or loss of adhesion to the floor product.
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Repairs required because of natural disasters such as windstorms, hail, hurricanes, lightning, earthquakes, flood, fire, acts of God or,
loss that is normally covered by property and casualty insurance.
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Failure due to moisture transmission levels greater than 8 lbs., accidents, casualty, defective substrates, settlement, defects (other
than manufacturer defects), or other failure of the concrete, substrate, or surface over which the products were applied.
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Repairs required due to exposure, damage, or discoloration due to rust or any other corrosive substances such as battery acid,
industrial fluid spills, solvents, oil, gas, diesel, any other corrosive floor cleaning products.
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Impact of foreign objects or physical damage caused by any intentional or negligent acts, accidents, dragging metal furniture, metal
kickstands, tire scuffing, wheel spinning, dry-wheel steering, landscaping, tracked equipment, and studded or traction tires.
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Repairs due to excessive weight applied to the floor surface.
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Normal wear, and tear (including scratches, scuffs, loss of gloss or fading over time).
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Cost of work performed when a Failure is not covered by this Limited Warranty.
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Cost or labor to move any personal possessions.
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Repairs that are covered under a repairer’s guarantee or another service agreement provider’s coverage.
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For fraudulent representations to obtain this Limited Warranty or presenting a claim.
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Incidental or consequential damage, loss of profits, property damage, personal injury, inconvenience, loss of use, commercial loss,
punitive or exemplary damages, attorney fees.
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Bodily injury or damage due to traversing on wet floors.
LIMIT OF LIABILITY
Any repair of a Failure shall not exceed $7.00 per square foot of garage flooring repair. The total of all benefits payable under this Limited Warranty
shall not exceed $7.00 times the Garage Square Foot Applied, as identified on the first page, or $7,000, whichever is less. Benefits are limited to
1,000 square feet of garage flooring. Any amounts over 1,000 square feet and/or non-garage floors are not covered.
NON-CANCELABLE
The Polyaspartic Floor Topcoat System has been permanently applied to Your Residence and cannot be removed. Therefore, this Limited
Warranty is NONCANCELABLE, and the purchase price of the product is non-refundable.
TRANSFERING THIS LIMITED WARRANTY
If there is any other change in the ownership of Your residence, this Limited Warranty will terminate. You may apply for a transfer of the remaining
term under this Limited Warranty to the new owner. This Limited Warranty may only be transferred once. Within 180 days of the change in
Residence ownership, You must notify Us in writing of Your request to transfer this Limited Warranty. You must include the following:
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$100 transfer fee,
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Name and address of the purchaser,
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Copy of the bill of sale or sales contract showing the date at the time of sale,
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Proof of Your transferred coverage under any remaining manufacturer’s warranty to the purchaser of Your Residence.
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We have the right to approve or reject such application. This Limited Warranty may not be transferred more than once, may not be transferred
to another residence, and may not be assigned to anyone other than an individual purchasing Your Residence for residential use.
OBLIGATIONS
Our obligations under this Limited Warranty are guaranteed under a reimbursement insurance policy issued by Virginia Surety Company, Inc.
175 W. Jackson, Chicago, IL 60604, 800-209-6206. If payment due under the terms of this Limited Warranty is not provided by Us within 60 days
after the date You provide proof of loss, You may apply for reimbursement directly to Virginia Surety Company.
ARBITRATION
You agree that any claim, dispute or controversy relating to this Limited Warranty or the relationships which result from this Limited Warranty, no
matter against whom made, including the applicability of this arbitration clause and the validity of the entire Limited Warranty, shall be resolved by
neutral binding arbitration by the American Arbitration Association (AAA) (unless another neutral organization is agreed upon by the parties), under
the Arbitration Rules in effect at the time the claim is filed. Any arbitration hearing at which You appear will take place at a location near Your
residence. Rules and forms related to arbitration may be obtained by contacting AAA at adr.org or by calling Us at (855) 872-3746 or via written
request to Administrator, P.O. Box 768, Warrenville, Illinois 60555. This arbitration agreement is made pursuant to a transaction involving interstate
commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered in any court
having jurisdiction. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE THROUGH A
COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH
ARBITRATION. Recovery of incidental or consequential damage, loss of profits, property damage, personal injury, inconvenience, loss of use,
commercial loss, punitive or exemplary damages, and attorney fees are excluded.