Provided below is a list of our working relationship agreement and warranties that will be included with your purchase, unless otherwise stated on the service agreement. No warranties are provided on repairs, labor only agreements, or on owner supplied products.
In no event will AMERISTAIN, its subcontractors, or Client be liable for consequential, incidental, indirect, punitive or special damages, or loss of profits, data, business or goodwill, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose, or otherwise, and even if advised of the likelihood of such damages on any product or services. The warranty period begins at the time of purchase and only after payment has been received in full. Warranty is void if any product or service has been tampered with or worked on by any other persons other than AMERISTAIN.
For any Disputes please Contact Ameristain via Phone at (972) 802-4187 or email us at email@example.com
For Direct Mail:
1490 John Wayne Rd
Kaufman, TX 75142
For any defects or discrepancies in workmanship, do not seek another party prior to contacting Ameristain first. Ameristain must be given the opportunity to correct the problem in house through our production department or you must be given authorization in writing through Ameristain if it is decided going to another party to get the issues corrected is a better solution. If at that time there is no solution we will discuss compensation from Ameristain for damages. If we do not come to an agreement submit your dispute to BBB to remedy.
* REPAIRS WARRANTY - AMERISTAIN - You have the right to inspect the repair prior to payment. Once accepted, there will be no warranty on repairs.
* SEMI TRANSPARENT STAIN WARRANTY - AMERISTAIN guarantees its workmanship for (12 months) and product performance not to exceed (manufacturers warranty). TRANSPARENT AND CLEAR SEALERS ARE NOT WARRANTIED. If the product fails to PROVIDE PROTECTION from rain, U.V. light, and mildew, (NOT INSECTS, SPRINKLER SYSTEMS DAMAGE, FADING, OR OTHER DAMAGES) provided that the wood surface was either new or cleaned prior to the time of installation. AMERISTAIN will either furnish an equivalent prorated amount of stain or refund our original purchase price of the product to you. AMERISTAIN will not be responsible for (1) labor or the cost of labor for removal or application of any product; or (2) any incidental or consequential damages, whether based on breach of express or implied warranty, negligence, strict liability or any other legal theory. AMERISTAIN is not responsible for damage due to acts of nature, or otherwise not related to the construction process during the time of installation. This warranty becomes effective on the date of purchase and only after payment has been received in full. * "At Cost" Staining for life on new fence replacement customers. Just cover the labor and materials, no upcharge. This offer is intended for the customer who purchased the fence and a waiting period of 3 years after fence installation on a 3 year interval. Warranty does not cover pressure-washing or repairs.
* WOOD STRUCTURE WARRANTY - AMERISTAIN guarantees its workmanship for a period of (12 months) on all structures with wood posts and (Lifetime) on all structures with metal posts, (30 days) on cracked, warped or damaged wood that was not the fault of our own (knots are not covered). Within 30 days from installation we will replace cracked, warped or damaged boards. AMERISTAIN will allow for (1) free visit to perform crack repairs. AMERISTAIN will not be responsible for any incidental or consequential damages, whether based on breach of express or implied warranty, negligence, strict liability or any other legal theory. AMERISTAIN is not responsible for damage due to acts of nature, ground movement or otherwise not related to the construction process during the time of installation. This warranty becomes effective on the date of purchase and only after payment has been received in full. * Free Gate "adjustment" for life for new fence customers, (once per year). An adjustment requires no new materials to repair. This offer is intended for the customer who purchased the fence, non-transferable.
* GATE OPERATORS - AMERISTAIN guarantees its workmanship for a period of 1 year. Manufacturers warranty to be implemented on product per their terms. See gate operator manufacturer for details and support. AMERISTAIN is not responsible for the failure of equipment or the replacement. Labor rates apply on replacement of parts and servicing of such parts.
* PRECAST CONCRETE FENCE WARRANTY - AMERISTAIN guarantees its workmanship for a period of (12 months) and 10 years on materials from cracking due to normal weathering, however not due to ground shifting, or other unnatural causes. AMERISTAIN will not be responsible for any incidental or consequential damages, whether based on breach of express or implied warranty, negligence, strict liability or any other legal theory. AMERISTAIN is not responsible for damage due to acts of nature, or otherwise not related to the construction process during the time of installation. This warranty becomes effective on the date of purchase and only after payment has been received in full.
CONCRETE WARRANTY - Exterior Concrete Limited Warranty
1. Limited Warranty: For 2 years, commencing from job completion, there will be no “Major Cracking,” “Major Scaling and Spalling” or “Major Pop Out” due to defective materials or workmanship. For this warranty to be effective, all concrete must be 6 bag mix 4000 psi, Air Entrained.
2. Definitions: “Other exterior concrete” includes patios, sidewalks, and other exterior flat work. “Major Cracking” means cracks wider than ¼ inch that: *in total length, are more than 30% of the length of all of the joints in your driveway or other exterior concrete; or * in any parcel, the total length is more than 30% of the perimeter length of the panel. “Major Scaling and Spalling” means any substantial surface disintegration that occurs at the surface of the driveway or other exterior concrete that covers more than: *10% of the surface area of your driveway or other exterior concrete; or *25% of any panel of your driveway or other exterior concrete. “Major Pop out” means more that 50 conical breakouts per 100 square feet in the concrete surface from fractured pieces of aggregate.
3. Exclusions: This limited warranty does not apply to damage resulting from *abuse of your driveway or other exterior concrete *not any purpose other than residential purposes *fire, flood, earthquake, defective subsurface or other act of God * altering areas near your driveway or other exterior concrete so that drainage or water runoff undermines your driveway or other exterior concrete * the growth of trees (including roots) or plants near your driveway or other exterior concrete * Scaling , spalling or pop outs other than major scaling, spalling or pop outs *Contact between your driveway or other exterior concrete and vehicles, foreign objects, animals or persons (other than contractor) during the 3 day period after your driveway or other exterior concrete is installed *Cracks other than major cracks *discoloration or stains * any settlement or shifting from installation or repair of utility trenches near your driveway or any other exterior concrete at the point where it meets a garage or car port slab. Also, uniformity in the color of a driveway or other exterior concrete may vary within the same pour or when repaired or replaced. This warranty will not guarantee uniformity in color.
A. If you think that your driveway or other exterior concrete has Major Cracking. Major Scaling and Spalling, or Major Pop outs due to defective materials or workmanship, you must notify your Contractor in writing. IF YOU DO NOT NOTIFY THEM WITHIN 90 DAYS AFTER YOU DISCOVER MAJOR CRACKING, MAJOR SCALING AND SPALLING, OR MAJOR POP OUTS, YOUR LIMITED WARRANTY RELATING TO THAT CONCERN IS VOID. TELEPHONING WILL NOT PRESERVE YOUR RIGHTS.
B. Inspection: Once your Contractor receives notification, your driveway or other exterior concrete will be inspected by your Contractor or representative within 30 days to determine if Major Cracking, Major Scaling and Spalling, or Major Pop out has occurred due to defective materials or workmanship.
C. Repair or Replacement: If Major Cracking, Major Scaling or Spalling or Major Pop out, which is the subject of the notice, occurred within 2 years of the completion date due to defective materials or workmanship, the Major Cracking, Major Scaling or Spalling or Major Pop outs will either be repaired or the damaged part of your driveway or the exterior concrete will be replaced. This will be carried out at no charge to the customer. Your Contractor will have the right to choose between repair or replacement.
5. Disagreement: If you and Contractor cannot agree on any item pertaining to the execution of this Limited Warranty, you and the Contractor agree to abide by the following dispute resolution procedure: Any party shall submit their disagreement to the Better Business Bureau of T.X. Dallas for binding arbitration. An Arbitration Panel will be comprised of three (3) persons. These three (3) persons will be selected by the Better Business Bureaus’ standard guidelines for an Arbitration Panel. The Arbitration Panel will hear the disagreement and render a decision. All parties agree to abide by the decision of the Arbitration Panel and will consider the decision as final
6. Time Limitation: All disagreements must be filed with the Better Business Bureau within 6 months of the mailing of the notification form to the Contractor in accordance with the paragraph 4A above.
7. Limitation of Liability; Disclaimer. In no event will the Arbitration Panel be liable to you for anything that you or the Contractor may or may not have done. It is understood and agreed that the Contractor’s liability whether in contract or tort, under any warranty, in negligence or otherwise shall not exceed the return of the amount of the purchase price paid by purchaser, or at the option of the Contractor for repair or replacement, and under no circumstances shall the Contractor be liable for special, punitive, exemplary, indirect, or consequential damages.
8. No Other Warranties: There are no other warranties, expressed or implied concerning your driveway or other exterior concrete.
9. Transfer: You may assign this Agreement one time to any purchaser that buys the property on which your driveway or other exterior concrete is located. However, the purchaser that buys the property on which your driveway or other exterior concrete is located will assume this Agreement subject to your prior actions or inactions, and will have no greater rights that you would have had under the Agreement had you not sold the property on which your driveway or other exterior concrete is located. This warranty is not assignable to any third or subsequent purchaser or any other party.
*AMERISTAIN guarantees workmanship under normal conditions of operation and design for stated warranty period beginning from job start date, limited to product replacement, pro-rated according to warranty specifications listed on our website. *AMERISTAIN has first refusal to correct any errors or to refund prorated amount of estimated costs. *AMERISTAIN has no control over bulk materials, some minor imperfections such as knots, holes, cracks and shrinkage of wood is to be expected. *Guarantee with application of fence sign. *AMERISTAIN will take reasonable precaution and care to protect vegetation, pools, concrete, pavers, homes, auto, etc; however some minor error can be expected. Special or unusual objects or surfaces such as patio furniture, personal property, and vegetation, pets, etc are the responsibility of the homeowner. *AMERISTAIN does its best to move furniture and other property in the way prior to beginning production (we are not responsible for moving items as they may be broken prior to moving) as well as to inform neighbors of their vehicles prior to production, however the Owner acknowledges stain can carry in the wind and takes full responsibility for their personal property and guests property especially with vehicles arriving after production begins. *AMERISTAIN does not act as an authorized agent for permits unless otherwise stated on the contract. *Permits and plans are the responsibility of the owner unless otherwise stated. *Any changes in job conditions or unusual conditions may result in additional charges and are subject to prior approval by the office before work commences. *AMERISTAIN reserves cancellation and refund rights. *AMERISTAIN cannot guarantee that the sample color is an exact color reproduction of the finished product. Color may also vary between product lot numbers. Product brand is dependent upon availability. Colors may have to be matched if another brand is unavailable. *AMERISTAIN has option to change product brand or type as it sees fit to perform services if the Owner is not available to make the decision. *Pricing is based per 2 coat application or manufacturer specifications unless otherwise stated on this agreement. Unforeseen porous surfaces may require additional coatings of which the customer may opt to add on for a fee. *AMERISTAIN guarantees work to be done in a timely manner, but is not responsible for weather, acts of nature, or other conditions beyond our control. *AMERISTAIN's number one priority is safety for its customers and contractors. *No warranty on repairs. *AMERISTAIN will schedule Texas 811 for a line locate, however AMERISTAIN is not responsible for damage to sprinkler system or systems below the ground that are not visible. *Hard rock surfaces during dig will be charged a minimum of $35 per hole additional with a minimum of $500 to cover labor and rental equipment.