Prodigy Restoration Group (Company) warrants all labor in its contract work with the homeowner (Owner) to be free from defects in workmanship for a period of one (1) year. The limited warranty (Warranty) begins on the date of job completion. The Warranty is given to the original Owner and may be transferred by the original Owner to any subsequent purchaser of the property upon which the contract work is performed. Regardless of the homeowner of the property, the Warranty period will not extend past the one-year period.
This Warranty is strictly limited to contract work performed by Prodigy Restoration Group or its subcontractors expressly for the Owner. In addition, this Warranty shall not apply to any appliances installed by Company for the Owner, although Company shall assign and transfer any applicable manufactures’ warranties to the Owner upon request.
In order to enforce the rights under this Warranty, the Owner should promptly notify Company in writing in detail of the specific item or items which are believed to be covered by this Warranty. Company shall respond to such warranty request within three business days of receipt of same. Any emergency requests will be given immediate attention. If Company finds in its reasonable judgment that the item or items requiring attention are covered by this Warranty, it will promptly proceed to repair or replace the defective materials or workmanship, at its sole cost and expense, except to the extent it finds that such repairs have been made necessary by the negligence or intentional misconduct of the Owner, or any party or parties associated with the Owner.
This Warranty shall be void and shall not apply to any materials which were originally installed by Company, but which were subsequently repaired, adjusted, or modified by an individual or entity other than Company or its authorized representative.
Replacements and/or repairs furnished under this Warranty shall not carry a new warranty, but shall carry only the unexpired portion of the original Warranty provided.
This Warranty does not include: (1) Items that have been subjected to accident, misuse and abuse including damage resulting from lack of Owner maintenance or damage from ordinary wear and tear; (2) Items that have been modified, damaged, altered or worked on by anyone other than Contractor; (3) Items furnished by the Owner for installation; (4) Existing items that are moved or reinstalled; (5) Deviations that commonly arise such as minor concrete, stucco, plaster or drywall cracking; minor stress fractures in drywall due to drying lumber; warping, shrinking and deflection of wood; shrinking and/or cracking of grouts, caulking and fillers; discoloration of any surface due to exposure to weather and sunlight.
Under no circumstances shall Contractor be liable for injury to any person or damage to any property whatsoever by virtue of this Warranty or otherwise. Under no circumstances shall Contractor be liable for any incidental, secondary, indirect, consequential, special or other damages of any nature arising out of the use of or inability to use as a result of a defect in the work performed or the materials and/or equipment installed by Contractor This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
The Owner’s sole remedy (for materials and labor) on all materials that are covered by a manufacturer’s warranty is strictly with the manufacturer, not with the Contractor.
THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITED WARRANTY EXCLUDES CONSEQUENTIAL AND INCIDENTAL DAMAGES AND LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW.
The warranties described above shall be the sole and exclusive warranties granted by Company and shall be the sole and exclusive remedy available to the Owner, or any subsequent holder of this Warranty. Correction of defects, in the manner and for the periods of time described herein, shall constitute complete fulfillment of all liabilities and responsibilities of Company to the Owner, or any subsequent holder of this Warranty, and shall constitute full satisfaction of all claims, whether based on contract, negligence, strict liability or otherwise.
Neither the sales personnel of Company nor any other person is authorized to make any warranties other than those described above or to extend the duration of any warranties beyond the time period described above.