Warranties

Kashmir

I am curious--does anyone use warrnties? and if so what are the guidelines to writing one?anyone has any samples?
There's been a lot said about it and I have never worked for a painter who actually uses one.

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Kashmir :Thumbs:

Teetorbilt

I'm an old guy and consider my word my bond. Word of mouth and references keep me out of the warrantee aspects for the most part.

I have never had a paint failure due to application in 30+yrs. I haven't had a paint failure either but paint has always been a small part of my business.

If I ever was forced to put it down on paper, I would go 3 yrs.

Kashmir

I never heard of a painting warranty myself until I came across an article in "This Old House"...they were using the written warranty as a tool to distinguish from other painters...and they recommended a minimum of 5 year warranty. I like the part with differentiating from others but I have no idea how to write such a warranty. I was wondering if anyone has a sample. My other problem is that I am on an island and the houses around here take a beating from the ocean and all the salt…exterior jobs could last 5 years but it is doubtful—especially if they are right on the water. Anyone with similar experience?

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Kashmir :Thumbs:

Mike Finley

Hope this helps you get started. My warranties are in writing. Funny thing is I haven't had a customer yet who seemed to care about the warranty document I give them after the job. Customers are probably so jaded that they figure to themselves "Good luck ever trying to get something fixed, even if it is in writing."

But I do include a copy of my warranty in my quote just as another selling point. It certainly can't hurt. Make sure you date and sign the warranty so there is no confusion when it expires.


The contractor signatory YOUR BUSINESS NAME HERE ("Contractor") hereby guarantees ___________________________________ ("Owner") that the construction ____________________________________ performed on that certain structure located at __________________________________________________ _____ to be free from defects in material and workmanship for a period of FILL IN THE YEARS HERE years from the date of this document.

This Standard Limited Warranty applies and is limited as follows:
1. To the property only as long as it remains in the possession of the original owner named above.
2. To the construction work that has not been subject to accident, misuse or abuse.
3. To the construction work that has not been modified, altered, defaced, or had repairs made or attempted by others.
4. That contractor be immediately notified in writing within ten (10) days of first knowledge of defect by owner or his agent.
5. That contractor shall be given first opportunity to make any repairs, replacements or corrections to the defective construction at no cost to owner within a reasonable period of time.
6. Under no circumstances shall contractor be liable by virtue of this warranty or otherwise for damage to any person or property whatsoever for any special, indirect, secondary or consequential damages of any nature however arising out of the use or inability to use because of the construction defect.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER APPLICABLE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY MAY NOT BE ALTERED OR AMENDED. THIS WARRANTY DOES NOT APPLY TO ANY DAMAGE TO THE DECK CAUSED BY STRUCTURAL MOVEMENT, PHYSICAL ABUSE, WINDSTORM, LIGHTNING, HAIL OR OTHER CASUALTY OR ACT OF GOD. LIABILITY CEASES IF ANY ALTERATIONS, ADDITIONS OR REPAIRS ARE MADE EXCEPT IN ACCORDANCE WITH SPECIFIC WRITTEN INSTRUCTIONS FROM THE ISSUER OF THIS WARRANTY.

ProWallGuy

Thanks Mike, I'm ripping that one off for my contracts (reworded of course). :Thumbs:

Most paint companys around here offer a one-year workmanship warranty, so I offer a 2 year. But, if its hinky work, like coating something with a product I don't care for, or the customer appears to be a PITA, then I crank it down to one year or none. Or, if it comes down to making the sale, then I put it for however it needs to be. We do all our prep thoroughly and correctly, haven't had any warranty claims in over 15 years.

*knocks on wood*


The wording from my contracts, note the colored text, very important for painting contractors:


I) WARRANTY:
Contractor warrants that all materials will be of standard or above quality. Labor is warranted for a period of two (2) years. All product warranties will be extended to Customer upon payment in full for work completed. Contractor’s liability under a warranty claim shall not exceed the Total Price charged for the work performed. Customer shall make warranty claims immediately upon discovering defect or performance problem. *In the event that the substrate or any prior coating fails beneath what the Contractor has installed and/or applied, the Contractor will not be held liable for the failure of the substrate or any coating. Failure to comply with the terms, conditions, and payment schedule of this agreement will void all warranties.

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Wallpaper Hanger St. Louis
Digital Murals Installation

Mike Finley

Yeah, I had to change that blue part in my contract because you were the one who sent me that for my contracts back in August!

I do the same thing in regard to changing the duration of the warranty. I constantly have to exclude things on projects because of existing conditions and write them on the warranty, I should add some blank lines for that, but I'm scared the customer might write in something later on.

Kashmir

Thank you Mike and pro…very helpful info…
are the above warrants legally verified with a lawyer? What’s the law when it comes to warrants? do you give a separate signed and dated warranty sheet after the job is done or you just include the warranty clause in the body of the contracts that you use?

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Kashmir :Thumbs:

Humble Abode

Whats a PITA? If you don't mind my asking.

And thanks for the warrenty examples guys. I could use these as well.

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Just because some of us can read and write and do a little math, that doesn't mean we deserve to conquer the Universe. Kurt Vonnegut, (1922 - 2007) from the Novel 'Hocus Pocus'
The NAPP
Milwaukee Painting Contractor

ProWallGuy

PITA = pain in the a$$

There is also a check box on my take-off forms that has "NF" and I write a percentage by it, such as +10% or +15%. This is for a customer who says at the initial meeting something like "I always do my own painting, I just don't have the time to anymore". This means they don't have the time to paint, but they will have all the time in the world to be up your butt with questions and whatnot all day. I can spot these guys a mile away.

NF = nuisance fee

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Wallpaper Hanger St. Louis
Digital Murals Installation

Humble Abode

LOL i'm writing all this down!

I usually tack the 10-15% for NF on at the end of the job and tell them the scope of the work changed. When really they cost me so much time and headache they changed the scope of work just by being a pain in the a$$.

__________________
Just because some of us can read and write and do a little math, that doesn't mean we deserve to conquer the Universe. Kurt Vonnegut, (1922 - 2007) from the Novel 'Hocus Pocus'
The NAPP
Milwaukee Painting Contractor