Terms and Conditions

The following terms and conditions are made a part of and are applicable to your (“Customer ”) contract (the “Contract ”) with United Floor Coatings, LLC (“United Floor Coatings”). Please read through them carefully and acknowledge your agreement by executing on the signature line at the end. If United Floor Coatings commences any work on the Project (defined herein), Customer shall be deemed to have accepted each of these terms and conditions.

1.      SCOPE OF WORK. United Floor Coatings shall provide all labor and materials, and perform all work necessary for the installation of the floor coating identified in the quote or proposal prepared for and executed by Customer (the “Project ”).

2.        PAYMENT   AND   SCHEDULING.   Upon   execution   of   this   agreement,   Customer   shall  pay  50%  of  the  total  price quoted for work. The remaining balance shall be payable upon completion of the work.

3.        CUSTOMER’S RESPONSIBILITIES.

a. Site Preparation and Condition. Application of the floor coating requires that the work site be clean and free of debris. Customer is responsible prior to United Floor Coatings’ arrival for removal and storage of all items located on the area to be resurfaced and in those areas reasonably necessary for access by United Floor Coatings to perform the work. United Floor Coatings assumes no and Customer expressly absolves United Floor Coatings from any responsibility for damage to any items left on or around the work area. All debris generated at the work site by the installation of the floor coating will be bagged and removed from the job site. This should be considered a construction site during installation up to the time the product has cured.

b. Release. In the event Customer requests assistance moving items from the work area, the decision whether to provide assistance rests in the sole discretion of United Floor Coatings. Customer recognizes (i) that items in the work area may have some value, sentimental, monetary, or otherwise, and (ii) United Floor Coatings is not a moving company and does not have any moving expertise, training, or equipment. Customer hereby releases United Floor Coatings and any of its members, managers, employees, and agents from any and all liability for costs, expenses, or damage to property moved at Customer ’s request, regardless of the person(s) or event(s) causing the damage.

c. Liquidated Damages. If Customer fails to clear the job site prior to United Floor Coatings’ arrival, and either (i) United Floor Coatings does not agree, in its sole discretion, to aid in the clearing process under, or (ii) United Floor Coatings does agree, in its sole discretion, to aid in the clearing process and said process takes more than two hours, United Floor Coatings will be unable to timely proceed with its work, and Customer agrees to pay United Floor Coatings the sum of $250.00 to compensate United Floor Coatings for its labor and mobilization expenses.

d. Curing. The finished floor coating must remain free from all foot traffic for a minimum of 24 hours and vehicular traffic for a minimum of 72 hours. It should also be protected from exposure to the outside elements, including wind and rain, during the curing process, as these may introduce debris and other elements affecting the cure time and/or final finish. Curing times may be affected by temperature and humidity. The floor will feel glass hard when ready. There should be no tacky or sticky feel or appearance. If you have any questions about the product’s readiness for traffic, call before use, and we will answer them. If necessary, we will return ASAP to inspect the installation. It is your responsibility to keep the surface dry and free of spills, leaks, debris, and any traffic during installation and until product has cured. You are responsible for cost of any repairs necessitated by damage caused by spills or traffic from any unauthorized persons or animals during preparation, application, or curing.

4. Site Preparation by United Floor Coatings. Prior to installation of the floor, Customer agrees that United Floor Coatings may apply painters tape or other protective barriers in a good faith effort to protect surfaces adjacent to the floor. Customer agrees to bear the sole responsibility for repair of any damage to these adjacent surfaces, including but not limited to paint, doors, or finishes, resulting from any such activity.

5. CHANGES TO SCOPE OF WORK. Customer may request changes to the scope of work from time to time during the Project. If the requested change(s) necessitate the use of different materials or coating from what was originally ordered, Customer will be assessed the cost of the original and replacement materials.

6. MAINTENANCE. Your coating should provide many years of wear with little maintenance required. Remember, your coating is stain resistant, not stain proof. Clean spills and stains as soon as possible with mild soap, warm water and a soft scrub brush. The sooner, the better. The longer agents other than water are left sitting on the surface, the greater the chance of damage occurring to your finish. Avoid acids and highly abrasive cleaners or agents. If in doubt, call your United Floor Coatings representative before using anything to clean.

7. FINISHES. These are high performance floor coatings designed to protect concrete while providing decorative properties. Minor imperfections or variances may be visible due to inconsistencies in the concrete. This does not affect the integrity or performance of your system.

a. Inspection. Within 36 hours of United Floor Coatings’s completion of the work, Customer agrees to perform an inspection of the Project. Minor visual imperfections such as visible brush strokes affecting less than 5% of the total square footage of the Project are normal and do not necessitate repair. To the extent Customer is dissatisfied with some other visual component of the final coating, Customer will notify United Floor Coatings in writing within __hours/days and provide United Floor Coatings with an opportunity to inspect and make any necessary repairs.

b. Vertical Surfaces. The floor coatings are intended for horizontal applications. The coating may adhere, appear, and perform differently on a vertical edge, particularly where such vertical edges are made of different and potentially more porous materials.

8. LIMITED EXPRESS WARRANTY: Upon full payment, and for so long as Customer owns the building in which the concrete is coated and continuously uses the surface in the manner in which it was being used at the time of application, United Floor Coatings guarantees the interior concrete coating from delamination due to improper surface preparation, faulty installation, or defective materials for [1] year. Peeling /delamination is defined as separation of the product from the concrete substrate. This limited warranty is limited to separation due to improper installation or defective product only. This limited warranty does not include separation due to events such as abusive or concentrated impact, shock, contact with sharp objects, underground water seepage through the substrate, cracking caused by movement of the substrate, or natural disaster or act of God (e.g., earthquake, hurricane, flood, tornado, etc.).

THE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PROJECT. NO IMPLIED WARRANTY (WHETHER OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE CONSTRUCTION, OR OTHERWISE) IS GIVEN ON THE PROJECT. UNITED FLOOR COATINGS HAS NOT AUTHORIZED ANY PERSON TO MODIFY THE TERMS OF THE LIMITED WARRANTY. UNITED FLOOR COATINGS ASSUMES NO LIABILITY OR OBLIGATIONS ON ACCOUNT OF REPRESENTATIONS MADE BY ANY OTHER PERSON.

Customer  hereby  acknowledges  and  understands  that  he  or  she  is  receiving  the  Limited Warranty as the only express, limited warranties for the Project and, as explicitly stated above, all implied warranties are waived.

a. Mitigation of Damages and Notice to United Floor Coatings. Customer has a responsibility to mitigate any damages caused by a defect in labor or materials supplied by United Floor Coatings. Customer must provide notice to United Floor Coatings of any defect that gives rise to a warranty claim no later than thirty (30) days after Customer knows or reasonably should have known of the defect.

b.        Assignment.    This  limited  warranty  is  for  the  benefit  of  Customer  only  and  may  not be assigned nor shall it insure to the benefit of any other person or entity.

9. LATE PAYMENT/DEFAULT. Any payment not made within seven (7) days of its due date shall be considered late and overdue. In United Floor Coatings’ discretion, if payment is not made when due, United Floor Coatings may suspend work on the job until such time that Customer has made all payments due. If Customer makes a late payment and United Floor Coatings accepts such late payment, with acceptance in United Floor Coatings’ sole discretion, such conduct does not modify the terms of this Contract. Customer shall be responsible for all costs of collection, including reasonable attorney’s fees, and interest shall accrue at a rate of 18% per annum on all past due amounts.

10. WAIVER OF INCIDENTAL AND CONSENQUENTIAL DAMAGES. Customer waives all claims to incidental and consequential damages and agrees that the maximum amount of damages recoverable from United Floor Coatings arising from or related to this Contract is the amount Customer has previously paid to United Floor Coatings.

11. ATTORNEYS’ FEES AND COSTS. If any party to this Contract brings a cause of action in litigation or arbitration against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorneys’ fees and costs. The prevailing party is defined as a party plaintiff who obtains an award of at least fifty percent (50%) of the monetary amount sought in its claims or is a party defendant against whom a claim is asserted that results in an award of less than fifty percent (50%) of the amount sought in the claim defended. The court or arbitrator shall determine the prevailing party.

12.    DISPUTE RESOLUTION.

a. Condition Precedent to Bringing a Claim. No formal claim shall be asserted unless the party asserting the claim has first notified the adverse party in writing of the nature of the claim and offered to engage in direct discussions between persons with authority to make a prompt and binding decision with respect to the claim. The discussions shall be conducted in person within fourteen days of the notice at a mutually agreed upon location. In addition, if the parties are unable to resolve their disputes at the in-person meeting, the parties must submit their claim to mediation through a North Carolina certified mediator. The costs of mediation shall be split equally by each party involved in the mediation.

b. Arbitration. All disputes or claims arising from or related to this Contract, including without limitation any claim of fraud, negligence, tort, breach of Contract, breach of Warranty, termination, enforcement, interpretation or question of validity of this Contract, shall be resolved (after the in-person meeting and mediation required above) by binding arbitration conducted by a single neutral arbitrator selected by the American Arbitration Association (“AAA”) under its Construction Industry Arbitration Rules. The AAA’s Construction Industry rules shall apply to the arbitration. Judgment on the arbitration award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator(s) shall award attorneys’ fees and costs to the prevailing party in the arbitration, including without limitation all attorneys’ fees, expert witness fees, and other costs incidental to the arbitration (“Arbitration Costs”). The prevailing party is defined as a party plaintiff who obtains an award of at least fifty percent (50%) of the monetary amount sought in its claims or is a party defendant against whom a claim is asserted that results in an award of less than fifty percent (50%) of the amount sought in the claim defended. If there is a dispute as to which party is the prevailing party, the arbitrator shall award the Arbitration Costs to the party he deems to be the prevailing party.

13. PHOTOGRAPHY RELEASE. Customer hereby grants United Floor Coatings the right to obtain and use photography of the Project for its records. Customer  consents  to United Floor Coatings’ use of the photographs for publication and advertising purposes.

14. ENTIRE AGREEMENT. This Contract shall constitute the entirety of the agreement between Customer and United Floor Coatings with respect to the Project and shall supersede any and all other prior understandings or agreements, written or oral, between the parties with respect to the subject matter described herein.

15.    CHANGES   TO   CONTRACT.      Any   modifications   or   additions   to   this   Agreement   must   be   made   in   writing  and signed by both parties.

16.    GOVERNING  LAW.    This Contract shall be interpreted and governed in accordance with the laws of the State of North Carolina.