Terms and Conditions
The following Terms and Conditions (herein referred to as T&C) are integral part of all RenuKrete installation contracts and therein referred to. It is the customers responsibility to read and understand these Terms and Conditions. Customers signature under the contract indicates that the Customer has read and agrees to these Terms and Conditions. All agreements, whether oral or in writing, are superseded by these T&C in case of any conflict.
For the purposes of these T&C, RenuKrete (herein referred to simply as “RenuKrete”) is a proprietary and patent-pending product that changes the nature of concrete slabs and it is installed using certain proprietary technology. The owner of all rights to RenuKrete, including but not limited to all intellectual property rights, copyrights, licensing fees, royalty fees, tangible or intangible is RenuKrete USA, LLC, herein referred to as “Company.” Any residential or commercial customer that engages the Company in work related to RenuKrete is referred herein as “Customer.
Concrete surfaces may be slippery, particularly when wet. RenuKrete USA LLC 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 injury, or property damage of any nature. Customer acknowledges the foregoing and that it is Customer’s responsibility to oversee and ensure safety in the area. Customer agrees to defend and hold RenuKrete USA LLC and its agents and representatives harmless from any claims, demands, damages, or causes of action of any kind arising out of the condition of the concrete surfaces.
3. Design and Specifications
RenuKrete changes the nature of concrete to resemble the look and feel of natural stone, natural stone tiles, hardwood, reclaimed wood or that of other natural products, all with a level of variations that are found in nature. There are many types of natural stone and wood types with an unlimited variation of style, texture, size, shape, color, sheen, porosity and hardness. The Company does not guarantee any specific result, outcome, texture, size, grain-pattern, shape, color, sheen, porosity and hardness of the final product. A RenuKrete installation will always be subject to the original conditions found at Customer location and have a certain amount of variation in 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 of a RenuKrete installation will have variations of these characteristics. Mortar lines, grout lines and other, similar separation lines between product sections have width, texture, color and other production tolerances that are subject to RenuKrete's sole discretion. Product section sizes, such as tile sizes, wood plank sizes, flagstone sizes, that may be shown on the Contract are NOMINAL sizes are are subject to RenuKrete's production tolerances. As in nature where different stone surface textures and materials provide for varying degrees of traction or slipperiness, RenuKrete installations have various degrees of traction or slipperiness. RenuKrete surfaces are non-porous. If the Customer's product surface was porous prior to the installation, the Customer may experience a change in surface texture and traction, particularly when wet. As with any other concrete floor installation, RenuKrete installations are subject to thermal expansion and contraction of the concrete slab, to the movement of surrounding materials like soil, gravel and concrete slabs. RenuKrete installations will go through an aging process that is normal and out of RenuKrete's control. This aging may include staining, cracked slabs, shifting slabs, efflorescence or similar occurrences. Square footage shown in contracts is NOMINAL, IE. these may differ somewhat from actual surface area measurements due to measurement discrepancies, rounding and rounding errors, calculation errors or due to increases due to supplemental work necessary that is required for job completion.
4. 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 it installed using certain proprietary technology which the company protects. You agree not to reverse engineer or otherwise copy the product and not to assist 3rd parties in reverse-engineering or copying the product. You agree not to take photographic images or videos that include machinery, tools or processes of RenuKrete.” Customer is further advised to not schedule outdoor contractors to be on site during a scheduled RenuKrete installation outdoors. Customer is further advised to not schedule indoor contractors to be on site during a scheduled RenuKrete installation indoors. Customer’s failure to adhere to these rules may cause the Company, at the Company’s sole discretion, to discontinue work on the premises or to create conditions that otherwise 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 Customer act willful 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.
RenuKrete offers a warranty. Failure to pay final balance in full when due voids warranty.
Customer agrees to give RenuKrete reasonable access to the product and surface to be worked on. Customer is responsible to remove any structures, furniture, supplies or similar obstacles that may impede, obstruct or otherwise keep RenuKrete from working on the product. Should Customer fail to remove such structures, RenuKrete will attempt to work around such structures in a reasonable and safe manner. Any areas that can't 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, equipment crane services, and costs to build temporary access structures (e.g. ramps, bridges etc). Customer agrees to give RenuKrete reasonable access to electrical outlets and water supply as available. Customer will hold RenuKrete harmless for any claims arising from malfunctioning electric supply or water supply upstream of access point. RenuKrete 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, RenuKrete will take reasonable precautions to control dust and debris through specialized vacuuming equipment. RenuKrete 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 air handling and movement equipment that may be in the building or home. Customer understands that not turning off such equipment may distribute dust throughout the equipment and building. RenuKrete is not responsible for any cleaning required in areas that are not or insufficiently sealed off.
7. Concrete slab lifting and leveling work
RenuKrete is not liable to damage caused to hidden pipe, plumbing, pool, HVAC or electrical, cracks in slab or adjacent walls or any other damage which may occur as part of the lifting process. Concrete slab lifting and leveling work is expressly EXCLUDED from RenuKrete's general warranty.
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, certain equipment failure and acts of God. At no point is the Company liable for any schedule changes, the results of schedule changes, including but not limited to additional costs that may incur to customer as a result to schedule changes. As a convenience, the Company attempts to communicate any schedule changes. However, the Company is not liable for any lack of communication, late communication or wrong communication should such communication occur. The Company does not guarantee any specific installation start date or time, any specific project length or any specific finish date and time. Customer is required to make themselves available for and to participate in final Walk-through of project with a representative of the Company. During this Walk-through, Customer is required to inspect the product and installation. Complaints should be made at this time and RenuKrete will attempt to resolve these. Should customer fail to participate in final walk-through, payments are due when the Company determines the project to be complete. The RenuKrete installation is considered complete as determined at the Company’s sole discretion.
9. Work Order, Final Walk Through, Complaints
At the beginning of work performed by RenuKrete, 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 RenuKrete management and may result in additional charges. In addition, changing the Work Order from the original Work Order results in 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 supersedes. At the completion of work, the Customer is required to participate in a final walk-through of the project with a representative of the Company. Customer acknowledges that any complaints about product quality or discrepancies with the Work Order are to be made at the time of Walk-Through. Complaints that are not covered by RenuKrete Warranty (see Paragraph 5.), that are made after the final Walk-Through and that require a separate visit will be addressed by RenuKrete at the company's sole discretion against a service fee.
All payments are due as shown and agreed to on the installation contract. Final balance is due when project is complete as determined by the Company. Customers that pay deposits using a credit card agree that the Company, at its sole discretion, may store Customers credit card information as alternative payment form for future balances due. Customer authorizes RenuKrete to charge any outstanding balances with credit card on file. Customer invoices that are unpaid after 15 days result in Customer's account marked "delinquent." Deposits are non refundable with the exception of a contract cancellation as follows:
“You may cancel this contract at any time before midnight of the third business day after signing this contract. If you wish to cancel this contract, you 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 you cancel this contract within the three day period, you are entitled to a full refund of your money. Refunds will be made within 30 days of receipt of the cancellation notice.” Customer agrees to pay all amounts due promptly. Failure to pay final balance in full when due voids warranty.
A FINANCE charge of 2% per month will be added to all accounts not paid when due. This is an annual percentage rate of 24%. In the event a balance is not paid when due, Customer account will be considered delinquent and Customer agrees to pay a 30% collection fee, all attorney fees and any other fees associated with RenuKrete collecting the balance.
Should customer fail to pay final balance when due, Company has the right, at its sole discretion, to remove a installed product from job site proportional to unpaid balance. Paying the open balance late, incomplete or after Customer account has been marked delinquent, warranty remains void and will not be reinstated.
11. Employee Well-being and Contract Termination
Customer understands that the health and well-being of its employees is very important to RenuKrete. RenuKrete is committed to a work environment in which all individuals are treated with respect and dignity. Every RenuKrete employee has the right to work in a professional atmosphere that promotes equal employment opportunities and that prohibits unlawful discriminatory practices, including harassment. Therefore, RenuKrete 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 behave in a manner acceptable to these standards. Should any Customer fail to abide by these standards, RenuKrete employees are required to inform management of such occurrence. If RenuKrete, at its sole discretion, deems that an environment free from such behavior can't be guaranteed on the job site, RenuKrete has the right, at its sole discretion, to terminate its contract with Customer. Customer understands and agrees that, if the contract is terminated in this way, RenuKrete will discontinue its work on the job site, invoice Customer for all work performed, including partial work and unfinished work. Any paid deposits will be applied against the invoice.
Should you have any questions about these Terms and Conditions before, during or after installation, please call us at 800-406-5010.
These T&C are valid for all contracts signed and received prior to 20 December 2019, 12:01 am. The T&C valid for any contracts signed and received by the Company after 20 December 2019, 12:01 am are referenced here.