For purposes of this agreement, “company” and/or “TRT” refers to Total Restoration Team LLC, “Service(s)” and/or “Product(s)” refers to the product(s), equipment, service or services provided by the company. The terms “we,” “us,” and “our” refer to the Company. “Client”, “customer”, “Your” and “You”, refer to the client.
The following Terms of Service apply for all work requested, and/or agreed upon, and/or completed, and/or contracted with the Company.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications.
This agreement is in effect as of July 11, 2022.
Residential Paver Sealing Warranty:
Company warrants this application against defects in workmanship or material failure such as cracking, peeling, or turning yellow as follows:
For one (1) year from the date of the completion of the sealer application, Company offers a “water bead guarantee” and will repair at no charge all defects deemed by Company due to workmanship or materials.
Important: This warranty excludes damages caused by failure of any previous coating/sealer, failure of the substratum, or damage caused by customer abuse or neglect. NO WARRANTY IS OFFERED OR HONORED FOR ANY SURFACE THAT WAS PREVIOUSLY SEALED AND NOT FULLY STRIPPED BY TRT PRIOR TO SEALING. Company may offer a single pass or “quick strip” option at a lower rate than standard stripping rates. If the client elects to use a single pass or “quick strip” process no warranty will be offered or honored for that surface. Slate, Flagstone, or any other natural stone which the customer requires or requests to be sealed is not covered by the warranty. “Efflorescence” is not covered by this warranty, but is occasionally covered by the builder or contractor that installed the surface. According to the “ICPI” (interlocking concrete pavement institute), efflorescence is a natural process, in which a random white haze may appear on the surface of the brick, which is caused by lime or a water soluble calcium oxide that rises to the surface after repeated saturations due to rain or sprinklers. Efflorescence does not affect the integrity of the bricks and will usually resolve itself with time and exposure to the elements. The proper sealing of concrete brick pavers can either retard or stop completely the efflorescense process due to the moisture protetion achieved by the sealing process. However, this warranty does not state or imply that efflorescence will stop as a result of the sealing process.
In addition, some brick pavers lie in a heavily moisture ridden substratum (due to improper drainage) which may cause the bricks to retain moisture and cloud the bricks as well as cause growth of mold/mildew. Only proper drainage will correct the problem and is not the responsibility of the company.
The customer understands and agrees that the sealing is only as good as the quality and condition of the surfaces being sealed. No claim is expressed or implied that we can totally remove all stains prior to application. Many stains like paint, oils, efflorescence, and others are set deep into the pores of the bricks. Some stains can only be removed by having the bricks replaced manually. In addition, no claim is implied on how long the sealer will last as condition, quality, weather, exposure to elements, traffic, and how well the pavers are maintained by the customer can effect durability. During the course of normal use as well as installations exposed to driving winds or runoff your pavers may lose some joint sand that can be simply replenished with dry sand. The paver sand may settle in some areas to the bottom of the paver joint and is to be expected in some areas. In addition as a result of heavy rainfall, as well as direct contact from pressure washing, water hoses, and sprinklers, some of the joint sand may become loose or wash out. This is normal and cannot be avoided and the company makes no commitment or no guarantee that this will not happen nor will the company pay for sand replacement or provide the replacement ourselves if it does occur. Note that sealed surfaces can be slippery in some cases even if “slip inhibitor” is applied. Customer agrees to hold company harmless in regards to slipping or any damages or injuries associated with slipping on any sealed surface.
“Shine” or “sheen” or “enhancement”: Some pavers are much more porous than others. Even inconsistency on the same surface can occur from one paver to another which can impede the level of “sheen” or “shine” or “enhancement” a surface can have. TRT does not in any way guarantee your pavers will hold a high shine, sheen, or enhancement or any shine, sheen, or enhancement at all, as it is paver by paver dependent. We do offer an additional high gloss additive that is an additional coat over your sealed surface which has been known to increase the shine drastically, although we cannot guarantee it will in every instance, this service will include an additional cost to the customer. In addition, no claim is implied on how long the sealer will last (condition, quality and how well the pavers are maintained can affect durability).
“Hot Tire” We cannot guarantee or warranty that your sealed surfaces will not get tire marks. In most tires, there is a compound called ‘plasticizer’ which is designed to slightly melt from friction heat and gum up your tires to increase traction, oftentimes, this rubbery material may transfer on to some sealed paver surfaces. Additionally, ride on lawn mower tires may transfer rubber tire marks onto the sealed surface. These markings, damages, discolorations, or any other effect from tires are not covered by any warranty that is provided by TRT.
“Weeds and Insects” TRT cannot guarantee insect intrusion, weeds and mold will not return in any amount of time on any application, although we do our best to retard the growth of mold and weeds, there is no way to warrant the surface of weeds or mold.
To maintain your warranty, TRT requires an inspection and maintenance cleaning conducted by one of our company or a company approved by TRT every 6 months for the life of the warranty given, cost will be based upon the square footage of the surface under warranty. Approval for a 3rd party to conduct the inspection and cleaning must be received in advance and in writing from TRT. There is no guarantee that a 3rd party will be approved by TRT. TRT reserves the right to refuse to approved any 3rd party for any reason. At an additional fee maintenance plans are available from TRT to ensure that these maintenance cleanings are done on time to keep the warranty in good standing upon request.
Client gives TRT the right, ability, and accessibility to use the water source on location for all work to be performed without compensation for water use to be paid to the customer. It is standard industry practice to keep the water running in our buffer tanks to keep our machines amply supplied with water. Often this results in water running over the top of the tanks while work is being performed. The customer understands and agrees that this is a normal and acceptable practice and that no compensation will be provided to the customer for any water usage from the site. Client agrees to have water sources functional and provide a water source for the company at the time of the job. Customer agrees to pay for water transport services if they require TRT to transport water for job completion. The minimum water transport charge is $300 per trip; this charge will increase depending on many factors including the availability of water and the distance from our source to the job location. Customer agrees to pay for any water transport fees associated with their. Customer agrees to pay the water transport fee if the company arrives at the jobsite and no water is accessible at the time of arrival.
Limitation of Liability:
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. TRT will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our services or products, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Customer agrees to allow TRT to place a credit card or debit card on file for the purposes of all payment types to the company. Customer agrees to pay a minimum 20% non refundable deposit to secure a spot on the production schedule unless otherwise stated in writing from the company. All terms and conditions for deposit apply to any larger deposit(s) that may be required for certain jobs. Customer understands that final payment in full is due at the time of job completion. Customer agree to pay for any special products that were ordered for their job even if they cancel the installation above and beyond the non refundable deposit which is due at the time of cancellation. If the special products can be returned and refunded to TRT the company will not hold the customer liable for payment of special items minus a $100 admin fee, and/or restocking fees, and/or difference in refund vs purchase price. If payment has not been received within 24 hours of job completion or immediately at the time of cancellation, the client authorizes TRT to process the client’s card for any outstanding balance for the work, parts, supplies, and labor provided. Late charges of $20 per day will be added to the customers total balance due to the company after seven (7) days of non-payment after job completion unless a variance was agreed upon in writing. The customer agrees to pay the late fee(s) of $20 per day as described in this section. The customer agrees to pay any collection cost incurred by TRT related to the collection process of outstanding balances. Company reserves the right to file a lean on customer’s property if payment if full has not been made at the time of job completion per Florida statute 713.06.
UNLESS OTHERWISE EXPRESSED, TRT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.