Terms and Conditions
The following Terms and Conditions (herein referred to as T&C) are material and integral parts of all RenuKrete installation contracts and are incorporated therein. Any residential or commercial customer that engages RenuKrete NJ, LLC or RenuKrete NY, LLC (the “Company”) in work related to RenuKrete is referred herein as “Customer.” The Customer’s execution of an Installation Contract with the Company indicates that the Customer has read and agrees to the T&C. All other agreements, whether oral or in writing, are superseded by the T&C in case of any conflict. The paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
RenuKrete is a proprietary and patent-pending product that changes the nature of concrete decks, patios, walkways, hallways, flooring, and other concrete structures and is installed using certain proprietary technology. The owner of all rights to RenuKrete, including but not limited to all intellectual property rights, whether tangible or intangible, copyrights, licensing fees, and royalty fees is RenuKrete USA, LLC.
2. Warning and Indemnification as to Surface Conditions
Concrete surfaces may be slippery, particularly when wet. The Company and its agents and representatives do not warrant or guarantee to the Customer, or any other person or entity, against the occurrence of slips, falls, or other accidents, personal injuries, or property damage of any nature related to the slipperiness or texture of any particular concrete surface. Customer acknowledges the foregoing and that it is the Customer’s responsibility to oversee and ensure safety in the area. Customer agrees to defend, indemnify, and hold the Company, RenuKrete USA, LLC, and their respective subsidiaries, parents, agents and representatives harmless from any claims, demands, damages, or causes of action of any kind arising out of or relating to the condition of the concrete surfaces located at the property where the Customer engaged the Company to perform work, including slips, falls, or other accidents, personal injury, or property alleged to be caused or in fact caused in part or in whole by the Company’s own negligence.
3. The RenuKrete Design and Specifications
The Company uses the RenuKrete process to change concrete to resemble the look and feel of natural stone, natural wood, or natural stone tile including naturally occurring variations that are found in natural stone, natural stone tile, or wood products. A RenuKrete installation is a type of sculpture and as such an artform that is created using a broad range of freedom in imagination, interpretation and creative skill by the Company, intended to be appreciated for their overall beauty and emotional power. A RenuKrete installation will always be subject to the original conditions found at Customer’s location and will have variation in texture, size, shape, color, sheen, porosity and hardness in the final product. Given the unique circumstance of each work piece and of each sculpture, a specific end result is not guaranteed, and photographic images of previous installations do not mean that future installations will turn out the same way. There are many types of natural stone, natural stone tile, or wood products with an infinite number of variations in texture, size, shape, color, sheen, porosity and hardness of the natural stone or wood surface. The Company has the right to use its best judgement and broad artistic freedom in deciding the best possible solution for particular challenges which the Customer’s concrete surface may provide, including but not limited to the treatment of surface conditions, concrete surface color, textures, cracks, surface height differences, and expansion joints. The Company does not guarantee any specific look, texture, size, shape, color, sheen, porosity or hardness of the final product. Similarly, a paver-like installation of natural stone in an outdoor environment also shows variations in the gaps between the stones. These gaps may have varying thickness, color, texture, height, porosity, sheen, hardness and shape. Similarly, the gaps between stones in a RenuKrete installation will have variations in thickness, color, texture, height, porosity, sheen, hardness and shape. As in nature where different stone and wood surface textures and materials provide for varying degrees of traction or slipperiness, RenuKrete installations will have various degrees of traction or slipperiness.
RenuKrete surfaces are non-porous. If the surface on which RenuKrete is installed was porous prior to the installation, the Customer may experience a change in surface texture and traction, particularly when wet.
As with any other outdoor masonry installation, RenuKrete installations are subject to thermal expansion and contraction of the concrete slab and to the movement of surrounding or underlying materials like soil, gravel and concrete slabs. RenuKrete installations will go through an aging process that is normal with any outdoor product.
Hidden defects in the original concrete slabs, including but not limited to deteriorating concrete slabs, insufficiently cured concrete slabs, and delaminating overlays, are the responsibility of the Customer. Should the Company discover hidden defects in the concrete slabs during its work that, in the Company’s sole discretion, materially impact the final result or result in additional costs to the Customer, the Company will inform the Customer. Additional costs may be charged to the Customer. In such event, the Company has the right to complete the remainder of the job as specified in the contract.
Dimensional references, including but not limited to surface area measurements and length measurements shown in Installation Contracts are the best estimate based on the information available to the Company and for reference only. The actual dimensions of the final RenuKrete installation may differ somewhat from the dimensions shown in the Installation Contract due to measurement discrepancies, inaccuracies in architectural or engineering drawings, rounding and rounding errors, calculation errors, or due to increases due to supplemental work necessary that is required for job completion. A variation between the square footage in the Installation Contract and the actual square footage of the RenuKrete installation is not a material deviation from the terms of the Installation Contract or the T&C and does not constitute a breach by RenuKrete. Additionally, references to the dimensions of individual tiles, wood planks or flagstones and angles of individual tiles, wood planks or flagstones are estimates and the actual dimensions and angles may differ from what is shown in the Installation Contract or drawings relating to the project.
5. Proprietary Nature
For the Company to protect its proprietary technology RenuKrete, the Company requires that all customers follow certain rules about confidentiality. The following rules are included in each installation contract. “RenuKrete is a patent-pending product and is installed using certain proprietary technology which the Company protects. You agree not to reverse engineer or otherwise copy the RenuKrete product and not to assist third parties in reverse-engineering or copying the RenuKrete product. You agree not to take photographic images or videos that include the machinery, tools, or processes used to install RenuKrete.” Customer further agrees not to schedule outdoor contractors to be on site during a scheduled RenuKrete outdoor installation. Customer further agrees not to schedule indoor contractors to be on site during a scheduled RenuKrete indoor installation. Customer further agrees not to take "in-progress" images or videos of the installation, except for the sole purpose of Customer's own record keeping. Customer agrees to not share "in-progress" images with 3rd parties, except if required by law. If Customer fails to adhere to these terms, the Company, at the Company’s sole discretion, may discontinue work on the premises. In this case, and at the Company’s sole discretion, costs associated with the performed work by the Company will be charged to Customer. Alternatively, the Company may modify the conditions at the worksite by, for example, installing fencing that will protect the Company’s intellectual property. In this case, and at the Company’s sole discretion, additional costs associated with the Company’s protection of its intellectual property may be charged to the Customer. Should the Customer act willfully or grossly negligent in a way that diminishes the Company’s ability to protect its intellectual property, the Company, at its sole discretion, has the right to discontinue work without refund of any payments made by Customer.
6. Limited Warranty and Disclaimers
The Company provides the following Limited warranty with respect to installations performed by licensed RenuKrete ® installers.
The Company warrants that the materials used in the RenuKrete process shall not have defects in material or workmanship for a period of five (5) years from installation. The Company shall determine in its sole discretion whether the product contains a defect in material or workmanship. Variations in texture, size, shape, color, sheen, porosity and hardness in the final product, including such variations in mortar or grout installed by the Company, do not constitute a defect and are not warrantable. Variations in the thickness, color, texture, height, porosity, sheen, hardness and shape of gaps between stones in a RenuKrete installation, including but not limited to in the mortar or grout, do not constitute a defect and are not warrantable. As with any product, the color of the RenuKrete product may fade over time, especially in the outdoors, and such fading is not a defect and is not warrantable. If within this time period RenuKrete determines that the materials contain a defect in material or workmanship, the Company will, at its option, either furnish an equivalent amount of new product or refund a portion of the purchase price of this product to you that reflects the depreciated replacement costs of the defective material. Except as expressly provided herein, the Limited Warranty excludes all labor.
For a period of one (1) year after installation, the Company agrees to either (a) repair any defects using its own representative, or (b) assign a representative to repair any defects at the Company’s own costs.
The Company disclaims any and all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose.
The Company disclaims any and all incidental or consequential damages, whether based upon breach of express or implied warranty, negligence, strict liability or any other legal theory. The Company disclaims and the Limited Warranty does not cover any damage to the RenuKrete product caused by normal wear and tear, excessive wear, negligence, abuse, excessive use of abrasive materials or tools, failure to follow RenuKrete maintenance instruction, intentional conduct, damage to the substrate material such as cracks, chipping, scratching, thermal expansion and contraction or similar factors that are out of the Company’s control. The Company disclaims and the Limited Warranty does not cover any damage to real or personal property that is outside of the scope of the RenuKrete installation, including but not limited to damage to underlying concrete (cracks, hairline cracks, chipping, spalling, flaking, efflorescence due to slab moisture, other damage due to slab moisture, deterioration etc), settling of slabs, thermal expansion of slabs, separation lines between concrete slabs and/or concrete sections, settling or movement of underlying soil and/or gravel, and piping systems. Concrete slab lifting and leveling work performed by RenuKrete is expressly EXCLUDED from the Limited Warranty. The Company does not warrant that concrete slab lifting and leveling work it performs will remove tripping hazards that may have existed on your property before the Company performed the concrete slab lifting and leveling work. The Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
In the event an error occurs during the installation and the scope of the repair would result in unnecessary and unreasonable destruction of the installation or the cost of repair is disproportionate to the value of the correction, Customer agrees that the Company’s liability will be limited to the diminished value of the installation area with the error.
This warranty is null and void if Customer fails to make payments according to the terms stated herein and on the Installation Contract.
This warranty is limited to installations made to the Company's specifications. Custom installations, or custom variations of installations, or other installations that in any way differ from Company's specifications in any way due to Customer's request, void this warranty in its entirety.
This warranty does not apply to work performed by the Company other than installation of the Product, including but not limited to any work performed under a RenuKrete Sitework contract, resetting pavers, repairing stamped concrete surfaces, pouring concrete slabs, lifting concrete slabs, repairing coping bricks, painting, installing curbs or blocks, or work of similar nature. With respect to Sitework, resetting pavers, repairing stamped concrete surfaces, pouring concrete slabs, lifting concrete slabs, repairing coping bricks, painting, installing curbs or blocks, or work of similar nature, the Company disclaims any and all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, and the Company disclaims any and all incidental or consequential damages, whether based upon breach of express or implied warranty, negligence, strict liability or any other legal theory.
7. Access to Work Site
Customer agrees to give the Company reasonable access to the worksite and surface to be worked on prior to and during installation of the RenuKrete product. Customer is responsible for removing any structures that may impede, obstruct or otherwise block the Company’s access to the worksite and prevent it from installing the RenuKrete product. If Customer fails to remove such structures, the Company will attempt to work around such structures in a reasonable and safe manner. Any areas that cannot be reached due to such structures are the responsibility of the Customer. Customer is responsible for any extraordinary and unusual cost associated with Company's access to job site, should these occur. These costs include but are not limited to equipment rigging and transportation, furniture moving, equipment crane services, and costs to build temporary access structures (e.g. ramps, bridges, etc).
Customer agrees to give the Company reasonable access to electrical outlets and water supply as available. Customer agrees to defend, indemnify and hold the Company harmless for any claims arising from malfunctioning electric supply or water supply upstream of access point. Customer understands that a RenuKrete installation is a construction process and that associated with it, the Company will generate minor dust, debris and create other common side effects which are commonly associated with construction sites. The Company will take reasonable precautions to prevent damage to any of Customer's property. However, Customer understands and agrees that in no event will Company repair or replace any Customers property that may have been damaged beyond its reasonable depreciated time value. If the RenuKrete installation occurs in the proximity of a swimming pool, RenuKrete will take reasonable precaution to keep materials from falling into the pool water. However, Customer understands that Company can't and will not guarantee that no materials will fall into the pool water. If any materials or debris fall into the water, the Company will remove any visible particles from the pool bottom via pool vacuum or other means. In no event shall the Company be responsible for the maintenance or adjustment of the chemical balance, water clarity, or water color of the pool water. The Company has the right to take photographic images of the property, before, during and after the installation for its own record keeping, quality control and advertising purposes. In indoor installations, the Company will take reasonable precautions to control dust and debris through specialized vacuuming and air handling equipment. The Company is not responsible to block off or seal off doorways that lead to other areas not being worked on. Customer is encouraged and responsible to turn off HVAC units that may otherwise distribute fine dust particles through the house or building. The Company is not responsible for any cleaning or cleaning costs that may be required in areas that are not or insufficiently sealed off.
8. Concrete slab lifting and leveling work
RenuKrete is not liable for damage caused to hidden pipes or plumbing, pool, HVAC or electrical equipment, or for cracks in the slab or adjacent walls or any other damage that may occur as part of the concrete slab lifting process. RenuKrete will use its best judgement in determining which slabs should be lifted, in which area and by which height. Technical limitations and the overall horizontal and vertical layout of the entire pool deck may limit RenuKrete's ability to lift certain sections. Customer agrees to follow RenuKrete's judgement in slab-lifting jobs or job portions. Slab lifting is done at RenuKrete's sole discretion within the costs originally agreed to. Concrete slab lifting and leveling work is expressly EXCLUDED from the Limited Warranty. RenuKrete is not responsible for any tripping hazards that may exist on your property. RenuKrete does not warrant that concrete slab lifting and leveling work it performs on your property will remove tripping hazards that may have existed on your property before it performed the concrete slab lifting and leveling work.
While the Company attempts to provide a schedule for a RenuKrete installation, this schedule is subject to the elements prior to and during the installation, potential equipment failure, and acts of God. At no point is the Company liable for any schedule changes or the results of schedule changes, including but not limited to additional costs that the Customer may incur as a result of schedule changes. As a convenience, the Company attempts to communicate any schedule changes in advance. However, the Company is not liable for any lack of communication, late communication, or incorrect communication should they occur. The Company does not guarantee any specific installation start date or time, any specific project length, or any specific finish date and time. Unless specifically stated in the contract, all contracts are based on the Company working on the Work Site without major interruptions by customer. Should Customer require the Company’s work schedule to interrupted due to customer schedule or other reasons outside of the Company’s control, Customer will be responsible for additional costs.
10. Work Order, Changes to the Work, Final Walk Through
Before or at the beginning of installation, the Customer may be required to review and sign a Work Order corresponding to the job. A change of specifications after the work order has been signed must be made in writing and must be approved by the Company in writing. Customer will be responsible for any additional costs resulting from the change in work. If the Customer changes the Color Theme after the original Work Order is issued, the Customer will be responsible for a $250.00 administrative fee. Should there be any discrepancies between the Work Order and the Installation Contract, or if no Work Order is signed, the Installation Contract governs.
Customer is required to make themselves available for and participate in a Final Walk-Through of project with a representative of the Company. During the Final Walk-Through, Customer shall inspect the RenuKrete product and installation and raise any concerns with the installation at that time. The Company will evaluate the Customer’s concerns and will determine, in its sole discretion, whether additional work is necessary. If RenuKrete determines that additional work is necessary due to the Company’s actions or inactions, the Company shall complete the additional work at no additional cost to the Customer. Should Customer fail to participate in Final Walk-Through, the RenuKrete installation will be considered complete as determined in the Company’s sole discretion. In the event the Customer is a general contractor or subcontractor, the Final Walk-Through can be completed by the property owner or the architect for the project, and the Customer agrees that the property owner’s or architect’s participating in the Final Walk-Through will be binding on the Customer.
All payments are due as shown and agreed to on the Installation Contract.
The Company does not agree to a retainage, and no portion of any payment may be retained by Customer. Late payments will be subject to interest at prime rate plus 5% for the duration of the late payment. The Company will begin the process of filing a lien if payment is not made within 20 days. In the event the Company must file a lien or institute an action to collect payments owed by the Customer under the Installation Contract, the Customer agrees to pay RenuKrete’s attorneys’ fees and costs associated with filing such an action or lien. If the Company engages a collection agency with respect to late payments, all costs charged by the collection agency (which typically range between 30% to 40% of the outstanding payments, although the costs can be less or more) will be passed onto the Customer.
Customers that pay deposits using a credit card agree that the Company, at its sole discretion, may store Customer’s credit card information for the payment of future balances due. Company is authorized by Customer to charge credit cards that are provided by Customer verbally, including verbal transmissions over the phone. Deposits are non-refundable except as expressly provided herein.
Customers may cancel the Installation Contract at any time before midnight of the third business day after signing the Installation Contract. If a Customer wishes to cancel the Installation Contract, the Customer must either, (1) send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested; or (2) personally deliver a signed and dated written notice of cancellation to: RenuKrete, 991 US Highway 22, Suite 200, Bridgewater, NJ 08807. If a Customer cancels the Installation Contract within the three-day period, the Customer will receive a full refund of any money paid to the Company. Refunds will be made within 30 days of receipt of the cancellation notice.
Customer agrees to pay all amounts due promptly. Should Customer fail to pay final balance when due, Company has the right, at its sole discretion, to charge Customers credit card on file. Should customer fail to pay final balance when due, Company has the right, at its sole discretion, to remove an installed product from job site proportional to unpaid balance. Should Customer fail to pay final balance when due, Customer agrees to be responsible for all collection costs associated with RenuKrete attempting to collect balance, including but not limited to attorney fees.
Failure to pay final balance in full when due voids the Limited Warranty.
If the Company obtains information that in its sole discretion negatively impacts the Customer's credit worthiness, the Company has the right, at its sole discretion, to withdraw from any contract, provided no work has been performed. In this case, the deposit will be refunded to the Customer. If work has already been performed by the Company, the Company may, at its sole discretion, require progress payments from Customer before continuing the work. The Company, at its sole discretion, may put a "hold" for future amounts due on the customers credit card on file.
12. General Contractors/Subcontractors
In the event the Customer is a general contractor, subcontractor, or some other entity or person that is not the owner or end-user of the product, the Customer agrees to provide the owner and/or end-user of the product with a copy of these T&C.
13. Employee Well-being and Contract Termination
Customer understands that the health and well-being of the Company’s employees is very important to the Company. The Company is committed to a work environment in which all individuals are treated with respect and dignity. Every Company employee has the right to work in a professional atmosphere that promotes equal employment opportunities and that prohibits unlawful discriminatory practices, including harassment. Therefore, the Company has internal policies in place that aim to protect its employees from unlawful discrimination, harassment, sexual harassment, and abusive behavior by others. The Company expects that its Customers will behave in a manner acceptable to these standards. Should any Customer fail to abide by these standards, Company employees are required to inform the Company of such occurrences. If the Company, at its sole discretion, deems that an environment free from such behavior cannot be guaranteed on the job site, the Company has the right, at its sole discretion, to terminate the Installation Contract with Customer. Customer understands and agrees that, if the Installation Contract is terminated under these circumstances, the Company will discontinue its work on the job site and invoice Customer for all work performed, including partial work and unfinished work. Any paid deposits will be applied against any amounts owed to the Company.
Customer will refrain from making any false or misleading statements about the Company and shall only disclose any information about the Company which is in the public domain, or its advertising materials.
Any and all modifications to the Installation Contract and the T&C must be made in writing and agreed to by the Company and Customer.
16. Arbitration Provision
You, on your own behalf and on behalf of all permanent residents of the Property, including minor children, and RenuKrete agree that, except with respect to construction or mechanic’s liens as specifically stated below, any and all claims or causes of action arising out of this Agreement, your purchase or use of the Product, the RenuKrete Terms & Conditions, or any other agreements, communications, or dealings between You and RenuKrete, including but not limited to disputes concerning breach of contract, express and implied warranties, personal injuries and/or illness, representations and/or omissions by RenuKrete, on-site and off-site conditions, and all other torts and statutory causes of action (“Claims”) shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules and the procedures of the American Arbitration Association or its successor, or an equivalent arbitration organization or individual arbitrator mutually agreed upon by the parties. A decision by the arbitrator shall be final and binding. The provisions of this paragraph are governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.
The parties understand and agree that, except as expressly stated herein as to construction or mechanic’s liens, they are waiving the right to a trial by jury and to have a judge decide their dispute.
The parties agree that the filing of construction or mechanic’s liens, actions to foreclose on construction or mechanic’s liens, and other disputes relating to construction or mechanic’s liens shall not be subject to this arbitration provision and instead shall be governed by the procedures set forth in the applicable statute governing the construction or mechanic’s liens including, but not limited to, New Jersey’s Construction Lien Law (N.J.S.A. 2A:44A-1 et seq.) and New York’s Lien Law (New York Consolidated Laws, Lien Law Art. 2).
17. Governing Law
The Installation Contract and the T&C shall be governed by New Jersey law.
Customer agrees that any and all disputes relating in any way to the Installation Contract, the T&C, or the work performed by the Company shall be subject to the exclusive jurisdiction of courts located within New Jersey (including both state and federal courts) to the exclusion of all other jurisdictions.
Should you have any questions about these Terms and Conditions before, during or after installation, please call us at 800-406-5010.