The warranty set forth below is conditioned upon Owner having paid in full all sums due under this Agreement, including any extras. Unless otherwise agreed by both parties in writing, the sole warranty of the work shall be as follows: Contractor warrants workmanship for a period of two (2) years from the final billing. If paint failure appears during the warranty period due to improper workmanship, Contractor will supply labor and material to correct the condition. Responsibility is limited to correcting the condition as indicated above. Any claim under this warranty must be made by delivering written notification to Contractor within 10 days of discovery of such condition. This warranty excludes, and in no event will Contractor be responsible for damages caused by accident or abuse, temperature changes, settlement or moisture, cracks caused by expansion and/or contraction. This warranty does not include surfaces that are stained, walk-on, wood sills and horizontal mullions, sun-exposed varnish, below screed, stucco walls damaged by water due to lack of screed, back-filled retaining walls and metal. Cracks in existing surfaces will be properly prepared as indicated at time of job, but re-emergence of such cracks will not be covered under this warranty.
THIS WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY CONTRACTOR AND THERE ARE NO OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY THE PARTIES. THE WARRANTY ALSO CONSTITUTES THE OWNERS EXCLUSIVE REMEDY AGAINST CONTRACTOR INCLUDING THE ALLEGED NEGLIGENCE OF CONTRACTOR AND CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DELAY OR OTHER DAMAGES.