1. Terms of Warranty: Increte of Houston, further referred to as "Contractor", warrants that all work shall be free of defects in material and workmanship for a period of one (1) year when subject to normal use and care. Upon written notice within that period, Contractor will remedy any such defects without charge, provided Owner has complied with all of the terms of this Contract, including full payment of the contract amount and any duly agreed change orders.
2. Cracks and Exclusions of Warranty: Due to the inherent movement of the ground, Contractor only warrants against structural cracks exceeding industry standards. Cracks greater than 1/4 of an inch displacement (either height or gap) will be repaired, at Contractor's discretion, by filling, patching or removal and replacement of damaged section(s). Hair line cracks or shrinkage cracks are not covered in warranty. Unless specifically stated in Contract. There is no warranty against ponding. Water may pond on concrete surface for up to 24 hours. Contractor does not warrant against discoloration from efflorescence caused by naturally occurring gypsum, salts or calcite.
3. Damages from Natural Causes: Contractor shall not be responsible for damage resulting from natural causes or Acts of God, including earthquake, ground swells, inundations of drought or flood, any ground and or hillside motion, landslide or any natural or accidental cause of perils resulting from storms, flood, war, riot or freeze damage.
4. Stamped and Colored Concrete: Installation of decorative concrete requires skill and results are dependent on a large number of environmental factors. Contractor will provide the best workmanship possible but, offers no guarantee of color or stamp or texture matching to any other concrete or color. Some variation in color and stamp consistency is to be expected.
5. Improper Maintenance. Defects or failures of concrete or concrete finish caused by mistreatment, neglect or improper maintenance shall be repaired at the Owner's expense. The Surface Maintenance Instructions below are hereby made a part of the Contract. All warranties shall become void, if during the warranty period, work is performed on the concrete or its substrate by anyone not authorized by the Contractor.
6. Damage from Masking Materials. Contractor will exercise reasonable care when masking materials are applied and removed, however, some loose paint may be damaged and the Contractor is not responsible for such damage.
7. Property Lines. Owner shall be responsible for the work being done within Owner's property lines and in conformity with local zoning ordinances. The site shall be clear of easements, or setback restrictions, and Owner shall hold Contractor harmless from any liability to Owner or third persons such as work beyond said property lines.
8. Site Preparation. Owner shall be responsible for site preparation, including removal or protection of all personal property in the area to be worked. Contractor shall not be responsible for removal or replacement of said items. Owner is also responsible for protecting the work from damages due to sprinklers, pets, children, servicemen etc. both during and after the concrete pouring process.
9. Water and Electricity. Owner agrees to furnish Contractor with water and electricity necessary for the installation of the new concrete.
10. Nonpayment. Contractor reserves the right to stop work at any time if customer defaults upon duly agreed payment schedule until such time as past due payments for this contract are brought current. Such work stoppage shall not constitute grounds for any breach of contract. If collection action is required, Owner shall be responsible for legal interest and reasonable attorney's fees incurred therein.
11. Mandatory Arbitration. Contractor and Owner hereby agree that all controversies, claims or disputes between them arising out of or relating to his Contract, or the breach thereof, including without limitation, contract, tort or controversies, claims or disputes, shall be arbitrated in Houston, Texas in accordance with the BBB Care Program of the Better Business Bureau and the BBB Rules of Arbitration (Binding), Demand for arbitration may be made no later than the time such action would be permitted under the applicable Texas stature of limitations. Each party shall pay their own arbitration expenses, including, but not limited to, arbitration fees, attorney's fees and experts fees. Judgment upon any award rendered by the arbitrator(s) may be entered in to any court having jurisdiction.