Southern Grouts & Mortars, Inc. (herein referred to as SGM), warrants its product solely against material failure from the date of installation for a period of 5 years. In the event of failure, SGM’s sole liability shall be, upon SGM’s verification, to provide the materials necessary to repair the area of failure only. Material replacement is limited to repair only. It is understood that some cosmetic variation may result in connection with installation of the material upon repair. EXCEPT FOR THE FOREGOING WARRANTY, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BEING MADE HEREUNDER BY SGM, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SPECIFIC LIMITATIONS TO LIMITED WARRANTY

NOTE: IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ARE LIMITED TO FIVE (5) YEARS. THIS IS A LIMITED WARRANTY AS SET FORTH HEREIN

ITEMS SPECIFICALLY NOT COVERED BY THIS WARRANTY INCLUDE, WITHOUT LIMITATION:

1. This warranty excludes damages to the Spray Deck system due to physical abuse of the surface or workmanship.
2. Spray Deck System must be applied in accordance with SGM, Inc published installation procedures. Any Spray Deck delamination directly related and attributed to the underlying concrete substrate is no covered by this warranty. (Examples: cracking, settling, expansion, and contraction movement, deterioration, and moisture penetration through concrete or cracks.)
3. Any delamination resulting from any chemical or mechanical means is not covered by this warranty.
4. SGM warrants the Spray Deck material only and is not responsible for labor or incidental costs to repair said material. The applicator shall have the right to repair the area of failure only. Spray Deck material replacement is limited to this repair and it is understood some cosmetic and color variation may result.
5. Customer must notify, in writing, that delamination occurred strictly from bond failure of the Spray Deck material and not from the underlying concrete.
6. Proper deck installation is critical to the performance of the Spray Deck finish. The finish is not structural.
7.  Warranty is not valid unless successfully completion of this online warranty form within thirty (30) days of application of the Spray Deck material.
8. Natural color variations of Color Guard Plus are not covered. In order to achieve uniform color consistency, Color Guard Plus must be boxed. Applicator is required to use the complete Spray Deck System. Any substitutions will void this warranty.

IN NO EVENT SHALL SGM BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER TORT, CONTRACT OR OTHERWISE (INCLUDING WITHOUT LIMITATION LOSS OF USE) EVEN IF SGM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. SGM MAXIMUM LIABILITY UNDER THIS WARRANTY SHALL BE TO SUPPLY THE MATERIALS NECESSARY TO REPAIR THE AREA OF FAILURE.

Our material is tested and certified by independent laboratories. All data is given in good faith however we reserve the right to change products and specifications without notice. SGM advises interested parties to satisfy themselves as to accuracy of any data and to seek certification if appropriate.

At SGM’s discretion, proof of purchase and use may be required as a condition of this warranty.

For any valid claim presented under warranty; SGM, Inc. will provide the owner with a standard remedy. For any claim that is not valid, owner will pay SGM, Inc. reasonable charges, including travel and labor, associated with investigation of such claim.

All disputes arising out of or relating to the terms and conditions of this warranty shall be interpreted pursuant to Florida law and where applicable, Federal law. Venue for all such disputes shall be in the circuit court of Broward County, Florida.

This warranty constitutes the sole and only warranty being made by SGM and may not be altered, modified or changed except by a written instrument signed by the President of SGM. No oral representation, warranty or promise may be relied upon by any person in making a warranty claim hereunder

LIMITED WARRANTY CLAIM PROCEDURES

To initiate a limited warranty claim, notify SGM in writing describing the complaint and photocopies (do NOT send originals) of the warranty as completed at the time of the application, copies of the monthly (or more frequent) results of water chemistry records analyzed by a commercial water chemical retailer and by certified mail to:

SGM, INC., PRODUCT WARRANTY DIVISION:
1502 S.W. 2ND PLACE,
POMPANO BEACH, FLORIDA 33069

Valid only in the Continental United States. Warranty is Non-Transferable.