GROOVY HUES LIMITED WORKMANSHIP WARRANTY - 5 YEARS

Groovy Hues franchisee, an independently owned franchised business and/or licensee of the "Groovy Hues Peace Love Paint Power Wash" trademarks, named within and a party to that certain service agreement ("Service Agreement") with the real property owner ("Groovy Hues Franchisee") warrants to the real property owner, subject to the terms and conditions set forth herein, that the application (the "Services") of the paint and/or power wash (the "Products") shall be performed or rendered free from material workmanship defects. This Workmanship Warranty shall be secondary to any warranty offered by the manufacturer or distributor of the Products used in the performance or rendering of the Services. This Workmanship Warranty is issued to the real property owner and is transferable. This Workmanship Warranty is in effect for a period of five (5) years after substantial completion of the Services. Neither our Franchisor, HPB Painting LLC, a Pennsylvania limited liability company ("Franchisor"), nor Groovy Hues Franchisee offers any other warranties or guarantees extending beyond the description expressly set forth in this Products Warranty. Real property owners making claims under this Workmanship Warranty must notify both Franchisor and Groovy Hues Franchisee in writing of the workmanship defect promptly following its discovery of any workmanship defects and must submit with this notice: proof of the date of performance or rendering of the Services, contractor who performed or rendered the Services, and the date, location, and description of the circumstances under which the defect occurred or was first noticed. To be effective, all notices shall be given in writing to: (i) the Groovy Hues Franchisee, to the address set forth on the Service Agreement; and (ii) Franchisor, at Franchisor's Corporate Office, located at 2525 N. 117th Avenue, Omaha, NE 68164, Attention "Warranty Claim". If material workmanship defects are discovered, Groovy Hues Franchisee shall, at its own expense, make commercially reasonable efforts to repair or resolve the workmanship defects in a reasonable time frame. Repairs under this limited warranty shall only be performed on the specific direct areas where the workmanship defects are known and claimed by you under this Workmanship Warranty and shall be performed in a commercially reasonable manner. Groovy Hues Franchisee's sole responsibility under this Workmanship Warranty shall be to repair or resolve any defective workmanship defects. All other terms and conditions set forth in the Service Agreement are hereby incorporated herein by reference and made a part of this Workmanship Warranty.
 

THIS WARRANTY IS MADE IN LIEU OF, AND EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES AND GUARANTEES, WHETHER WRITTEN OR ORAL, WHETHER AT LAW OR IN EQUITY, OR WHETHER ARISING OR EXISTING UNDER STATUTE (INCLUDING SPECIFICALLY ANY STATUTE GOVERNING THE SALE OF GOODS), OR IN TORT, OR BY IMPLICATION OF LAW OR OTHERWISE. GROOVY HUES FRANCHISEE EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL GROOVY HUES FRANCHISEE BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR IN CONNECTION WITH THE PERFORMANCE OR RENDERING OF THE SERVICES.
 

Groovy Hues Franchisee shall not be held liable under this Workmanship Warranty for: (a) defects or failure caused by improper storage of the Products; (b) performance or rendering of the Services not in strict adherence with Groovy Hues Franchisee written instructions; (c) any damage due to fire, storms, flood, explosion, pandemic, extreme weather conditions, other Acts of God, roof or structural leaks, or substrate failure; (d) defects, failure, or damage caused by materials adjacent to the Products; (e) any damage caused to the property of others; (f) any damage caused by alteration following completion of the application of the Products; (g) any damages or claims due to rot, knots, rust, cedar, pest or rodent infestation, mildew, mold, hazardous materials, or natural aging or defects of the building or structure on the property or surface upon which the Products are applied or Services are performed or rendered, including, but not limited to cracks or punctures within the building or structure on the property or surface upon which the Products are applied or Services are performed or rendered; (h) defects, failure, or damage caused by application of the Products or rendering of the Services made upon any varnished surfaces, surfaces made of or containing galvanized metals, or surfaces that virtue of its design permits moisture to collect, including, but not limited to decks, railings, stairs, porches, roofs, and wood gutters; (i) defects, failure, or damage caused by settlement of movement, moisture content of the substrate, or any application or exposure of cleaning agents or harmful solids, liquids, or gases, including mill-glazing from cedar; (j) defects, failure, or damage caused by a defect in the Products, regardless of whether the Products were supplied by the Product manufacturer; (k) defects, failure, or damage, including failure to strictly or exactly match the color or composition of the Products with the color or composition of the building or structure on the property or surface upon which the Products are applied or Services are performed or rendered, due to weather, environmental conditions, or natural aging; (l) defects, failure, or damage related to or due to the presence, handling, use, remediation, or transportation of any existing lead-based paint or lead-based painted surfaces; or (m) defects, failure, or damage caused by misuse, alterations, accidents, abuse, vandalism, or negligence, related to any surface upon which the Products is applied and the building or structure on the real property upon which the Services are performed or rendered that have been altered, replaced, have work performed on them, or otherwise damaged by, another company, contractor, third party, or the real property owner, including, but not limited to, existing peeling, blistering, or chipped paint or surfaces resulting from prior work. Groovy Hues Franchisee further excludes liability, whether as a result of breach of contract or express or implied warranty, negligence or strict product liability, for special, indirect, incidental or consequential damages related to performance or rendering of the Services, including without limitation: (a) loss of use, loss of work in progress, down time, or loss of income or profits; or (b) lawyer's fees. The foregoing constitutes Groovy Hues Franchisee's sole and exclusive obligation with respect to damages, whether direct, incidental, or consequential, or claims, resulting from performance or rendering of the Services Statements about the qualities, nature, or results of the Services made by Groovy Hues Franchisee or Groovy Hues Franchisee contractors, installers, agents, or representatives, or contained in advertising literature do not constitute an express warranty. This Workmanship Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some U.S. states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. U.S. federal warranty law prohibits the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to you. Become familiar with local, state, and federal regulations regarding chemical health, safety, and handling.