📝 Warranty Disclaimer & Agreement Acoutera
The 1-year warranty coverage will be effective only if the clients sign the warranty agreement with Acoutera. The warranty is defined in the warranty agreement and is in lieu of any other warranty, expressed or implied. Any implied warranties, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, habitability, and any UCC warranties are waived.
Limited Warranty Agreement
This warranty is in lieu of any other warranty, express or implied. Any implied warranties, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, habitability, and any UCC warranties are waived.
This warranty shall be null and void and Acoutera shall not be liable for any damages or expenses, if the owner causes the damages to the material/the work, or if the owner does not first grant Acoutera access to the premises and the opportunity of Acoutera to inspect, correct, or replace alleged defective items, before Owner incurs expenses or has work done by a replacement Acoutera/renovation service provider.
Contractor or Renovation Service Provider: _____________________________________
Address of Project:
Acoutera is pleased to provide a warranty as follows:
WHAT IS COVERED
Acoutera warrants that the improvements constructed are reasonably free of defects and within customary tolerances of the construction industry. "Customary tolerances of the construction industry" means tolerances common and expected in the construction industry and guaranteed to be performed by a skillful and professional contractor. This warranty covers work under customary tolerances for all subcontractors and other tradespeople under contract with Acoutera, including the employees of Acoutera.
Acoutera further warrants and guarantees that the work reasonably conforms to the requirements of the contract documents, drawings, plans, and specifications. If any defects are found, Acoutera will be responsible for repairing or replacing any of the alleged defective work at no cost to the Owner. The work to be corrected will be a particular part or area that is defective. Acoutera shall start corrective work within a reasonable time after written notice from the owner. Acoutera shall have the option of repairing or replacing, at its election.
TERM OF WARRANTY-ONE YEAR
This Warranty, as well as the statute of limitations for any claim of damages for defective work or materials, is one year from substantial completion, defined as the earlier of:
1) the date of final acceptance by the building inspection department, or
2) the date that the final payment is received from the homeowner.
If Acoutera performs warranty work within this period, this warranty shall be extended to the repaired or replaced work itself and be covered for one year after completion, as to that specific work.
This warranty applies to the original owner and may be transferred to any subsequent owner within the initial one-year period after substantial completion.
EQUIPMENT, MATERIAL, AND APPLIANCES
Acoutera hereby assigns (to the extent they are assignable) and conveys to Owner all manufacturers' and suppliers' warranties, together with operating instructions if available, on all goods, material, equipment and appliances provided to Acoutera.
Acoutera has provided certain material, equipment, appliances, and goods that have been manufactured and/or furnished by third-party vendors, supply houses, lumberyards, distributors, and manufacturers ("products"). Acoutera will use its best efforts so that such products are new and purchased from reputable suppliers. Acoutera also agrees to have such materials properly installed.
In the event that a product is considered defective by the Owner, Acoutera shall use its best efforts to contact the supplier or manufacturer to receive a free replacement. Acoutera shall then, within a reasonable time, have that new product installed without charge.
Acoutera did not manufacture such products. Acoutera warrants the services and workmanship provided by its subcontractors only. Accordingly, Acoutera cannot warrant or guarantee these products themselves. Acoutera will not be liable for latent defects in any product (not observable on reasonable inspection). Owner's sole remedy for defective products, other than the obligation of Acoutera to replace same, is against such third party vendors and their warranties, if any. This limitation still applies and a warranty is not deemed made, even if Acoutera has furnished Owner with product brochures, literature, or samples. Nor shall Acoutera be liable for dangerous products, design defects in products, or defective warnings. However, Acoutera shall lend assistance in settling any claim resulting from defects in these products.
HOW TO OBTAIN SERVICE
If a problem develops during the warranty period, Owner shall notify Acoutera in writing of the specific problem. Owner shall give such notice promptly after first discovering the condition. Acoutera will begin performing the obligations under this warranty within a reasonable time of receipt of such a request and will diligently pursue these obligations.
Repair work will be done during Acoutera's normal working hours, except where delay will cause additional damage. Owner also agrees to provide the presence (during the work) of a responsible adult with the authority to approve the repair and sign an acceptance of repair on completion.
There shall be no charge for the costs and expenses of examination or inspection by Acoutera, whether not a defect is found or later repaired or replaced. The work will be done either by Acoutera's crew or whatever competent workmen or subcontractors are designated by Acoutera.
Acoutera has sole discretion as between repair or replacement. All efforts shall be made for a reasonable match, and to repair or replace in the event the original item is no longer available.
With respect to any claim asserted by Owner, it is understood there is no right to recover or request compensation for: incidental, indirect, special, consequential, secondary, or punitive damages; loss of use; diminution in value; rental costs; moving costs; delay in occupancy; construction, mortgage, loan, or line of credit interest charges; mortgage interest rate increases; lost profits or income; medical costs; damages for mental distress, aggravation, personal injury; or pain and suffering. Owner should notify Acoutera within a reasonable period after first knowledge of a problem, not to exceed 60 days. To be covered, the physical signs of the problem must be observable and have started to cause damage before the one-year period expires.
WHAT IS NOT COVERED
This limited warranty does not cover the following items:
- Damage or defects caused by the failure to maintain any item or keep it in good working order.
- Damage resulting from fire, freezing, storms, electrical malfunction or surge, lightning, earthquake, pest damage, acts of God, or other unforeseen causes or accidents.
- Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance.
- Damage resulting from your failure to observe any operation instructions furnished at the time of installation.
- Any item furnished, installed, modified, altered, or repaired by you or any other person other than Acoutera.
- Problems that arise in an attempt to match existing materials. There are limitations inherent in the matching of existing materials such as stucco, drywall, paint, wood, tile, flooring, concrete, and the like. Exact duplication in matching, texture, and colour cannot be guaranteed. Variations within industry tolerances will be considered acceptable.
This warranty constitutes the entire integrated agreement and understanding of the parties as to any causes of action for losses, expenses, or damages under warranty, workmanship, or construction material/product defect issues, and supersedes as well as preempts any oral statements or representations by Acoutera or its agents, before or after signing the contract.