Disclaimer
DISCLAIMER: Tobia Pool Care, LLC will warrant the labor costs when resurfacing the pool for a period of one (1) year from the date of completion. Procedure to file a claim must be put in writing and mailed by certified mail to:
Tobia Pool Care, LLC
6492 Kirsten Way.
Lake Worth, FL 33467
Florida Stucco Corporation warrants its aggregate product against failure for ten (10) years from date of residential installation & five (5) years for commercial installation.
ADDITIONAL EXCLUSIONS. This warranty does not cover the following:
1. Damage due to workmanship during installation or physical abuse.
2. Loss of or damage to any items of personal property or injury resulting from defective workmanship. 3. Natural pebbles, aggregates and method of application may result in aesthetic variations, i.e. shading. These conditions are not a product failure.
4. Aggregate loss. Some aggregate loss is to be expected, including from newly applied material. This is not considered a failure.
5. Material replacement is limited solely to the area that is defective.
6. Minor surface checking, delamination, minor cracks and cracks which may be caused by structural damage, draining the pool, or other factors.
7. Water balance must be continuously maintained within NPC recommended standards for exposed aggregate finishes. This Limited warranty does not include damage due to improper water balance or damage in correcting such imbalance. Verifiable water chemistry maintenance records are required.
8. Damage from animals, including but not limited to, dogs, cats, pets, insects, birds, rodents, frogs, amphibians. The presence of (or any damage from) vegetation growth, including but not limited to mold, mildew, and fungus.
9. Loss of use, loss of opportunity, loss of market value, loss of rental value or any other similar consequential loss.
10. Personal or bodily injury or any kind (including physical or mental pain and suffering and emotional distress), medical, hospital, rehabilitation, or other incidental or consequential expenses or damage to personal property.
11. This warranty is not transferable
12. Loss or damage that Owner has not taken appropriate action to minimize as soon as practical.
13. Loss or damage that is covered by Owner’s insurance or other warranty.
14. Violations of local, state, or national building codes, ordinances, standards. Claims Procedures. To initiate a warranty claim you must notify FL Stucco by submitting a written claim to FL Stucco at P.O. Box 880023, Boca Raton, Florida 33488-0023. Said writing must state the date you found the defect, giving a detailed description of the defect, and stating that you are making a claim under this Warranty. Except for an emergency, do not repair or replace the claimed defect. OWNERS WRITTEN CLAIM MUST BE RECEIVED BY FL STUCCO PRIOR TO THE EXPIRATION OF THE LIMITED WARRANTY TERM. THERE IS NO WARRANTY COVERAGE FOR ANY CLAIM RECEIVED AFTER THIS DATE, AND FL STUCCO HAS NO OBLIGATION TO CORRECT, REPAIR, OR REPLACE ANY DEFECT REPORTED AFTER THIS DATE. THESE TIME LIMITS ARE AN IMPORTANT PART OF THIE WARRANTY AND SHALL BE STRICTLY OBSERVED. Once your claim has been received, the following items shall be required at time of inspection.
1. Limited Warranty as completed at time of application;
2. Original certified mail receipt or e-mail return receipt as completed at time of application;
3. Proof of purchase; and
4. Copies of monthly (or more frequent) results of water chemistry analysis done by a water chemistry professional. Mediation. Dispute resolution shall be by binding arbitration. The parties waive all rights to a trial by jury in the event of any dispute or court action arising from or related to this Warranty. Binding arbitration shall be the sole remedy. In the event of any dispute arising out of the subject matter of this Warranty, the prevailing party shall recover it’s reasonable attorney’s fees and other costs and expenses incurred in arbitration, defending, or resolving the dispute. Other Terms. This limited warranty shall be governed in its enforcement, construction and interpretation by the laws of the state of Florida. This limited warranty contains the entire agreement between Owner and FL Stucco respecting the matters set forth herein and supersedes all prior agreements between Owners and FL Stucco respecting such matters. In the event that any provision of this Limited Warranty is held or determined invalid or unenforceable, for any reason, the remainder of this Limited Warranty shall remain in full force and effect and unaffected by such holding or determination. The normal rule of ambiguities being held against the drafter shall not apply to this Limited Warranty.
Mechanics Lien Warning: Under Chapter 713 of the Florida Statutes, allows contractors, subcontractors, laborers, and material suppliers to file a lien against a property if they are not paid for work or materials provided for improvements to the property. This lien secures payment by encumbering the property, potentially leading to foreclosure if the debt isn't satisfied’
This means that after a court hearing, your home, land and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Notice to Owner”. Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A Notice to Owner notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to protect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
1. Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract and all costs will be incurred by the customer. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity.
2. Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar.
3. Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid.
4. Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional “Waiver and Release” forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the “Waiver and Release” forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a mechanics’ lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete.
To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the “Waiver and Release” Form. If a mechanics’ lien has been filed against your property, it can only be voluntarily release by a recorded “Release of Mechanics’ Lien” signed by the person or entity that filed the mechanics’ lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property.”
An inspection addresses only those components and conditions that are present, visible, and accessible at the time of the inspection. While there may be other parts, components or systems present, only those items specifically noted as being inspected were inspected. The inspector is not required to move furnishings or stored items. The inspection report may address issues that are code-based or may refer to a particular code; however, this is NOT a code compliance inspection and does NOT verify compliance with manufacturer’s installation instructions. The inspection does NOT imply insurability or warrantability of the structure or its components. Although some safety issues may be addressed in this report, this inspection is NOT a safety/code inspection, and the inspector is NOT required to identify all potential hazards.
In this report, the inspector will note which systems and components were inspected, not inspected, not present, and/or deficient. General deficiencies include inoperability, material distress, water penetration, damage, deterioration, missing parts, and unsuitable installation. Comments may be provided by the inspector whether or not an item is deemed deficient. The inspector is not required to prioritize or emphasize the importance of one deficiency over another. Some items reported as deficient may be considered life-safety upgrades to the property This inspection is not an exhaustive inspection of the structure, systems, or components. The inspection may not reveal all deficiencies due to hidden or unknown factors. The inspection does not cover leak detections unless otherwise noted.
This report is the exclusive property of Gator Leak Detection, LLC and the client whose name appears herewith, and its use by any unauthorized persons is strictly prohibited. The observations and opinions expressed within this report are those of Gator Leak Detection, LLC and supersede any alleged verbal comments. We inspect all of the systems, components, and conditions as described above and cannot be responsible for any work performed in order to cover or hide said repair(s). In accordance with the findings above, the service recommendations that we make in this report should be addressed.