In the event that any Services completed under this Contract fail to conform to any plans, specifications and applicable building code requirements or generally accepted industry standards in effect at the time of the work with respect to form, fit, finish, appearance, durability, functionality and safety as a result of poor workmanship in the Services completed under this Contract, the Contactor will provide necessary labour to remedy these defects at no cost to the Customer.
The Contractor’s workmanship warranty is limited to labour only and excludes ordinary wear and tear or damage caused by improper maintenance, neglect or abuse by the Customer. The Contractor’s workmanship warranty does not cover any other damage or material failure beyond the control of Contractor in relation to the Services completed under this Contract including, but not limited to, damage caused by occurrences, such as settlement of the building, failure of the structure (including foundations and walls), use of incompatible accessories, removal, repair, or re-installation of any Contractor-installed products or components by anyone other than Contractor, normal weathering, corrosive effects of salt air and chemical pollutants, normal fading, deterioration of caulking compounds, fire, flood, lightning, high winds, windblown objects, earthquake, hurricanes, ice dams, icicles and/or ice storms, atmospheric conditions or weather of catastrophic nature, other acts of God, intentional acts, unreasonable use, vandalism or pollution. The Contractor’s workmanship warranty also will not apply to damages resulting from the failure of the Customer to provide reasonable maintenance, including failure to clean the product or maintain sealing, painting and/or caulking as reasonably necessary nor existing and/or developing spore or mould growth.
The Contractor’s workmanship warranty will apply as long as the Customer owns or leases the property at which the Services are performed; however, if the Customer engages any other contractors to perform subsequent work or repairs on any materials or equipment installed by the Contractor as part of the Services, the Contractor’s workmanship warranty coverage in respect of these materials or equipment will be null and void.
The Customer acknowledges that any latent defects in any materials or equipment installed by the Contractor as part of the Services will be the responsibility of the Customer to pursue with the supplier of the material in accordance with any warranties provided by the material supplier.